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Terms of Sale

Terms and Conditions

Control Specialties agrees to contract with Buyer for the sale of the equipment described herein (the “Products”) and services to be performed by Control Specialties in connection the Products (the “Services”) only if Buyer’s acceptance of Control Specialties offer to sell contains all of the terms set forth herein. Control Specialties hereby objects to any additional terms. Any confirmatory action by the Buyer or acceptance of the Products or Services shall constitute assent to these terms and any additional terms set forth therein shall not be effective or binding.


1. To the extent assignable, Control Specialties shall assign to Buyer, without recourse to Control Specialties, all warranties of the manufacturer of the Products made with respect to the Products. Control Specialties makes NO IMPLIED WARRANTIES OF ANY TYPE, WHETHER OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE with respect to the Products or Services, and no warranties or guaranties, express or implied, are made by Control Specialties except as specifically provided herein.


2. IN NO EVENT SHALL CONTROL SPECIALTIES BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND ATTORNEY’S FEES, WITH RESPECT TO THE PRODUCTS OR SERVICES OR OTHERWISE. Control Specialties shall have no liability with respect to any installation adjustments, repairs or other work done upon or in connection with the Products by Buyer or others. Any cause of action against Control Specialties arising out of or relating to the Products or the Services shall expire unless brought within one year of time of accrual thereof.


3. Once placed, orders for the Products or Services by Buyer may be canceled only with Control Specialties

approval upon payment by Buyer for work performed and/or expenses incurred by Control Specialties to the date of cancellation. Buyer shall pay Control Specialties for interest on any amount not paid when due at a rate of one and one half percent (1 1/2%) per month, or the maximum rate permitted by law, whichever is less, together with all costs of collection. All prices for Products and Services are exclusive of all taxes. Wherever applicable, any tax or taxes will be added to the invoice as a separate charge to be paid by Buyer.


4. To the extent that Products or any portion thereof are supplied according to Buyer’s design or instructions, are modified by Buyer, are combined by Buyer with equipment or things not furnished hereunder, or are used by Buyer to perform a process or produce a product, and by reason of said design, instructions, modification, combination, performance or production, a suit or proceeding is brought against Control Specialties, Buyer shall defend, indemnify, release and hold harmless Control Specialties, its directors, officers, employees, agents, representatives, successors and assigns against any and all liability, suits, actions, or proceedings, at law or in equity, and from any and all claims, demands, losses, judgments, penalties, damages, costs and expenses arising therefrom and in connection therewith, including, without limitation, patent infringement claims.


5. Buyer shall supply to Control Specialties, in a timely fashion, all required technical information, including drawing approval and all required documentation. Control Specialties shall not be liable for loss, damage, delay, and/or late delivery due to causes beyond its reasonable control, including, without limitation, late delivery by the manufacturer of the Products, fire, strike or concerted action of workmen, act or omission of any governmental authority, or delays in transportation. In the event of delay due to any such cause, the date of delivery will be postponed by such length of time as may be reasonably necessary to compensate for the delay.


6.  International Export Sales are subject management approval. They are also subject to EXW (Gainesville, GA, USA) – INCOTERMS2010.  Terms of payment include payment in advance via wire transfer to Bank of America, Gainesville, GA, USA, payable in U.S. dollars.  All banking charges outside continental United States are for buyer’s account.  Shipping will be arranged via UPS/FEDEX/DHL if permitted.  These commodities, technologies or software are quoted / sold as exported from the USA in accordance with the Export Administration Regulations.  Diversion contrary to US law is prohibited.


7. Domestic Sales are subject to management approval. Terms for any amount over $10,000.00 US Dollars will need to be discussed prior to order placement.