ACCEPTANCE OF ORDERS:

THE ACCEPTANCE OF ALL ORDERS AND ALL SALES BY THE SELLER ARE MADE SUBJECT TO AND CONTINGENT UPON THESE TERMS AND CONDITIONS. ANY OF BUYER’S TERMS AND CONDITIONS WHICH ARE DIFFERENT FROM OR IN ADDITION TO THOSE CONTAINED HEREIN ARE HEREBY OBJECTED TO AND SHALL BE OF NO EFFECT UNLESS SPECIFICALLY AGREED TO IN WRITING.

TAXES:

All prices are exclusive of all present or future federal, state or local excise, sales, use and similar taxes. Buyer shall pay these taxes or Buyer shall provide Seller with a tax exemption certificate acceptable to the taxing authorities.PAYMENT: Krohn-Hite Corporation standard terms of payment are net thirty (30) days from the date of invoice unless otherwise specified in writing by Seller. Seller may invoice each shipment separately and each shipment shall be considered a separate and individual contract. Buyer agrees to pay such invoice pursuant to its terms without the benefit of setoff or deduction. All late payments shall be charged interest computed on a daily basis from the due date until paid in full. Seller reserves the right to take all steps necessary and to impose interest (at the rate of one and one-half percent (1 ½%) per month or the maximum rate permitted by law, whichever is less), late charges or other payment terms as Seller may deem appropriate to collect full payment for Products supplied in addition to seeking the reimbursement for costs of collection (including reasonable attorneys’ fees and court costs.) Transportation charges from Seller’s facility to Buyer’s facility shall be paid by Buyer to Seller, in addition to the purchase price of the Product, unless otherwise agreed to in writing by Seller. Seller will select the carrier in the absence of specific instructions by Buyer.

TITLE AND DELIVERY:

Seller shall deliver Products to Buyer X-Works Seller’s factory. Partial deliveries shall be permitted unless Buyer notifies Seller at time the order is placed. Upon such delivery to a carrier at Seller’s factory, title to the Products and all risk of loss or damage shall pass to the Buyer.

SHIPMENT:

All shipping charges and expenses shall be paid by Buyer. Seller will insure the Products unless requested not to by Buyer. buyer will pay for such insurance.

LIMITATION ON THE USE OF THE PRODUCTS:

 Seller’s Products are not designed for and should not be used within Life Support Systems or Nuclear Facility applications. Such Products may not be sold for such applications without the prior specific written consent of Seller. A Life support System is defined as a product or system intended to support or sustain life and which if it fails can be reasonably expected to result in significant personal injury or death. Nuclear Facility applications are defined as any application involving a nuclear reactor or any facility involved in any way with the handling or processing of radioactive materials and in which the failure of equipment in any way could reasonably result in harm to life, property or the environment.

INDEMNITIES: 

Buyer shall defend and indemnify Seller from all liabilities and costs resulting from any suit or proceeding based upon a claim that products infringe upon the rights of a third party to the extent such claim arises from Seller’s compliance with Buyer’s designs, specifications or instructions.