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General Terms And Conditions Of Sale

 

PRICES

All prices shall be in accordance with HindlePower, Inc. price lists and quoted prices in effect at the time of
receipt of purchase order. Minimum billing is $50.00 US per item unless agreed otherwise.

TERMS

Quoted prices are acceptable within thirty (30) days, and subject to Net 30 terms from date of invoice, unless
otherwise stipulated. Invoices may be submitted as partial shipments are made. If during the period of
contract the financial condition of the purchaser does not justify the terms of payment specified,
HindlePower, Inc. may require full or partial payment in advance before proceeding with the contract.

TAXES

Prices are exclusive of any tax or other charges HindlePower, Inc. may be required to collect or pay upon the
sale of items quoted. Such charges are payable by the purchaser and all purchase orders must state the
existence and amount of any charges which it is the Company's responsibility to collect or indicate by
certificate exemption.

SHIPMENT

The promised shipment date is estimated from current production schedules and is subject to confirmation at
the time of receipt of purchase order. HindlePower, Inc. is not responsible for any loss, damage or delay of
any type caused by reasons beyond its control. Unless specifically agreed upon in writing, exact time of
delivery is not a condition of sale, therefore cancellations, returns or penalties cannot be considered for that
reason. Shipments shall be FCA shipping point unless agreed otherwise. HindlePower, Inc. reserves the
right to partial shipments unless instructed otherwise. Special packing, crating and handling charges that
may be required shall be added to the purchaser's account.

TITLE

Unless otherwise agreed to in advance, all orders will ship, HindlePower, Inc. manufacturing or distribution
facility, as applicable, with title and risk of loss passing to you upon the Company's delivery of the product to
the first common carrier.

CLAIMS

The responsibility for claims for damages and non-receipt is transferred to the consignee after bill of lading or
express receipt is signed. Claims for damage should be made to the carrier by the purchaser after inspection
upon receipt, and not later than ten (10) days thereafter. Claims for shortage must be made to the carrier or
HindlePower, Inc. no later than five (5) days after receipt of shipment.

WARRANTY

All items manufactured by HindlePower, Inc. are warranted to be free from defects in material and
workmanship for a period of five (5) years from delivery, as defined by JF5001-00. During the warranty
period, parts found to be defective by our inspection will be repaired or replaced free of charge, and supplied
FCA our factory. Third-party accessories not designed or tested by HindlePower, Inc. shall carry the
warranties of their respective manufacturers.
No warranty is expressed or implied with respect to damages to HindlePower equipment, or any
consequential damages, arising from improper usage or application, or modification beyond the scope
required for normal operation. HindlePower, Inc. accepts no engineering responsibility for components or
systems beyond those manufactured by the Company.
HindlePower, Inc. shall in no event be liable for any indirect, consequential, incidental, special, or other
damages except for direct or compensatory damages, regardless of whether a claim for any such damages is
based in contract, tort, strict liability, or any other legal theory. The total liability of HindlePower, Inc.
arising under the purchase order shall be limited to the available proceeds of its insurance coverage
maintained in the ordinary course (certificates of insurance available upon request).

RETURNS

Any materials returned to HindlePower, Inc. must have written authorization (RMA form) issued by the
Company.

ACCEPTANCE OF ORDERS

These terms and conditions shall become part of the order and constitutes a binding mutual agreement
between the purchaser and HindlePower, Inc. These conditions shall take precedence over any which may
appear on the purchaser's standard form, unless otherwise agreed in writing.

CANCELLATION

Orders are not subject to cancellation except by mutual consent, and on terms which will indemnify
HindlePower, Inc. against any loss.

GENERAL

These terms and conditions are subject to change without notice. HindlePower, Inc. represents that with
respect to the production of the articles and/or the performance of the services stated herein, it has fully
complied with all of the applicable provisions of the Fair Labor Standard Act of 1938 as amended.

 

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If you have any further concerns regarding our General Terms and Conditions of Sale please contact:

Gary Guagliardi (Director of Sales and Marketing)
610.330.9000 - ext. 223