INEQCO INTL LLC, Terms and Conditions of Sale. Product(s) have been sold to the Buyer on these Terms and Conditions of Sale.
Acceptance: Buyer’s action in acceptance of all of the Terms and Conditions set forth by INEQCO INTL LLC, hereafter referred to as Ineqco. If any of
the Buyer’s terms are in conflict with these Terms and Conditions of Sale, the terms of Ineqco shall govern, unless buyer’s terms are accepted in
writing by Ineqco. No verbal agreement or understanding shall in any way modify the Terms and Conditions of sale.
DELIVERY: Unless otherwise specified in writing by Ineqco, all prices are F.O.B. manufacturers warehouse: Transportation will be by method, route
and carrier selected by Ineqco. All freight charges will be responsibility of the buyer. Ineqco cannot assume responsibility for collecting any taxes other
than New Jersey State tax. Buyer shall bear (or shall reimburse Ineqco) for all taxes and/or excises or other government charges or levies, Ineqco shall
not be liable for delay in or failure of delivery where delivery has been made impossible or impractical by the occurrence of a contingency such as war,
intervening government regulations, civil commotion, riot, disorder, strike or other labor stoppage or difficulty, fire, flood, storm, accident, production
failure, raw material shortage, transportation failure or act of God. In any event, Ineqco may, at its sole discretion allocate products among buyers.
Ineqco’s count of goods shipped shall govern except in case of proven error.
DAMAGED MERCHANDISE: Our responsibility for shipment ceases with acceptance by carriers. If any goods called for on the Bill of Lading are short
or damaged, do not accept them until the freight agent makes a damage notation on your freight bill. Tho roughly inspect the shipment as soon as
received - if any concealed loss or damage is discovered, notify freight agent at once and request an inspection. This is absolutely necessary. Unless
you do this, the transportation company will not entertain any claim for loss or damage. If agent will not make an inspection, then you should make an
affidavit that you notified him (on a certain date) and he failed to do so. This, with other shipping papers, will properly support your claim.
CLAIMS PROCEDURES: In no event shall Ineqco be liable on any claim unless written notice of the claim, sent certified mail, return receipt requested,
is received by Ineqco within thirty (30) days after delivery. Failure of Buyer to assert claim within such time shall be deemed a w aiver by the buyer of all
claims with respect to such products. Buyer shall have the right to reject non- conforming products or to make claim for monetary adjustment, or at
Ineqco’s option, to return non-conforming goods and disputed products to Ineqco but , (1) in no event shall any claim of any kind be greater than the
purchase price of the product in respect of which damages are claimed, and (2) in no event may any product be returned to Ineqco without Ineqco ’s
prior written consent. Buyer shall afford Ineqco prompt and reasonable opportunity to inspect all material as to which any claim is made. No claim shall
be allowed after the product has been processed in any manner.
PAYMENTS: Terms are 50% deposit with order balance prior to or on delivery unless pr evious credit terms are arranged. Interest shall be charged at
the rate of 1.75% per month, or maximum allowed by law, whichever is greater, from the due date on all past due accounts. If, in the judgment of
Ineqco, the financial credit of the Buyer at any time does not justify continuance of production or shipment of the product based on payment terms
herein specified, Ineqco may require full or partial payment prior to completion or shipment.
INDEMNITY: In addition to each and every item and condition herein which refers to some type of indemnity requirement of Buyer in favor of Ineqco ,
Buyer shall exculpate, defend indemnity and hold harmless Ineqco for all losses, damages or liabilities resulting. Ineqco warrants to the original
purchaser that its equipment will be free from defects in the material and/or workmanship for the period of one (1) year from the date of original invoice,
provided the equipment is reported installed on a registration card and returned to Ineqco. The purchaser is responsible for, having the equipment
properly installed, operated under normal conditions with proper supervision and the performance of periodic preventive maintenance. Ineqco ’s
obligation under this warranty shall be replacement or repair of defective parts within the warranty period. After thorough examination, the decision of
Ineqco’s service department shall be final. Any defective parts to be repaired or replaced must be returned to Ineqco within thirty (30) days of
installation of the replacement part, transportation charges are to be prepaid, and the parts must be properly packaged and tagged. The serial number
and model number of the equipment, and the date of original installation must be given. We will not however, assume any responsibility for any
expenses (including labor) incurred in the field incidental to the repair or replacement of equipment covered by this warranty. Our obligation
thereunder to repair or replace a defective part is the exclusive remedy for breach of this warranty; and we will not be li able for any damages or claims,
including consequential damages. No representative, dealer, distributor or any person is authorized or permitted to make any other warranty or
obligate Ineqco to any liability not strictly in accordance with this policy. Al l equipment manufactured by others, but included as part of this contract, will
be subject to standard warranty as issued by the original manufacturer thereof and is not warranted by Seller.
