
Purge Solutions, Inc. Standard Terms and Conditions of Sale
The product, equipment, software, material and / or services (collectively the “Product”), which are described in our quotation, purchase order
acknowledgment, packing list and / or invoice hereof shall be sold by Purge Solutions, Inc. only upon the following Standard Terms and
Conditions of Sale:
1. CONTRACT TERMS AND ACCEPTANCE OF PURCHASE ORDER: These Standard Terms and Conditions of Sale (the “Contract”) are the only
terms and conditions applicable to the sale of the Products, which are based on qualification and completion of the following: a) Acceptance of
any Purchase Order is subject to credit approval by Purge Solutions, Inc. b) Acceptance of completed Purge Solutions, Inc. Customer
Information Form. c) Final acceptance of Purchase Order will be Purchase Order Acknowledgment being forwarded to Buyer (Only until
Purchase Order Acknowledgment has been forwarded to Buyer has purchase order been accepted and sent to manufacturing for processing.)
2. QUOTATION PRICES: Quoted prices are valid for thirty (30) days of quotation date and are exclusive of any applicable taxes, shipping
charges and / or any other miscellaneous charges not specified in quote. Prices are subject to change without notice. Any change in
quantities, partial release and / or destination may incur a price adjustment.
3. PAYMENT TERMS: Purchase Orders inside the Continental United States; are subject to the approval of Purge Solutions, Inc. Credit
Department and unless otherwise agreed in writing, terms of payment are NET thirty (30) days following the date of invoice. Purchase
orders outside the continental United States, will be shipped upon receipt of full payment and all costing in US dollars. When the purchase
order has been acknowledged, an invoice will be provided. When full payment has been received, including shipping and handling charges,
purchase order will be shipped. Purge Solutions, Inc. accepts Visa, MasterCard, Discover and American Express as well as banking
transfers. Banking transfer fees are not shared and if banking transfer fees are incorrect; purchase orders will not be shipped. If any Buyer
fails to comply with these terms and conditions or sale or if Buyer’s credit becomes unsatisfactory to Purge Solutions, Inc., Purge Solutions,
Inc. reserves the right to terminate the purchase order without liability to Purge Solutions, Inc. and all future purchase orders of Buyer will be
COD or credit card terms before shipping. If a company has an outstanding invoice that is five (5) days past the due date, open purchase
orders are subject to being held until such time as the past due status has been brought current.
4. DELIVERY DATES: Quoted delivery dates are approximate estimates determined at the time of quotation and are subject to revisions due
to variations in order processing and new purchase orders in manufacturing queue since quoting. Purge Solutions, Inc. assumes no liability
for losses arising from inaccurate lead time estimates and is able to make partial shipments against this Contract. The Buyer shall not hold
Purge Solutions, Inc. responsible for any delay or damages suffered by the Buyer by reason of any delay due to fires, strikes, riots, Acts of
God, priorities, Government orders or restrictions, delays by suppliers or materials or parts, inability to obtain suitable and sufficient labor and
/ or any other unavoidable contingencies beyond the control of Purge Solutions, Inc. In no case shall Purge Solutions, Inc. be liable for any
consequential or special damages arising from any delay in delivery. In the event of such delay, the shipping date shall be extended for a
period equal to the time lost by reason of such delay.
5. CANCELLATIONS: Only prior to shipping of Product may Buyer terminate purchase order providing the following: a) Purge Solutions, Inc. is
given reasonable notice. b) Purge Solutions, Inc. is compensated for all costs, expenses incurred or committed and for any losses resulting.
Once a purchase order has been shipped, all sales are final.
6. CLAIMS, DAMAGE OR LOSS IN TRANSIT: Delivery of Product to carrier from Purge Solutions, Inc. facility or other shipping point shall
constitute delivery. Buyer shall bear the risk of loss for damage to or loss of Product from the time Purge Solutions, Inc. delivers Product to
carrier, Buyer or Buyer agent. Any claims for damage or loss, which has passed to the Buyer shall be filed with the carrier. Buyer shall give
written notice to Purge Solutions, Inc. of any claim for shortage or error in Product shipped within five (5) days of receipt of Product.
7. WARRENTY AND LIMITATION OF LIABILITY: Purge Solutions, Inc. Products are warranted free from defects in material and workmanship
at the time of shipment for one year thereafter (One year from date of shipping.). Any claimed defects with Purge Solutions, Inc. Products
must be reported within the warranty period and warranty subject to inspection by Purge Solutions, Inc. All warranty inspections are to be
performed at Purge Solutions, Inc. facility. Buyer shall ship with shipping charges paid by the Buyer to Purge Solutions, Inc. facility. After
inspection by Purge Solutions, Inc. a quotation of proposed work required will be sent to the Buyer. Purge Solutions, Inc. shall be liable only
to replace or repair, at its option, free of charge, Products which are found by Purge Solutions, Inc. to be defective in material or
workmanship, and which are reported to Purge Solutions, Inc. within the warranty period as provide previously. This right of replacement
shall be Buyer’s exclusive remedy against Purge Solutions, Inc. Shipment of repaired or replaced products from Purge Solutions, Inc. facility
shall be ex-works or FOB Purge Solutions, Inc. facility. Purge Solutions, Inc. shall not be liable for labor charges or other losses or damages
of any kind or description, including but not limited to, incidental, special or consequential damages caused by defective Products. This
warranty shall be void if product specifications provided by Purge Solutions, Inc. are not followed concerning methods of installation,
operation, usage, storage or exposure to harsh conditions (including, but not limited to, temperature and humidity levels outside the approved
ranges). Products furnished by Purge Solutions, Inc. by other suppliers shall carry no warranty except that supplier’s warranties as to
materials and workmanship. Purge Solutions, Inc. disclaims all warranties, expressed or implied, with respect to such Products. The
express warranties set forth herein constitute the only warranties with respect to the products sold in connection herewith. Purge Solutions,
Inc. makes no representation or warranty of any kind, express or implied (either in fact or by operation of law), with respect to the Products,
whether as to their merchantability, fitness for a particular purpose or otherwise. No employee, agent or representative of Purge Solutions,
Inc. has any authority to bind Purge Solutions, Inc. to any oral or written representation or warranty concerning the Products over and above
that stated herein, except by written amendment signed by Purge Solutions, Inc. and Buyer.
8. RETURNS: Subject to the terms of this Contract regarding CANCELLATION and WARRANTY, All sales are final. Buyer may request a
warranty return by contacting Purge Solutions, Inc. and requesting a Return Merchandise Authorization Number. No Product will be
accepted for return without a valid Return Merchandise Authorization form and clearly noted on the outside of the shipment. Any return
shipment must be made by prepaid freight unless Purge Solutions, Inc. has expressly authorized Buyer in writing to ship such Product to
Purge Solutions, Inc. at Purge Solutions, Inc. expense. Any returns of Product authorized by Purge Solutions, Inc. under certain
circumstances are subject to a standard restocking charge of 25% of the purchase order’s invoice. Non-stock Products are subject to higher
restocking charges, if return privileges are extended.
9. SERVICES: Services rendered by Purge Solutions, Inc. whether with or without charge, are only advisory in nature and are only merely
incidental to the sales of the Product. When any such services are rendered, Buyer will retain full responsibility for and full control, custody
and supervision of the Product, its installation, selection thereof and a representative of Buyer shall be present with full authority to direct
operations.
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