ORDERS
All orders are subject to acceptance or rejection by Foss Industries Inc., hereinafter called FII.  No order or contract shall be deemed accepted unless and until such acceptance is made in writing by FII.

PRICES
Prices, quotations, specifications, and other terms and all statements appearing in FII’s catalogs, brochures, advertisements, and otherwise made by FII, are subject to change without notice.  Where applicable, FII reserves the right to make changes in design or specification at any time, without incurring any obligation to provide same on items previously purchased, or to continue to supply obsolete items.  The weights and dimensions shown in FII’s sales literature are not guaranteed.  Unless otherwise specifically provided in writing, the prices quoted are based upon manufacture of the quantity and types originally specified and are subject to revision when interruptions or engineering changes are caused or requested by customer.  We are not responsible for typographical errors made in any of our publications or for stenographic or clerical errors made in preparation of quotations.  All such errors are subject to correction.

DELIVERY
The delivery date is our best estimate of the time material will be shipped from our factory and we assume no liability for loss, damage or consequential damages due to delays.  FII is not liable for delays or defaults due to causes beyond its control.

TERMS OF PAYMENT
On approved orders, terms are specified on the attached hereof.  FII may at any time, when in its opinion the financial condition of the customer warrants it, either alter or suspend credit. Each shipment shall be considered a separate and independent transaction and payment thereof shall be made accordingly.

SHIPMENTS
All shipments are made F.O.B. plant (unless otherwise specified) and boxing and packing for domestic shipment are included in the quoted price.  When special domestic or export packing is specified involving greater expense than that customarily supplied, a charge may be made to cover such extra expense.  When ordering, state clearly method of shipment.  Unless otherwise specified, we will normally use the best, least expensive surface transportation.  Reasonable care is exercised in packing our products for shipment and we assume no responsibility for delay, breakage, or damage after having made delivery in good order to the carrier.  All claims for breakage, or damage should be made to carrier, but we will be glad to render assistance in securing satisfactory adjustment of such claims.

WARRANTY
We guarantee to correct, by repair or replacement, at our opinion, any defects of material and workmanship which develop under normal and proper use within one year after date of shipment, or as specified in our catalogs when our inspection proves the claim.  All such material must be returned to us transportation charges prepaid.  We will not assume any expense or liability for repairs made outside our plant without our written consent.  FII is not responsible for damage to any associated instruments, equipment, or apparatus nor shall we be held liable for loss of profit or other special damages.  There is no other guarantee or warranty or liability except as here stated.

Warranty exclusions:

Warranty exceeds time limit of warranty.

Previous RGA sticker is no longer attached to the warranty item/no indication that Foss did the repair.

Warranty item shows evidence of being tampered with.

Warranty item shows signs of improper use, application or abuse.

Warranty item shows signs of contamination.

Item failure unrelated to the original repair.

CLAIMS & REJECTED MATERIAL
No products may be returned without our permission in writing, except with prior arrangement.  After receiving factory authorization, material requiring repair or replacement should be sent prepaid to the factory accompanied by a purchase order of letter stating as completely as possible the defects and the conditions under which it occurred.

SPECIFICATIONS
Where an order is based on sample approval, such sample’s functional characteristics and properties shall take precedence over other forms of specifications for materials to be shipped under that order.  FII reserves the right to make changes which do not alter electrical or mechanical functions except if specifically restricted by prior agreement.

TAXES
Federal excise, state or local taxes, if any, must be added to the net catalog prices and will be shown as a separate item upon invoices and quotations and shall be borne by the customer.

SM0308 Rev3      5/27/98

Terms & Conditions