PAST DUE ACCOUNTS: May be subject to a service charge of 1.75% per month (21% annual).
COLLECTION COSTS: Customer will be liable for any collection costs including reasonable attorney’s fees and court fees.
WAIVER: Waiver by Ineqco or Buyer of a breach of any condition shall not be constructed as waiver of that or any other condition.
GOVERNING LAW: The purchaser shall be construed in accordance with and governed for all purposes by the laws and public policy of the State of
New Jersey, where Ineqco is incorporated, applicable to contracts executed and to be performed wholly within such state.
ENTIRE AGREEMENT: Ineqco’s invoice contains the entire agreement of the parties with respect to the purchaser covered by the Terms and
Conditions and supersedes all prior agreements and understandings between the parties with respe ct of such purchase; and may not be amended,
supplemented, canceled or discharged without prior written notice sent certified, return receipt requested, by party affected.
TITLE AND RIGHT OF POSSESSION: The title and right of possession of the product specified shall remain with Ineqco until all payments have been
fully made in cash to Ineqco at its office in Lakewood, New Jersey. It is understood and agreed that the above product shall remain in Ineqco ’s
personal property whatever the mode of its attachment is to realty or otherwise fully paid for in cash. An express Material- man’s and Mechanic’s lien
hereby conveyed and granted to Ineqco upon the building of real property in which the above described personal property is to be erected for the
purpose of any one remedy by Ineqco shall not be to the exclusion of any other remedy, but all rights and remedies of Ineqco are expressly retained,
and are cumulative of each other.
In the event Ineqco is compelled to bring action in court against Buyer to enforce any of the provisions of this agreement, Buyer agrees to pay Ineqco ’s
reasonable and customary attorney fees and court costs in addition to all other sums due to Ineqco.
CHANGES OR CANCELLATIONS: Changes or cancellations without liability of this proposal af ter acceptance by the Buyer can be made only with
Ineqco’s agreement in writing. In the event of cancellation or suspension of manufacture of product at the buyer’s request the Buyer agrees as a
cancellation charge to reimburse Ineqco promptly for all expenditures for materials used or appropriated, labor and engineering service, a proportionate
share of indirect manufacturing, engineering, selling and general and administration expenses incurred in connection with such manufacture so far as it
has been completed, and contemplated normal profit on this proposal in accordance with invoice to be rendered by Ineqco . In the event of change of
specifications at the Buyer’s request, the Buyer agrees to reimburse Ineqco for all services, labor or material discarded because of such changes. In
addition, the Buyer also agrees to reimburse Ineqco for extraordinary costs and other expenses attributable to such changes, suspension or
cancellation.
RESTOCKING CHARGES: Upon cancellation of an order, after shipment, before uncrating, Buyer is liable for a restocking fee of not more than twenty five
percent (25%) provided; (i) written permission to return product is obtained; (ii) equipment is returned to the warehouse within thirty (30) days from
date of shipment ; (iii) initial delivery and return transportation charges have been paid by Buyer in full.
ASSIGNMENT: Neither Ineqco or Buyer have the right or interest in Ineqco’s quotation or any resulting contract unless such an agreement in
connection with the transfer of all or substantially of the assignor’s business.
OWNERSHIP: The specifications, drawings, manufacturing data and other information transmitted between Ineqco and Buyer in connection with
Ineqco’s quotation and any resulting sale are property of the original party, and are disclosed in confidence on the condition that they are not to be
reproduced, copied or used for any purpose detrimental to the interest of the other.
SPECIAL ORDERS: All equipment manufactured upon Buyer’s written order shall be invoiced at the time of the equipment’s arrival at Ineqco ’s
warehouse. Special orders are not subject to cancellation.
