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ACIUMErER
<br /> Quotation Quote Number:142528 RevO
<br /> ...continued from previous page Codes:002 1028/029
<br /> All products sold or licensed,including all equipment,parts,manuals,and related materials required
<br /> for installation and/or use thereof,shall be ExWorks Hemet,California USA and all repair or replacement
<br /> parts may,at McCrometer's option,be ExWorks McCrometer's designated repair/manufacturing facilities.
<br /> International deliveries shall be ExWorks based on INCOTERMS 2010,unless specified otherwise at the
<br /> time of Quotation and is included in the Quotation/Purchase Order amount.Full risk of loss(including
<br /> transportation delays and losses)shall pass to Buyer,regardless of whether title has been passed to
<br /> Buyer,transport is arranged or supervised by McCrometer,or start-up is carried out under the direction or
<br /> supervision of McCrometer.Loss or destruction of the equipment or injury or damage to the equipment
<br /> that occurs while risk of such loss or damage is bom by Buyer does not relieve Buyer of its obligation to
<br /> pay McCrometer for the equipment.
<br /> MCCROMETER SHALL NOT BE LIABLE FOR ANY LOSS,DAMAGES OR EXPENSE,INCLUDING,WITHOUT
<br /> LIMITATION,CONSEQUENTIAL OR INCIDENTAL DAMAGES,LOSS OF PROFITS OR REVENUES LOSS OF
<br /> USE,OR OTHERWISE,WHATSOEVER INCURRED OR SUFFERED BY BUYER OR BUYER'S CUSTOMERS IF
<br /> MCCROMETER FAILS TO MEET ANY SPECIFIED DELIVERY SCHEDULE.
<br /> Without limiting the generality of the foregoing,McCrometer shall not be responsible for any such delay,
<br /> damages,expenses,or losses caused by circumstances outside McCrometer's control.To the extent that
<br /> any cause beyond the reasonable control of McCrometer results in an actual delay in deliveries or the
<br /> performance of services on the part of McCrometer as herein provided,the time for performance by
<br /> McCrometer shall be extended for a period of time at least equal to the period of delay plus a reasonable
<br /> period of time thereafter in order to permit McCrometer to take steps which McCrometer deems to be
<br /> necessary or appropriate to complete performance.
<br /> SECTION 5:PATENT OR TRADEMARK INFORMATION
<br /> If the equipment sold hereunder is to be prepared or manufactured according to Buyer's specifications,
<br /> Buyer shall indemnify and hold McCrometer harmless from any claims or liability for patent or trademark
<br /> infringement on account of the sale of such goods.
<br /> SECTION 6:CHANGES
<br /> Buyer may request,in writing,changes in the design,drawings,specifications,shipping instructions and
<br /> Copyright©2013 McCrometer,Inc.All printed material should not be changed or altered without permission of McCrometer.Any published
<br /> technical data,instructions and Terms And Conditions
<br /> are subject to change without notice.Contact your McCrometer representative for current content.
<br /> McCrometer,Inc.3255 WEST STETSON AVENUE•HEMET,CALIFORNIA 92545 USA TEL:951-652-6811 •800-220-2279•FAX:951-652-
<br /> 3078
<br /> Printed In The U.S.A.3 Lit.30121-17 Rev. 1.0/06-13
<br /> schedules of the equipment.Charges for changes in the design of such equipment,which results in an
<br /> increased cost to McCrometer,will be quoted to and paid by Buyer on an item-by-item basis.Such changes
<br /> will be implemented only upon receipt of a new or amended Purchase Order,acceptance of which
<br /> by McCrometer will constitute Buyer's agreement to pay all such additional charges,unless mutually
<br /> agreed otherwise in writing,and Buyer shall be solely responsible and liable for all consequences which
<br /> may result from such changes,including,without limitation,delays in completing delivery.
<br /> SECTION 7:CANCELLATION OR TERMINATION
<br /> Buyer has the right to cancel the Contract upon fifteen(15)days written notice to McCrometer;and such
<br /> cancellation is effective only upon the written acknowledgement and authorization of McCrometer.
<br /> Cancellation of a Purchase Order shall not relieve Buyer of payment for Contract.McCrometer's receipt
<br /> of the cancellation notice shall be given to Buyer in writing,and Buyer shall pay McCrometer upon the
<br /> following schedule:20%of total Purchase Price if the order has entered Engineering;75%of the total
<br /> Purchase Price if McCrometer has ordered/received materials to produce Buyers equipment;100%of
<br /> the total Purchase Price if cancellation occurs after completion of the order.
<br /> SECTION 8:DELIVERY AND DELAYS
<br /> McCrometer shall use its best efforts to meet quoted delivery dates,which are estimated based on
<br /> conditions known at the time of Quotation.McCrometer shall not be liable for any nonperformance,
<br /> loss,damage,or delay due to war,riots,fire,flood,strikes or other labor difficulty,governmental actions,
<br /> acts of God,acts of the Buyer or its customer,delays in transportation,inability to obtain necessary labor
<br /> or materials from usual sources,or other cause beyond the reasonable control of McCrometer.In the
<br /> event of delay in performance due to any such cause,the date of delivery or time for completion will be
<br /> extended to reflect the length of time lost by reason of such delay.McCrometer shall not be liable for
<br /> any loss or damage to Buyer or its customer resulting from any delay in delivery.
<br /> SECTION 9:INSPECTION AND ACCEPTANCE
<br /> Buyer shall inspect each item within five(5)days following delivery.In the event Buyer fails to notify
<br /> McCrometer of any defect,deficiency,omission,or nonconforming delivery within ten(10)days
<br /> following delivery,Buyer shall be deemed to have unconditionally accepted delivery.If any item
<br /> delivered to Buyer shall be defective,omitted,or otherwise nonconforming,Buyer must deliver a
<br /> written notice to McCrometer within ten(10)days following such nonconforming delivery,specifying
<br /> the defect,deficiency,omission,or nonconformity upon which Buyer is rejecting delivery.Buyer hereby
<br /> agrees that said ten(10)day period is a reasonable period of time after delivery within which to reject
<br /> such products.Within ten(10)business days following receipt of Buyer's written notice of rejection,
<br /> McCrometer may notify Buyer in writing of its intention to cure any such defective or nonconforming
<br /> goods,and McCrometer shall have a reasonable period of time thereafter to make a conforming delivery
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<br /> Inc.
<br /> *142528* Tel(95)652 6811cFax (951)6523078 Stetson r.
<br /> Wes te: http:/A~.mccrme er.com
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