TERMS AND CONDITIONS

PRICES AND DISCOUNTS.


PRICES ARE BASED ON QUANTITIES SPECIFIED, IN CASE OF CANCELLATION OR SUSPENSION OF ORDERS, FABCO WILL BE ENTITLED TO CHARGE FOR WORK DONE AND MATERIAL USED.
PRICES SHOWN ON THE DOMESTIC PRICE SHEET MUST NO BE USED AS A BASIS FOR SPECIAL WORK. ALL SPECIAL WORK WILL BE MADE ON A TIME AND MATERIAL BASIS EXCEPT WHERE WRITTEN QUOTATIONS HAVE BEEN SUBMITTED. PRICES AND SPECIFICATIONS AND ALL STATEMENTS PRICE LISTS MADE ELSEWHERE BY FABCO ARE SUBJECT TO CHANGE WITHOUT NOTICE.


CREDIT AND TERMS.


TO THOSE CONCERNS AND INDIVIDUALS WHOSE CREDIT IS SATISFACTORY. TERMS ARE 2%1ONET3ODAYS FROM DATE OF INVOICE.
FABCO MAY AT ANYTIME WHEN, IN ITS OPINION, THE FINANCIAL CONDITION OR INDIVIDUAL WARRANTS IT, EITHER ALTER OR SUSPEND CREDIT OR DISCONTINUE DELIVERIES, AND RENDER A CHARGE COVERING THE VALUE OF ANY PARTIALLY FINISHED ARTICLES BEING MANUFACTURED. IN CASES WHICH CREDIT IS NOT ESTABLISHED, AND IN CASES WHERE SATISFACTORY REFERENCES ARE NOT GIVEN, THE TERMS ARE C.O.D. OR C.I.A.


SHIPMENTS.


WHEN ORDERING, STATE CLEARLY IF SHIPMENT SHOULD BE UPS OR TRUCK FREIGHT. IF BY UPS ADVISE IF SPECIAL HANDLING IS DESIRED. WHERE INSTRUCTIONS FOR SHIPPING DO NOT APPEAR ON THE ORDER SHIPMENT WILL BE MADE ACCORDING TO OUR BEST JUDGEMENT. THE GENERAL POLICY OF FABCO IS TO SHIP COLLECT.


DELAYS.


DELAYS IN TRANSPORTATION SHALL NOT EXTEND THE TERMS OF PAYMENT. ANY SHIPPING OR DELIVERY OR INSTALLATION DATES PROVIDED FOR HEREIN SHALL BE SUBJECT TO EXTENSION BECAUSE OF ANY PRIORITY OR PREFERENCE RATING OR ORDERS ESTABLISHED BY ANY GOVERNMENT AUTHORITY CONCERNING MATERIALS, LABOR OR TRANSPORTATION WHICH AFFECT FABCO, OR ITS SUPPLIERS. FABCO SHALL NOT BE LIABLE FOR FAILURE OR DELAY IN SHIPMENT OR INSTALLATION OF THE EQUIPMENT OR MATERIALS COVERED BY THIS QUOTATION BY REASON OF SUCH PRIORITY OR PREFERENCE RATINGS OR ORDERS. FABCO SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR DELAY DUE TO TRANSPORTATION, ACCIDENTS, FIRES, STRIKES, RIOTS. CIVIL OR MILITARY AUTHORITY, INSURRECTION, EMBARGOES, OR ANY CAUSES BEYOND OUR CONTROL.


REFUSAL OF SHIPMENT.


IN CASE OF REFUSAL OR INABILITY OF CUSTOMER TO ACCEPT ANY SHIPMENT IN ACCORDANCE WITH THE TERMS OF THE ORDER, THIS CUSTOMER SHALL BE HELD LIABLE FOR FREIGHT EXPENSE, EXPENSE OF STORAGE, EXTRA COST OF HANDLING AND OTHER INCIDENTAL EXPENSE.


LOSS.


FABCO SHALL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY LOSS OF ANY NATURE OR ANY DETENTION OR DELAY CAUSED BY FIRE, STRIKES, CIVIL OR MILITARY AUTHORITY, OR BY INSURRECTION OR RIOT, OR BY STATE OF WAR OUSTING BETWEEN THIS COUNTRY AND ANOTHER, OR BY ANY OTHER CAUSE WHICH IS UNAVOIDABLE OR BEYOND OUR CONTROL.