Acceptance: Buyer’s action in acceptance of all of the Terms and Conditions set forth by INEQCO INTL LLC, hereafter referred to as Ineqco. If any of
the Buyer’s terms are in conflict with these Terms and Conditions of Sale, the terms of Ineqco shall govern, unless buyer’s terms are accepted in
writing by Ineqco. No verbal agreement or understanding shall in any way modify the Terms and Conditions of sale.
DELIVERY: Unless otherwise specified in writing by Ineqco, all prices are F.O.B. manufacturers warehouse: Transportation will be by method, route
and carrier selected by Ineqco. All freight charges will be responsibility of the buyer. Ineqco cannot assume responsibility for collecting any taxes other
than New Jersey State tax. Buyer shall bear (or shall reimburse Ineqco) for all taxes and/or excises or other government charges or levies, Ineqco shall
not be liable for delay in or failure of delivery where delivery has been made impossible or impractical by the occurrence of a contingency such as war,
intervening government regulations, civil commotion, riot, disorder, strike or other labor stoppage or difficulty, fire, flood, storm, accident, production
failure, raw material shortage, transportation failure or act of God. In any event, Ineqco may, at its sole discretion allocate products among buyers.
Ineqco’s count of goods shipped shall govern except in case of proven error.
DAMAGED MERCHANDISE: Our responsibility for shipment ceases with acceptance by carriers. If any goods called for on the Bill of Lading are short
or damaged, do not accept them until the freight agent makes a damage notation on your freight bill. Tho roughly inspect the shipment as soon as
received - if any concealed loss or damage is discovered, notify freight agent at once and request an inspection. This is absolutely necessary. Unless
you do this, the transportation company will not entertain any claim for loss or damage. If agent will not make an inspection, then you should make an
affidavit that you notified him (on a certain date) and he failed to do so. This, with other shipping papers, will properly support your claim.
CLAIMS PROCEDURES: In no event shall Ineqco be liable on any claim unless written notice of the claim, sent certified mail, return receipt requested,
is received by Ineqco within thirty (30) days after delivery. Failure of Buyer to assert claim within such time shall be deemed a w aiver by the buyer of all
claims with respect to such products. Buyer shall have the right to reject non- conforming products or to make claim for monetary adjustment, or at
Ineqco’s option, to return non-conforming goods and disputed products to Ineqco but , (1) in no event shall any claim of any kind be greater than the
purchase price of the product in respect of which damages are claimed, and (2) in no event may any product be returned to Ineqco without Ineqco ’s
prior written consent. Buyer shall afford Ineqco prompt and reasonable opportunity to inspect all material as to which any claim is made. No claim shall
be allowed after the product has been processed in any manner.
PAYMENTS: Terms are 50% deposit with order balance prior to or on delivery unless pr evious credit terms are arranged. Interest shall be charged at
the rate of 1.75% per month, or maximum allowed by law, whichever is greater, from the due date on all past due accounts. If, in the judgment of
Ineqco, the financial credit of the Buyer at any time does not justify continuance of production or shipment of the product based on payment terms
herein specified, Ineqco may require full or partial payment prior to completion or shipment.
INDEMNITY: In addition to each and every item and condition herein which refers to some type of indemnity requirement of Buyer in favor of Ineqco ,
Buyer shall exculpate, defend indemnity and hold harmless Ineqco for all losses, damages or liabilities resulting. Ineqco warrants to the original
purchaser that its equipment will be free from defects in the material and/or workmanship for the period of one (1) year from the date of original invoice,
provided the equipment is reported installed on a registration card and returned to Ineqco. The purchaser is responsible for, having the equipment
properly installed, operated under normal conditions with proper supervision and the performance of periodic preventive maintenance. Ineqco ’s
obligation under this warranty shall be replacement or repair of defective parts within the warranty period. After thorough examination, the decision of
Ineqco’s service department shall be final. Any defective parts to be repaired or replaced must be returned to Ineqco within thirty (30) days of
installation of the replacement part, transportation charges are to be prepaid, and the parts must be properly packaged and tagged. The serial number
and model number of the equipment, and the date of original installation must be given. We will not however, assume any responsibility for any
expenses (including labor) incurred in the field incidental to the repair or replacement of equipment covered by this warranty. Our obligation
thereunder to repair or replace a defective part is the exclusive remedy for breach of this warranty; and we will not be li able for any damages or claims,
including consequential damages. No representative, dealer, distributor or any person is authorized or permitted to make any other warranty or
obligate Ineqco to any liability not strictly in accordance with this policy. Al l equipment manufactured by others, but included as part of this contract, will
be subject to standard warranty as issued by the original manufacturer thereof and is not warranted by Seller.
