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Sales Terms & Conditions

By placing orders with and accepting delivery of product ordered from Technical
Equipment Sales, Inc.(TES), buyer agrees to TES’ standard terms & conditions. Any
terms contained in buyers documents are superseded by the terms & conditions listed
below.

• Orders are to be written in the name of Technical Equipment Sales, Inc.
• Signed approval drawings are required for custom product. Purchaser is advised that
  orders will not be placed for components until the drawings have been signed and
  returned to TES. Any changes to the product after signed drawings have been received
  and components ordered to assemble the final product will be subject to service charges
  or cancellation fees.
• Prices are subject to change without notice.
• Upon credit approval, payment terms shall be Net 30 days from the date of invoice. Any
  terms longer than Net 30 must be agreed to in writing.
• Any account with a past due invoice aging at 60 days past the date of invoice will be put
  on Credit Hold. Any current open orders will not be released to ship, and any new orders
  may not be processed until the account is current.
  
• Any amount past due is subject to late fees each month (18% per annum) or fraction
  thereof, or the maximum legal rate in the purchasers state of business, whichever is
  lower.
• TES reserves the right to rescind offer of net thirty (30) day terms without notice based
  upon changes to TES’ credit policies, purchaser’s financial condition and/ or payment
  history.
• In the event that TES is required to bring legal action to collect delinquent accounts,
  Purchaser agrees to pay reasonable attorneys fees and costs of suit.
• An insufficient funds fee will be added to all invoices in the case of a returned check.
• A non-negotiable bank wire transfer fee in the amount of $30 will be added to each
  invoice and/or payment, whichever is less.
• All orders for standard product are subject to a cancellation and/or restocking fee.
• Orders for custom product cannot be canceled.
• Orders for custom product cannot be delayed past the factory stated estimated ship date
  or rescheduled without written permission from TES.

• Orders that are approved in writing for reschedule may be subject to a service or storage
  fee if pushed out more than 30 days from original estimated dock date. If pushed out
  more than 30 days, available product may be “shipped in place”. “Shipped in place”
  refers to the product staying with the manufacturer but invoiced to the customer. Product
  invoiced as being “shipped in place” is due and payable in standard Net 30 day terms.
• F.O.B. is Shipping Point. Purchaser accepts responsibility for product once it leaves the
  shipping dock regardless of whether the product is shipped on the customers’ or TES’
  shipping account.
• SHIPPING COLLECT ON THE CUSTOMER ACCOUNT:
  • Freight claims must be initiated by the Customer.
  • Shipments are insured unless otherwise instructed.
  • Customer assumes any and all liability for any damages incurred.
• SHIPPING PREPAID AND ADD:
  
• Shipping & Handling charges to be added to the invoice.
  
• Any visibly damaged packages must be signed for as “damaged”, and TES must
  
• be notified within 24 hours of receiving damaged product.
  
• Any hidden damages must be reported within 5 days of the date of receipt.
  
• ALL shipments using a TES account will be insured.

• Any attempt to alter product that results in damage whether intentional or accidental
  voids all warranties.
• TES is not responsible for any reparation to the purchaser for late orders.
• All lead times are approximate, and subject to change without notice. Lead times will
  be increased due to holidays, maintenance shut downs and/or any other unforeseen
  circumstances.
  
• All ship dates are estimated. Component shortages, test failures, and freight damage of
  components needed to build final product may affect estimated ship date.
• Any delay in shipment will be communicated to the Buyer upon notification from our
  vendors to the best of our ability.
  
• Buyer’s exclusive remedy and TES’s only liability shall be replacement or repair of goods
  or credit of the purchase price paid by Buyer, whichever such remedy TES shall elect. If
  TES elects to repay the purchase price, Buyer must return the goods to TES. In no event
  shall TES be liable for incidental, consequential or exemplary damages or attorneys’
  fees. TES’s obligation hereunder is subject to receipt of written notice of defect from
  Customer within ten (10) calendar days from the date of initial shipment.
• TES makes no warranties, express or implied, and specifically disclaims and excludes
  any and all warranties of merchantability and fitness for a particular purpose. There
  are no representations or warranties except provided in writing signed by an authorized
  officer of TES.

• These Terms and Conditions shall be deemed binding on by or by its submission of a
  purchase order or similar document to TES. These Terms and Conditions can only be
  modified if in writing and signed by an authorized officer of TES. If Buyer submits a form
  with contrary Terms or Conditions, such order shall be considered as confirmation only
  and shall in no way amend, prevail over, supplement or supersede any provision herein.

All orders are subject to the Terms and Conditions listed above.
These terms and conditions are subject to change without prior notice.

44242 Fremont Blvd. Fremont, CA 94538 | Phone 510-656-5333 | Fax 510-656-5335 | www.tesinc.com