RETURN POLICY.


ALL ITEMS RETURNED TO FABCO REQUIRE AND RGA NUMBER
(RETURN GOODS AUTHORIZATION).


CLAIMS AND REJECTED MATERIAL.


ANY PRODUCTS WHICH HAVE BEEN ALTERED OR DAMAGED ARE NOT RETURNABLE EXCEPT WITH PERMISSION IN WRITING. TO REJECT MATERIAL ON INSPECTION AS DEFECTIVE CUSTOMER MUST NOTIFY FABCO IN WRITING WITHIN 10 DAYS FROM RECEIPT OF MATERIAL.
FABCO SHALL THEN HAVE OPTION OF REINSPECTION BEFORE ALLOWING OR REJECTING CALIM. DEFECTS THAT DO NOT IMPAIR SERVICE SHALL NOT BE A CAUSE FOR REJECTION. FABCO SHALL HAVE THE PRIVILEGE OF REPLACING WITHIN A REASONABLE TIME ANY MATERIAL AGREED UPON AS NOT COMPLYING WITH THE ORDER. NO CLAIM WILL BE ALLOWED FOR MATERIAL DAMAGED BY THE CUSTOMER OR DAMAGED IN TRANSIT. EXPENSES INCURRED THE CONNECTION WITH CLAIMS FOR WHICH FABCO IS NOT LIABLE MAY BE CHARGED TO THE CUSTOMER. FABCO WILL NOT BE RESPONSIBLE FOR ANY WORK DONE TO CORRECT ERRORS UNLESS SUCH WORK IS AUTHORIZED IN WRITING BY THE COMPANY. FABCO ASSUMES NO LIABILITY FOR ANY CALIM FOR INFRIGEMENT OF ANY FOREIGN OR DOMESTIC PATENT.


CREDIT FOR RETURNED MATERIAL.


ANY MATERIAL ORDERED IN ERROR MAY UPON RECEIPT OF AUTHORIZATION FROM FABCO BE RETURNED FOR INSPECTION AND CREDIT. A 25% RESTOCKING CHARGE WILL BE MADE THE MATERIAL IS FOUND UPON INSPECTION TO BE IN PERFECT CONDITION. IF A SPECIAL MATERIAL ORDER A 60% CANCELLATION CHARGE APPLIES. FABCO WILL ISSUE A CREDIT TO YOUR ACCOUNT FOR RETURNED MATERIAL. FABCO WILL NOT ISSUE A CHECK.


GUARANTEE


PRODUCTS MANFACTURED OR SOLD BY FABCO ARE GUARANTEED ONLY AGAINST FAULTY WORKMANSHIP AND FLAWS IN MATERIAL. ANY PARTS, WHICH SHALL WITHIN 1YEAR FROM DELIVERY BE PROVED TO HAVE BEEN DEFECTIVE IN THESE RESPECTS WHEN DELIVERED, WILL BE REPLACED BY FABCO. THERE SHALL BE NO VERBAL OR IMPLIED GUARANTEE AND/OR RESPONSIBILITIES BEYOND THIS. THIS GUARANTEE IS IN PLACE OF ANY GUARANTEE OR WARRANTY WHICH WOULD BE IMPLIED BY LAW. FABCO DOES NOT GURANTEE THE FITNESS IF ITS PRODUCTS FOR ANY PARTICULAR PURPOSE. FABCO'S LIABILITY IS LIMITED TO SUCH REPLACEMENT AND IT SHALL NOT BE HELD RESPONSIBLE IN ANY FORM OF ACTION FOR DIRECT OR CONSEQUENTIAL DAMAGES TO PROPERTY OR PERSON. AS THERE IS SO WIDE A VARIETY OF CONDITIONS UNDER WHICH FABCOS PRODUCTS MAY OPERATE, ANY GREATER RESPONSIBILITY THAN HEREIN SET FORTH CANNOT BE ASSUMED UNLESS A SPECIFIC GUARANTEE HAS BEEN PREVIOUSLY MADE IN WRITING AND ONLY TO THE LIMITS OF PERFORMANCE THEREIN EXPRESSED.


CANCELLATION OF ORDERS.


ORDERS PLACED WITH FABCO AND ACCEPTED BY FABCO ARE NOT SUBJECT TO CANCELLATION EXCEPT BY FABCO'S WRITTEN AGREEMENT TO SUCH CANCELLATION.