TERMS and CONDITIONS OF SALE

MIN. ORDER VALUE: $1000.00

ORDERS: Orders from new accounts will be accepted on a C.O.D. basis only, until satisfactory credit terms have been arranged. After credit approval, APEM Components, Inc. will ship orders open account up to a credit limit established by APEM for each customer. APEM's terms are Net 30.

ACKNOWLEDGMENT: We acknowledge all orders received. Please review our acknowledgment for all specifications upon receipt and phone us immediately if there are any errors. Since these products will be specially manufactured or assembled for you, accuracy is essential.

FOB POINT: All shipments are FOB our plant in Haverhill, Massachusetts 01835-0788. Premium freight shipments will be made freight collect only.

LIABILITY: Purchaser is liable for reasonable collection costs, including attorney's fees, if payment must be enforced by suit.

RETURNS: Returns for any reason must be pre-approved by APEM before return shipment is made. Note that only selected models are returnable.

CLAIMS: Claims for damage or loss in shipment should be made to the carrier. Claims for shortage should be made to APEM in writing as soon as possible and no later than forty-five (45) days from invoice date.

WARRANTY: APEM Components, Inc. warrants its products to be free from defects in materials and workmanship under normal use and service and to be in accordance with APEM's specifications and drawings for a period of one (1) year after date of shipment by APEM Components. Buyer, within this warranty period, must give APEM Components written notice of any defect claim and promptly return the product pre-paid, after first receiving APEM's authorization to return. APEM will, at its sole election thereafter, either repair or replace such product found to be defective as provided herein. This warranty does not include, nor does APEM assume, responsibility for defects or damage caused by misuse, abuse, service or repair by others, and normal wear and tear. THIS WARRANTY IS GIVEN IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The remedies stated herein are exclusive remedies and APEM shall not be responsible or liable for any indirect, consequential or incidental damages or further loss of any kind whatsoever.

While we provide application assistance on APEM products, personally and through our literature, it is the responsibility of the customer to determine the suitability of the product in the intended use. Materials, finishes and component parts are subject to change without notice.

PART NUMBER: The customer's part number is specified as reference only, and the APEM switch part number is the defining factor in determination of specifications or performance. Unless a detailed drawing or customer specification is supplied and approved by APEM prior to order; no specifications other than APEM's apply. The customer's part number, whenever possible, will be shown only for the customer's convenience.

DELIVERY: Estimates of delivery are based on our best information at the time, but cannot be guaranteed, nor can we be responsible for any delays beyond our control including, but not limited to, fires, strikes, floods, accidents, delays of carriers, failure of our suppliers to meet delivery promises or other causes.

PRICES: The prices on this quotation are based on our current costs and are subject to change to cover justifiable cost increases. The prices and terms on this quotation are not subject to verbal changes or other agreements unless approved in writing by APEM Components. Typographical and stenographical errors are subject to correction. Quotes are valid for 30 days.

CANCELLATION: No order may be canceled without our prior written consent; nor will we consent to cancellation of any order less than eight weeks before the delivery date mentioned on our acknowledgment, as by that time the manufacture of the product is too far advanced in the production process. In all cases of cancellation of an order by buyer, the manufacturer is entitled to indemnification, in the amount of at least 15% of the amount of the order unless otherwise agreed. Special (non-catalog) items may not be cancelled under any circumstances once they are produced.

Terms inconsistent with those stated herein which may appear on purchaser's formal order will not be binding on APEM.