New Tech Systems, Inc.

1. PRICES – Prices quoted herein are subject to change without notice, unless otherwise noted. In any event, this quotation is subject to acceptance within thirty (30) days from date of issue. Any change in quantities, design, partial release or destination may incur a price adjustment.
2. "DELAY IN PAYMENT – If payment of Seller’s invoice is made after the net due date, Seller reserves the right to render an additional invoice to cover any additional charges for the extra time taken, 1.5% per month and/or nullify any discounts that may have been offered."
3. TAXES – Prices shown do not include any sales, excise or other government charge payable by Seller to Federal, State or local authority. Any such taxes now or hereafter imposed upon sales or shipments will be added to purchase price. Buyer agrees to reimburse Seller for any such tax or provide Seller with acceptable tax exemption certificate. Seller is not responsible for any foreign taxes and/or import duties.
4. ACCEPTANCE OF ORDER; TERMINATION – Acceptance of any order may be subject to credit approval and acceptance of order by Seller. All special orders (those orders deviating from what Seller considers to be its standard products) will require Buyer to submit a signed order acknowledgement and any necessary engineering drawings issued by the Seller and any required non-refundable deposits before it will be officially accepted and scheduled in the production process. If Buyer fails to comply with these terms and conditions of sale or if Buyer’s credit becomes unsatisfactory to Seller, Seller reserves the right to terminate upon notice of Buyer and without liability to Seller.
5. CANCELLATION BY BUYER – Cancellations by Buyer not involving nonrefundable deposits shall be by mutual agreement in writing based on any adjustment necessary to cover labor expended, material procured, and reasonable overhead expenses applicable thereto. Cancellations by Buyer involving orders with nonrefundable deposits will be subject to forfeiture of the entire applicable deposit amounts to Seller.
6. DELAY IN DELIVERY – Seller is not to be accountable for delays in delivery if caused by any legislative, administrative or executive law, order or requisition of the Federal Government or any State or Municipal Government or any subdivision, department, agency, office or official thereof, or if caused by, but not limited to, strike, fire, floods, accidents, delays by carriers, outside vendors, contractors, service companies, and/or necessary supplies of raw materials or other unavoidable contingencies beyond the Seller’s control. Factory shipment or delivery dates are best estimates dependent on the before-mentioned factors and are based on current production backlog at time of order placement. In no case shall Seller be liable for any consequential or special damages arising from any delay in delivery.
7. LABOR CHARGE – Seller shall not be held liable for any labor charges other than those agreed upon in advance between the Seller/manufacturer and Buyer of the products covered by this quotation.
8. BUYER’S REQUIREMENTS – Material and equipment included in this quotation are based on Seller’s interpretation of Buyer’s requirements and are subject to verification by Buyer or his representative.
9. WARRANTIES – All products manufactured by Seller and included in this quotation are warranted only to the extent of New Tech Systems, Inc. manufacturer’s warranty, ninety (90) days from date of shipment against defects in materials and workmanship, unless otherwise noted. Additional warranties may apply for those products supplied to Seller by other manufacturers and/or suppliers.
10. BUYER’S REMEDIES – Buyer’s remedies for any defects in the materials covered by this quotation are subject to any limitations contained in manufacturer’s terms and conditions to Seller. A copy of such terms and conditions will be furnished upon written request. In any event, Seller shall not be liable for claims (based upon breach of express or implied warranties or negligence) for consequential or special damages or for any expenses incurred by reason of the use, sale or fabrication of the materials covered by this quotation which are found to be defective. In addition, claims for shortages, other than loss in transit, must be made in writing not more than five (5) days after receipt of shipment.
11. RETURN POLICY – Merchandise returned for credit will be subject to the Manufacturer’s Return Materials Authorization terms and conditions and potentially other fees including returning items to saleable condition, handling and restocking charges. Returned product must be received with its NTS issued RMA# in new, unused, not damaged, packaged in a manner that will prevent shipping damage (preferably using original packaging), and in saleable condition. Products must be returned within thirty (30) days of notifying Seller and proof of purchase must be verifiable. No returns will be accepted freight collect or COD and should be sent prepaid and insured. Credit will be issued for errors determined to have been made by Seller if Buyer contacts Seller within ten (10) days from the receipt of merchandise. Under no circumstances will any merchandise be approved for return after ninety (90) days from the date of receipt of merchandise by the Buyer.
12. MODIFICATION OF TERMS AND CONDITIONS – No terms and conditions other than those stated herein, and no agreement or understanding, in any way purporting to modify these terms and conditions, whether contained in Buyer’s purchase or shipping release forms, or elsewhere, shall be binding on Seller without Seller’s written consent. If the conditions of the quotation which prevail over any inconsistent terms of Buyer’s purchase order are not acceptable to Buyer, he must so notify Seller in writing at once.
13. PAYMENT TERMS are found on the front of our invoice. All charges are due and payable to New Tech Systems, Inc. of Mansfield, Tarrant County, Texas, USA. No retainage allowed.
14. TRANSFER OF TITLE – all shipments, unless otherwise noted by New Tech Systems, Inc., are EX WORKS Point of Shipment. Title passes upon delivery to a freight carrier. Freight claims are the responsibility of the owner.
15. FREIGHT CHARGES will be Pre-Paid and added to the Invoice unless Buyer makes their own arrangements for collection of goods. Seller will not accept instructions from Buyer to utilize Buyer’s freight carrier’s account number.
16. SAFETY – Seller makes every effort to design and construct safe, dependable equipment. However, it is impossible for Seller to foresee all circumstances under which the equipment may be utilized. It is therefore imperative that the equipment be transported, installed, set-up, operated and maintained in a safe manner. Seller accepts no liability for any improper, negligent or unsafe use of the equipment it manufacturers. It is the responsibility of the Buyer and/or End-user to assure that a final safety assessment/evaluation is performed and meets all applicable safety and/or environmental requirements.
17. CERTIFICATION – Seller manufacturers and certifies equipment to meet the requirements of its internal specifications. Acceptance of Seller’s systems and/or equipment to meet third party specifications and/or requirements is the responsibility of the Buyer and/or End-user.

WAIVER – The failure of Seller or Buyer to insist upon the performance of any of the terms or conditions of this contract or to exercise any right hereunder shall not be deemed to be a waiver of such terms, conditions or rights in the future, nor shall it be deemed to be a waiver of any other term, condition, or right under this contract.