PAST DUE ACCOUNTS: May be subject to a service charge of 1.75% per month (21% annual).
COLLECTION COSTS: Customer will be liable for any collection costs including reasonable attorney’s fees and court fees.
WAIVER: Waiver by Ineqco or Buyer of a breach of any condition shall not be constructed as waiver of that or any other condition.
GOVERNING LAW: The purchaser shall be construed in accordance with and governed for all purposes by the laws and public policy of the State of
New Jersey, where Ineqco is incorporated, applicable to contracts executed and to be performed wholly within such state.
ENTIRE AGREEMENT: Ineqco’s invoice contains the entire agreement of the parties with respect to the purchaser covered by the Terms and
Conditions and supersedes all prior agreements and understandings between the parties with respe ct of such purchase; and may not be amended,
supplemented, canceled or discharged without prior written notice sent certified, return receipt requested, by party affected.
TITLE AND RIGHT OF POSSESSION: The title and right of possession of the product specified shall remain with Ineqco until all payments have been
fully made in cash to Ineqco at its office in Lakewood, New Jersey. It is understood and agreed that the above product shall remain in Ineqco ’s
personal property whatever the mode of its attachment is to realty or otherwise fully paid for in cash. An express Material- man’s and Mechanic’s lien
hereby conveyed and granted to Ineqco upon the building of real property in which the above described personal property is to be erected for the
purpose of any one remedy by Ineqco shall not be to the exclusion of any other remedy, but all rights and remedies of Ineqco are expressly retained,
and are cumulative of each other.
In the event Ineqco is compelled to bring action in court against Buyer to enforce any of the provisions of this agreement, Buyer agrees to pay Ineqco ’s
reasonable and customary attorney fees and court costs in addition to all other sums due to Ineqco.
CHANGES OR CANCELLATIONS: Changes or cancellations without liability of this proposal af ter acceptance by the Buyer can be made only with
Ineqco’s agreement in writing. In the event of cancellation or suspension of manufacture of product at the buyer’s request the Buyer agrees as a
cancellation charge to reimburse Ineqco promptly for all expenditures for materials used or appropriated, labor and engineering service, a proportionate
share of indirect manufacturing, engineering, selling and general and administration expenses incurred in connection with such manufacture so far as it
has been completed, and contemplated normal profit on this proposal in accordance with invoice to be rendered by Ineqco . In the event of change of
specifications at the Buyer’s request, the Buyer agrees to reimburse Ineqco for all services, labor or material discarded because of such changes. In
addition, the Buyer also agrees to reimburse Ineqco for extraordinary costs and other expenses attributable to such changes, suspension or
cancellation.
RESTOCKING CHARGES: Upon cancellation of an order, after shipment, before uncrating, Buyer is liable for a restocking fee of not more than twenty five
percent (25%) provided; (i) written permission to return product is obtained; (ii) equipment is returned to the warehouse within thirty (30) days from
date of shipment ; (iii) initial delivery and return transportation charges have been paid by Buyer in full.
ASSIGNMENT: Neither Ineqco or Buyer have the right or interest in Ineqco’s quotation or any resulting contract unless such an agreement in
connection with the transfer of all or substantially of the assignor’s business.
OWNERSHIP: The specifications, drawings, manufacturing data and other information transmitted between Ineqco and Buyer in connection with
Ineqco’s quotation and any resulting sale are property of the original party, and are disclosed in confidence on the condition that they are not to be
reproduced, copied or used for any purpose detrimental to the interest of the other.
SPECIAL ORDERS: All equipment manufactured upon Buyer’s written order shall be invoiced at the time of the equipment’s arrival at Ineqco ’s
warehouse. Special orders are not subject to cancellation.