TERMS OF PAYMENT

Terms of payment are as specified in the quotation. If terms of payment are not specifically stated to be otherwise, they are net thirty (30) days from the date of shipment and supersede payment terms on Purchase Orders unless specifically approved in writing. Invoices over 39 days past due will be charged interest at 1-½ % per month. In the event of collection, the customer will pay all costs and expenses incurred, including court costs and legal fees.

PRICES

Prices are firm for sixty (60) days unless stated otherwise. Prices do not included any Federal, State or local Sales or Use taxes or insurance which may apply to the sale. All prices are F.O.B Santee, California. Typographical and stenographic errors are subject to correction.

DELIVERY

All shipping dates are tentative based on current equipment availability. Discflo Corporation is not responsible for damages or losses due to delays for any cause.

CHANGES

Notice of changes in orders must be made and confirmed in writing.

INSPECTION OF EQUIPMENT

The customer shall immediately inspect the equipment upon arrival and shall give written notice to Discflo Corporation within 48 hours after arrival of equipment of any claim that the equipment does not conform to the specifications or terms of the order. Inspection of equipment must occur at the customer’s facilities, or at any other place at which the customer has ordered the equipment delivered in accordance with the order.

RETURNS

Orders accepted by the customer cannot be returned without completing a Return Material Authorization (RMA) form and being issued an RMA number from Discflo Corporation. The RMA number must be clearly displayed on the outside packaging of the returned goods. SHIPMENTS SENT WTIHOUT AN RMA NUMBER WILL NOT BE ACCEPTED. Shipping charges on authorized returns must be prepaid by the customer unless otherwise specified. No returns are permitted on submersible, special builds or modified pumps. Discflo equipment with an RMA number must be returned within 30 days and are subject to a 25% restocking charge.

CANCELLATIONS

In the event this quotation results in an order which is cancelled or terminated by the customer. The customer agrees to pay to Discflo Corporation an amount in cash equal to 25% of the total price of the order or contract, plus the actual cost of labor, materials, overhead and related direct costs and expenses incurred by Discflo Corporation in connection with the order.

LIMIT OF LIABILITY

Discflo Corporation is not liable or responsible for any loss, damage, injury to person or property or any direct or consequential damage arising from sale, installation, or use of this equipment. Discflo Corporation shall not be held liable for any losses or damages to the customer resulting from improper operation, care of abuse of this equipment. Discflo Corporation is not liable for any damage to process or product due to the sale, installation, or use of this equipment. Discflo Corporation shall not be held liable for any losses or damages to the customer resulting from improper operation, care or abuse of this equipment. Discflo Corporation is not liable for any damage to process or product due to the sale, installation, or use of this equipment.

TITLE

In the event the customer fails to pay as agreed in the purchase contract, Discflo Corporation shall have the right to immediate possession of the property and to enter upon the premises where the property may be located and remove same.

ASSIGNABILITY

The customer may not assign any of its rights or obligations under the order without the prior express written consent of Discflo Corporation