TERMS: Net 30 days with approved credit, otherwise Cash In Advance (CIA). Pro rata payments shall become due with partial shipments. All payments shall be made without deduction, deferment, set-off, lien or counterclaim of any nature. All amounts due not paid within 30 days after the date such amounts are due and payable shall bear interest at the lesser of 1.5 percent per month or the maximum rate of interest allowed by law. We reserve the right at any time to suspend credit or to change credit terms provided herein, when, in our sole opinion, your financial condition so warrants. Open invoices, over 60 days, will be placed with an independent collection agency for further legal action. Customers with invoices placed for collection may not order from BISAN INC until past collection amounts, interest and fees have been paid in full. If collection/ legal action is necessary to enforce payment, Customer will pay any collection fees, court costs and reasonable attorney fees. NO SHIPMENTS WILL BE MADE TO ACCOUNTS WHICH ARE IN ARREARS. Failure to pay invoices when such invoices are due and payable, at our election, shall make all subsequent invoices immediately due and payable irrespective of terms. We may withhold all subsequent deliveries until the full account is settled. We shall not, in such event, be liable for delay of performance or non-performance of contract in whole or in part subsequent to such event. TAXES: Any sales taxes where applicable shall be added to the invoice total and will be paid by Customer. DROP SHIPMENTS: BISAN INC will drop ship orders for approved accounts. We will accommodate Customer’s requirements and their clients, within reason such as specific shipping labels and paperwork as long as Customer provides the paperwork required. Any special packing/ special requests that result in additional cost will be added to invoice addressed to Customer. Drop Shipments will be invoiced to Customers who in turn shall invoice their clients. FREIGHT TERMS: As negotiated and agreed. SHIPPING DATES: Every effort will be made to comply with scheduled shipping dates. However, BISAN INC is not liable for any loss or damage arising out of delay in delivery of any of its products due to causes beyond the control of the Company. Unless order items are in stock, delivery dates are estimated only. SHORTAGES: All claims for error, shortage or damage must be made within 10 days after receipt of goods. No claim for failure to receive shipment will be honoured unless BISAN INC is notified within a reasonable time after receipt of order. SHIPPING DAMAGES: For your protection, shipment should be inspected immediately upon receipt. If goods are damaged in shipment it is the responsibility of Customer to have that damage noted on the freight delivery receipt by the delivering carrier. This includes visible carton damage such as crushed comers, tears etc. If Customer believes there may be concealed damage, or any damage is visible, shipment must be inspected by the delivering carrier and an inspection report made. The carrier, not the shipper, should be charged with any loss or damage and any claim should be filed with the delivering transportation company. BISAN INC will not accept any deductions due to failure of carriers to pay legitimate claims. ORDER CANCELLATIONS: If the purchaser requests cancellation of any order, BISAN, INC shall be entitled to recover from Purchaser, in addition to the purchase price of any portion of such order already shipped or delivered, the following: RETURN OF MERCHANDISE: No material shall be returned without authorization. Please call for a Return Authorization before returning materials. No returns shall be withheld unreasonably. A 15% charge will be assessed on merchandise returned for credit to cover restocking, handling and repackaging. Returned items shall be in original or resalable condition. Scratches, dents and/or any other damages may make products unsuitable for resale and therefore non-returnable. Returns, if any, shall be made within six months of purchase date. Return freight charges to be paid by Customer. Credits will be issued only after return & inspection of the items in our warehouses. Issued credits will apply against future purchases, unless other arrangements are made with BISAN INC. PRODUCTS FOR TESTING & EVALUATION: Any products shipped for testing and evaluation are for visual inspection only. They may not be scratched, modified or altered in any manner unless Customer wishes to retain the material(s) and pay the complete invoice. All materials returned must be in resalable condition in order to receive full credit. Customer pays freight charges both ways. Materials must be returned within agreed period or the invoice becomes due and payable. PRODUCT APPROVALS, FIELD MEASUREMENTS, CHANGES IN SPECIFICATIONS & CANCELLATIONS: When quoting equivalent materials, every effort is made to quote on materials which are equal or superior to those specified. BISAN INC will provide, at no cost, technical data sheets and any other submittals required for architect/engineer/owner approval. BISAN INC cannot guarantee this approval. The limit of our responsibility is to provide the material exactly as quoted. When materials are approved as submitted, the limit of BISAN INC responsibility is to furnish material as approved. Field measurements, when required, are the responsibility of Customer and must be transmitted to BISAN INC in writing. Production will only start upon receipt of approved drawings, signed, dated and stamped “Approved” for fabrication. GUARANTEE: BISAN INC agrees that for a period of ninety (90) days from the date of purchase it will replace F.O.B. our warehouse any materials found defective. BISAN INC will invoice Customer for replacement material and will issue a credit memo for the same as soon as the defective material is returned. If the material is not returned for whatever reason Customer has to pay for the replacement material, unless other arrangement is made with BISAN INC. LIMITED WARRANTY: BISAN INC warrants only that its products shall be of merchantable quality at the time of shipment and free from defects in material, workmanship and fabrication for a period of fourteen (12) months from the date of shipment or completion of manufacture if shipment is delayed by Customer. BISAN INC’s obligations under this LIMITED WARRANTY shall be limited to replacement or repair of the product or part thereof, if deemed defective at BISAN INC’s sole discretion. Liability under this LIMITED WARRANTY shall under no circumstances exceed the purchase price of the product or part sold hereunder. In no event shall this LIMITED WARRANTY be deemed to cover any items or components not supplied by BISAN INC. This LIMITED WARRANTY applies only if and to the extent the product sold is used in accordance with all instructions as to handling, maintenance, installation, start-up and safety as prescribed by BISAN INC. No exceptions to any of the foregoing provisions are allowed unless authorized in writing and signed by an officer of BISAN INC. Failure of the Cusomter to submit any claim hereunder within fourteen (14) months after shipment shall constitute acknowledgement by Customer that the product is acceptable. BISAN INC expressly disclaims any and all warranties hereunder if the failure of any product is due to circumstances beyond the control of the BISAN INC. THE FOREGOING LIMITED WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESSED OR IMPLIED WARRANTIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PURPOSE. LIMITATION OF LIABILITY: BISAN INC shall not be liable under any circumstances for any direct, indirect, consequential, contingent or incidental damages whatsoever resulting from the failure, delay, costs of repair, improper functioning or other losses of any product sold hereunder. BISAN INC’s liability on any claim whether or not based in contract or in tort or occasioned by BISAN INC’s active or passive negligence for loss or liability arising out of or connected with its products shall be limited the value of the product sold. BISAN INC shall not be responsible for any damage resulting from improper storage or handling following shipment from BISAN INC’s warehouse. BISAN INC will not assume responsibility, expense, or liability for repairs and/or charges performed by others unless such repairs are pre-authorized by BISAN INC in writing. BISAN INC shall not be responsible for critical components furnished by others.