Warranty STANDARD TERMS OF SALE 1. Acceptance of Orders. All purchase orders for merchandise must clearly state the name and address of the Purchaser, shipping instructions, delivery dates and all conditions with which Seller is expected to comply if different from or in addition to those set forth herein. The Seller shall accept the order by issuing a written acknowledgment thereof. The terms set forth in Seller’s proposal and acknowledgment shall constitute all of the terms of the contract. 2. Prices. All prices are FOB. point of shipment. Such price does not include sales, use, excise or similar taxes which may be applicable to the sale or use of the equipment. The cost of all taxes shall be borne by the Purchaser. The prices quoted herein are firm for 60 days. 3. Terms of Payment. Terms of payment are net thirty days from date of invoice, unless otherwise specified. Invoices unpaid at the end of thirty days may be assessed a late penalty commensurate with current economic and trade practices. Multipress reserves the right to stop production and shipments and to recall material from customers due to non-payment of invoices or if for any reason it has doubts as to the Buyer’s financial responsibility. 4. Delivery. The delivery date shall be set forth on the confirming sales order. Seller shall have no liability for loss or damage resulting from a delay in scheduled delivery caused by war, riots, strikes, labor disputes, fires, accidents, material disasters, delays in receipt of parts or materials from suppliers or subcontractors, design or engineering problems relating to the purchase order or any circumstances beyond Seller’s control. Seller shall have no liability for indirect or consequential damages due to delay in scheduled delivery. 5. Cancellation. Following acceptance by Seller, the purchase order may not be cancelled by Purchaser without the prior written consent of Seller. The purchase order may be cancelled by Seller at any time if (a) the terms governing the contract are not strictly complied with by Purchaser, (b) the Purchaser becomes insolvent or makes an assignment for the benefit of creditors, (c) a petition in bankruptcy or insolvency is filed by or against the Purchaser, or (d) amounts due to the Seller by the Purchaser are unpaid. Upon cancellation of the purchase order, Purchaser shall be obligated to pay to Seller: (a) The contract price for all products that can be completed and shipped within 30 days of the date of cancellation and all special tooling for which definite commitments have been made by Seller under the purchase order; and (b) Seller’s costs and overhead expenses for work in process which cannot be completed within 30 days. 6. Title. Delivery of items to the carrier designated by Purchaser in the purchase order shall transfer title, ownership and possession to such items at the point of delivery. Thereafter, such carrier shall be deemed to be acting for the Purchaser and the items shall be held at Purchaser’s risk. Nothing herein shall be construed as limiting Seller’s right to stop the goods in transit and repossess same, if payment of the purchase price, as required under the contract, has not been made to Seller. 7. Warranty. Subject to the terms set forth below, any product or part thereof covered by this proposal which proves defective in engineering, material or workmanship within 1 year from the date of shipment from Seller’s plant will be replaced by Seller, F.O.B. Seller’s factory; provided that Purchaser sends Seller prompt notice of the defect. The terms of this warranty do not extend to (1) any product or part which has been manufactured using engineering specifications or data submitted by Purchaser, or (2) damage or loss to any product or part resulting from normal wear and tear, improper maintenance, failure to observe operating instructions, excessive loading, use of unsuitable media, the influence of chemical or electrolytic action or improper building or erection work not undertaken by Seller, or (3) any product or part covered by this proposal which has a life under normal usage shorter than the 1 year period indicated above. Clutches, bearings, motors, pumps, tape readers, power supplies, software materials, electronic devices and similar purchased items are warranted only to the extent that they are warranted by the manufacturers thereof. Expendable items such as bulbs, filters, fuses, inserts and the like are excluded from all warranties. Repair or replacement parts furnished by Seller which prove defective in material or workmanship within ninety (90) days from the date of shipment of Seller’s factory will be replaced by Seller, FOB. Seller’s factory; provided that Purchaser sends Seller prompt notice of the defect and establishes that the part has been properly installed, maintained and operated. Parts furnished for the machine during the 1 year machine warranty period will be replaced for a period within ninety (90) days from the date of shipment or until expiration of the machine warranty, whichever is later. Seller shall have no liability for loss of use, downtime or any indirect or consequential damages arising from breach of its warranty or nondelivery of merchandise. This warranty is limited to the first purchaser, is not transferable, and further does not apply to used, rebuilt, or factory reconditioned presses. 8. Limitation on Warranty. EXCEPT FOR THE WARRANTY SET OUT ABOVE, SELLER MAKES NO WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY EXPRESS OR IMPLIED AS TO MERCHANDISE SOLD THE PURCHASER. The Purchaser acknowledges and represents that no employee, agent or representative of Seller has made any warranty or representation regarding the merchandise except as set forth in paragraph 7 hereof. Seller’s sole obligation under its warranty is to repair the machinery or furnish repair or replacement parts as required under paragraph 7 hereof. Except for direct costs associated with the repair or replacement of such part, Seller shall bear no other costs, including without limitation, the costs of shipping or installation. 9. Returned Merchandise. Goods shall not be returned to Seller without first obtaining the written permission of Seller and, unless otherwise expressly agreed, an order for equivalent value must accompany returned merchandise. The Purchaser shall pay all transportation charges for returned merchandise and shall bear the risk of loss or damage to goods while in transit. 10. Electrical Equipment. Electrical equipment supplied by Seller will be the make available in Seller’s stock unless Purchaser and Seller agree otherwise. Such equipment not supplied by Seller shall be purchased in accordance with Seller’s detailed specifications and shall be mounted and wired at Seller’s factory at Purchaser’s expense. 11. Use of Merchandise. It is Purchaser’s responsibility to provide all proper devices, tools and means which may be necessary to protect against damage to property or injury to person arising from the installation, operation or repairs of the merchandise subject to the purchase order. Purchaser shall indemnify and hold Seller harmless from and against any and all liabilities, claims, expenses and costs based upon damage to property or injury to or death of any person arising out of or in any way connected with the installation, operation or repairs of such machinery. 12. Purchaser’s Use and Occupational Safety and Health Act (OSHA). It is the purchaser’s or user’s responsibility to provide all proper devices, tools and means that may be necessary to effectively protect all personnel from serious bodily injury which otherwise may result from the method of particular use, operation, set-up, or service of the Seller’s product. The operator’s manual or machine manual, ANSI Safety Standards, OSHA regulations and other sources should be consulted to implement the above.