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UNIFORM TERMS AND CONDITIONS OF SALE

I        ACCEPTANCE

      A.  All orders are received subject to government priorities if applicable and acceptance at the Seller's.

      B.  If the terms and conditions of the Seller's acknowledgment differ in any way from the terms and conditions of the Purchaser's order, the Seller's acknowledgment shall be construed as a counteroffer and shall not be effective as an acceptance of such order unless the Purchaser assents to the terms and conditions contained herein, which shall constitute the entire agreement between the parties.  The failure of the Purchaser to object in writing within two (2) days from the receipt thereof shall constitute assent hereto.  No additions to or modifications of any terms and conditions hereof shall be effective unless made in writing and signed by the Seller.

II   PRICES

      A.  The prices herein named or heretofore quoted or agreed upon are subject to adjustment to the Seller's prices in effect at the time of shipment unless Seller agrees to a firm fixed price in writing.  Unless otherwise stated on the face of the quotation, prices quoted are effective for 30 days.

      B.  Prices quoted are for quantities delivered within contract.  If lesser quantities are delivered than ordered because of cancellation or postponement by the Purchaser, then the Purchaser will be liable for payment of a price adjustment to the price level for the quantity actually delivered.

      C.  Increases in quantities in order to obtain price level advantages are valid only if accepted in writing by the Seller.  Prices are based upon quantities and schedules that enable the Seller's to obtain production efficiencies and are subject to the Seller's determination alone.

      D.  Seller's prices do not include sales, use, excise or similar taxes.

III  DELIVERY SCHEDULES

      A.  All delivery schedules will be computed from the date the purchase order is received, and will depend upon the receipt and availability of raw materials parts and production schedule.  Delivery dates are given to the best of our knowledge based on conditions existing at the time of quoting but are not guaranteed.  Failure to make shipment as scheduled does not constitute a cause for cancellation and/or for damages of any character.  Seller will not be liable for any delay or failure to perform in whole or in part because of fires, floods, strikes, work stoppage, accidents, casualty, inability to procure supplies and raw materials, delays in transportation, force, or any causes beyond Seller's control.

IV  GUARANTIES AND WARRANTIES

          We warrant to the Purchaser only, the goods sold hereunder to be free form defects in material and workmanship under normal use.  Our obligation under this warranty shall be limited to the repair or exchange of any merchandise which is determined to be defective within Ten (10) days from the date of shipment thereof and notice thereof is given in writing to Seller and which our examination shall disclose to our satisfaction to be thus defective, and we expressly disclaim any liability under this warranty or otherwise for damages or losses of any kind whatsoever, including but not limited to property damage, personal injury or death.  

THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR USE AND OF ALL OTHER    OBLIGATIONS OR LIABILITIES ON OUR PART.  THIS WARRANTY SHALL TERMINATE UPON RESALE OF THE GOODS SOLD HEREUNDER WHETHER OR NOT AT THE TIME OF SUCH RESALE THE GOODS HAVE BEEN INCORPORATED INTO ANOTHER PRODUCT. IN NO EVENT SHALL SELLER BE LIABLE FOR INCIDENTAL AND/OR CONSEQUENTIAL DAMAGE OR LOSSES INCURRED BY PURCHASE BY REASON OF THE BREACH BY SELLER OF ANY OBLIGATION INCURRED BY SELLER HEREUNDER.

V   ADJUSTMENT TERMS

      A.  Purchaser waives all claims for shortage or defects of any kind unless such claims are made in writing within Ten (10) days after receipt of the products which are the subject of his purchase order.

      B.  Defective product may be returned to the Seller after inspection by the Seller and upon receipt of definite shipping instructions from the Seller.  Goods so returned will be replaced or repaired without charge or the Seller may credit the value of the defective prices at the rate originally charged for by the Seller.

  The Seller shall not be liable for loss, damage or expense directly or indirectly arising from the use of the products or from any other cause.  Defective goods must not be returned to the Seller except with Seller's written consent.  No charges for repair will be accepted without Seller's written authorization.

      D.  No adjustment will be made for products for any reason other than Seller's failure to meet the specification called for on Purchaser's order.  Final determination as to whether any such adjustment is allowable rests with the Seller.

VI  ALL SHIPMENTS WILL BE F.O.B. SELLER'S SHIPPING POINT

          Unless there are specific instructions to the contrary, all products will be shipped via the most economical means and routing as relates to the type of product.  All charges for freight and insurance will be for the account of the Purchaser.

VII OVER-RUNS

          N/A

VIII      INSPECTIONS AND SPECIFICATIONS

      A.  Purchaser will provide the Seller with inspection criteria where the product is manufactured to the Purchaser's own designs, prints or specifications.

   IX      TERMINATIONS, HOLD OR STOP ORDERS

      A.  Orders or portions of orders placed on hold by the Purchaser may be considered terminated by the Seller.  Thirty (30) days written notice is required to place scheduled releases on hold.

      B.  Shipments delayed by Purchaser will nevertheless be billed to Purchaser on date when Seller is prepared to ship.  Materials held for Purchaser are at Purchaser's sole risk and expense.

      C.  In the event this purchase order is terminated for any reason whatsoever, the Purchaser shall be liable to Seller for all costs direct or indirect including but not limited to amounts expended or committed for materials, parts and inventory, unreclaimed tool and spare costs, labor and all other costs plus a reasonable allowance for prorated expenses and anticipated profits.  Purchaser will be entitled to removal of all materials paid for in the event of termination and to a certificate of destruction for designs and tools unless the Seller specifically agrees to a removal of same by the Purchaser.

X    CREDIT - PAYMENT

    N/A

XI  TITLE

      N/A

XII  ASSIGNMENTS AND SUBCONTRACTS

          The Seller reserves the right to assign or subcontract all or any portions of the order subject to this agreement without the consent of Purchaser. 

XIII          PATENT INFRINGEMENT

          Purchaser will defend and hold harmless the Seller from any and all expense, loss, damage, or liability of any kind resulting from or related to any claims for damages from infringements of letters patent or other proprietary rights claimed by third parties, by the use or sale of parts made by Seller where same are manufactured in accordance with specifications furnished by the Purchaser.

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