Terms and Conditions - BTH COMPANY

Terms and Conditions

Attachment to the terms and conditions for the purchase of equipment

1. Incorporated Terms and Conditions. As a part of the applicable Purchase Order executed by the buyer, the Terms are attached and made a part of it. Order and Terms are referred to as “Agreement.” Such materials are now incorporated herein by reference to the extent that a copy of the Vendor’s Quote and the Equipment Specifications are attached to the Purchase Order; provided, however, that if Equipment Specifications are not attached to the Purchase Order, the Equipment Specifications shall refer to the vendor’s performance specifications for the Equipment (the “Specification”).

2. Vendor Invoices. The vendor shall invoice the buyer for any payments due upon receipt of a Purchase Order. Invoices from Vendors must include the applicable Purchase Order number(s), and the buyer will reject any invoice that does not do so. In such a case, the vendor will send the buyer a new, corrected invoice for payment. Purchase Order numbers must be listed on invoices, including multiple Purchase Order shipments. To receive payment from the buyer, the vendor must issue any invoices within six (6) months after issuing each Purchase Order. The buyer agrees to pay NET 60 days after receiving the vendor’s invoice.

3. Equipment and Delivery of Equipment. No later than the delivery date specified on the Purchase Order, Equipment will be delivered F.O.B. Destination (shipping, handling, and insurance will be pre-paid and absorbed by vendor). Until the goods are delivered to the Installation Site, and the buyer has inspected the supplied components and determined that the shipment is complete and the components are undamaged, the title and risk of loss or damage to the items shall remain with the vendor. The Equipment must be appropriately packed, with the Buyer’s Purchase Order Number prominently marked on all boxes. All items of Equipment contained within each box must be identifiable by the buyer. The Equipment must be appropriately packed, with the Buyer’s Purchase Order Number prominently marked on all parcels.

The vendor’s operator and servicing instruction manuals will be sent to the customer in two (2) copies (including electrical and mechanical schematics, parts, and current price lists).