- 7
FASTCORP (“SELLER”) TERMS AND CONDITIONS OF SALE
1. PRICES. All prices, quotations, shipments and deliveries by Seller are F.O.B. Seller's facility. All base prices are
subject to change upon thirty (30) days notice and all orders are accepted subject to Seller's price in effect at the time of
shipment.
2. APPLICABILITY, ACCEPTANCE AND MODIFICATION. These terms and conditions apply to all quotations and
purchase orders covering the sale of Seller's products or services. Seller's acceptance of Buyer's order is expressly made
conditional on Buyer's acceptance of the terms and conditions set forth herein. The terms and conditions set forth
herein constitute the complete agreement between the Seller and the Buyer, and may be accepted only in accordance
with their terms. They may not be modified except by written agreement referring specifically to these terms and
conditions and signed by a duly authorized officer of Seller. Any provisions of Buyer's purchase order which are
inconsistent with the foregoing shall be of no force and effect, unless Seller shall have agreed to a modification of these
terms and conditions in the manner set forth herein. Buyer's failure to dissent from the terms and conditions, or Buyer's
acceptance or use of the Seller's equipment shall constitute Buyer's acceptance of these terms and conditions. Buyer, by
these presents and the acceptance of the goods ordered herein represents and warrants the Buyer is solvent and able to
pay for the goods in accordance with these terms and conditions of sale. Any order accepted by Seller shall not be
assigned, sold or otherwise transferred by Buyer unless Seller expressly agrees in writing to such sale, assignment or
other transfer.
3. DELIVERY AND DELAYS. Seller's obligation is to deliver the goods F.O.B. Seller's facility. Risk of loss passes to
Buyer at the moment of delivery. Buyer will inspect the products within a reasonable time after receipt thereof and if
Buyer fails to notify Seller within thirty days after receipt that the products are defective in any respect, Buyer will
have waived any rights or claims against Seller. Orders for products made to Buyer's specifications are not subject to
cancellation by Buyer. Products made to Buyer's specifications must be inspected and accepted by Buyer before
shipment. After shipment, Buyer shall have no rights or claims against Seller for such products. Delivery dates
appearing on Seller's order acknowledgment, or given to Buyer in any other manner, are approximate. Seller will not be
liable for any delay in the performance hereof or for any damages suffered by Buyer by reason of such delay it caused
or by the occurrence of any contingency beyond the control of Seller including, but not limited to, delays or non
delivery arising directly or indirectly from fires, floods, substantial damage to its plant, accidents, riots, acts of God,
open hostilities, declarations of national emergencies, war, terrorist acts, governmental interference or embargoes,
strikes, labor difficulties, shortage of labor, fuel, power, materials or supplies, or any other cause or causes (whether or
not similar in nature to any of those herein above specified) beyond its control. Seller shall allocate production and
deliveries among Seller's customers in its sole discretion.
4. STORAGE. In the event that Buyer is unable to accept delivery of parts or equipment at the time of completion and
of shipment, Seller may invoice for the total purchase price as if the shipment has been made and; (i) if Seller is able to
store such equipment in its own facilities, the Buyer shall pay Seller reasonable handling and storage charges for the
period of such storage; or (ii) if Seller is unable to store such equipment in its own facilities, Seller reserves the right to
arrange handling and storage in a suitable warehouse for the Buyer, at the Buyer's expense. In cases where handling
and storage become necessary, it will become the responsibility of the Buyer to notify Seller when shipment is to be
made and to what destination.
5. ADEQUATE ASSURANCES. Seller may, at any time, suspend performance of any order or require payment from
Buyer in cash, security or other adequate assurance satisfactory to Seller when, in Seller's sole opinion, the financial
condition of Buyer or other grounds for insecurity warrant such action.
6. TAXES. Any tax which the Seller may be required to pay or collect, through assessment or otherwise, under any
existing or future law upon or with respect to the sale, purchase, delivery, transportation, storage, processing, use or
consumption of any goods or services provided by Seller to Buyer, including taxes upon or measured by the receipts
from sales or services, shall be for the account of Buyer and may be added to the price of goods or services purchased
by Buyer. Buyer shall promptly pay the amount thereof to Seller upon demand.
7. LIMITED WARRANTY.
(A). Subject to the limitations specified herein, the EVOLUTION FS-01 and/or EVOLUTION FS-02 Frozen
Merchandisers manufactured by Seller is warranted for two (2) years from the date of purchase against defective parts
and workmanship and the EVOLUTION FS-01 and/or EVOLUTION FS-02 Frozen Merchandisers’ freezer system
consisting solely of the compressor, condenser, evaporator and the refrigerant tubing is warranted for two (2) years
from the date of purchase against defective parts and workmanship. Any part or parts which are proven to be defective
within the applicable warranty period will be repaired and/or replaced free of charge, provided that, (i) the return of
such part or parts is authorized in writing by Seller's Warranty Department (the "Return Authorization"), and (ii) the
defective part and a copy of the Return Authorization is returned with transportation charges prepaid to the destination
designated by Seller's Warranty Department. All labor charges shall be for the account of Buyer.
To Purchase This Item, Visit BMI Gaming | www.bmigaming.com | (800) 746-2255 | + 561-391-7200
