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Conditions of Sale

  1. This order is not subject to cancellation as whole or in part, and is not subject to change without approval of the Seller. At Seller's option, changes or cancellations may be made without extra charge on items on which work has not begun. Cancellation of any items on which work has begun will be accepted only upon payment of reasonable charges, taking into account expenses already incurred, and commitments already made by Seller. Customer may request changes (“Change Request”) to a Sales Order Confirmation issued by Kingbright, but Kingbright shall have no obligation to accept, in whole or in part, any such Change Request. In the event Kingbright accepts the Change Request, in whole or in part, Kingbright will issue and deliver a revised Sales Order Confirmation (“SOC”) to Customer with the changes acceptable to Kingbright and Customer accepts such delivery of the revised SOC without Customer’s signature or further confirmation.

  2. Irrespective of any prices quoted by Seller or listed on Purchaser's order, an order is accepted only at the prices shown on Seller's Sales Confirmation.

  3. Unless otherwise specified, all prices are quoted, all orders accepted, and all billings rendered exclusive of all federal, state and local excise, sales and similar taxes. Such taxes, when applicable, will appear on separate additional items on the invoice unless Seller receives a properly executed exemption certificate from Purchaser prior to shipment.

  4. Standard payment terms are prepaid, unless otherwise specified and shown on the copy of Sales Confirmation. Invoice shall be sent via mail, telefax, electronic data exchange (EDI), and/or e-billing via e-mail. Buyer shall be responsible to maintain the account current in accordance with the credit limits set forth by Seller.

  5. Any shipping dates provided by seller are estimated only and not guaranteed. Seller shall not be liable for any delays in manufacturing, shipping or delivering material caused by accident, failure of transportation facilities, fires, explosions, floods, earthquake or other casualty, riots, strikes, lockouts, differences with workmen, war, insurrection, governmental laws or regulations, or any contingencies beyond Seller's control.

  6. Shipment of all products shall be F.O.B. point of origin as determined by Seller. All risk of loss shall pass to Buyer upon tender to common carrier, Buyer or Buyer’s agent, employee, or contractor or other point so designated by Seller.

  7. No statutory or implied warranties apply, other than the warranty of title. In no event shall Seller be liable for any loss of use, revenues, or anticipatory profit, or for any direct, indirect or consequential damages arising out of sale, use, operation of the goods purchased by Buyer. Buyer’s sole and exclusive remedy against Seller are replacement of goods or refund of purchase price as determined by Seller, and in no event shall Seller’s liability exceed the amount of the defective or non-conforming goods sold by Seller.

  8. To the extent that the goods sold by Seller to Buyer are integrated by Buyer or its agents into any products or device, Seller shall not be liable for any claims brought by third parties, including claims for patent infringements, with respect to any such products or devices

  9. Claims for shortage must be made within 15 days from invoice date. Claims for defective material must be made within 30 days from invoice date. No returns, of any type, will be accepted without a Return Merchandise Authorization (RMA) number. Schedule changes shall not be accepted within 30 days of scheduled delivery date. Cancellations shall not be accepted within 60 days of original scheduled delivery date.

  10. It is understood and agreed that the terms, conditions or warranties of sale contained herein shall take precedence over any terms or conditions which may form a part of Purchaser's order or appear on Purchaser's standard form, and Seller shall not be bound by Purchaser's terms and conditions unless expressly agreed to in writing.

  11. If, in Seller's judgment, the financial condition of the Buyer, at any time during the manufacturing period or at the time the merchandise is ready for shipment, does not justify continuance of the work or shipment of the merchandise, Seller may, at its option, require full or partial payment in advance or may cancel an order or any part thereof.

  12. Signed Sales Confirmation needs to be returned within 10 working days from Sales Confirmation date. Otherwise, Sales Confirmation is in effect from date of issuance.