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Legal Information and Terms

The following are copyrights of SyncroFlo, Inc.:

SyncroFlo, Inc. retains all copyrights in any text, graphic images and software owned by SyncroFlo, Inc. Visitors may not mirror, link, or modify any files on this website without express written permission from SyncroFlo, Inc. Information that SyncroFlo, Inc. publishes on the World Wide Web may contain links to other sites that are provided for your convenience. SyncroFlo, Inc. does not control those sites and makes no representations about the other sites that you may access through this site. SyncroFlo, Inc. does not endorse any product or service offered by any company or person linked to this site. Nor is SyncroFlo, Inc. responsible for the content of any information published on the site of any third party. SyncroFlo Incorporated, the SyncroFlo logo, and other names, Logo icons and marks identifying SyncroFlo, Inc. products and services referenced herein are trademarks of SyncroFlo, Inc and may not be used without the prior written permission of SyncroFlo. Other company information referenced herein are trademarks of their respective owners.

TERMS AND CONDITIONS OF SALE

1. The STANDARD TERMS AND CONDITIONS OF SALE (“Conditions”) exclusively define the contractual relationship between SyncroFlo, Inc. and the Purchaser, and no terms proposed by the Purchaser in conflict with or in addition to these Conditions shall become a part of the contract of sale unless accepted in writing by SyncroFlo, Inc.

2. ORDERS - All correspondence, inquiries and tips should be sent to SyncroFlo, Inc., 6700 Best Friend Road , Norcross , Georgia 30071. All orders are subject to acceptance by SyncroFlo, Inc. upon review of a written purchase order or signed contract, agreement on Terms and Conditions and acceptable credit.

3. PRICES AND TAXES - Quoted prices are valid for a period of 30 days unless stated otherwise on the quotation. SyncroFlo, Inc reserves the right to change prices without notice.. Sales and Excise tax, duties and other fees are not included in quoted prices unless noted.

4. PAYMENT TERMS – Payment terms are net 30 days from shipment date or when ready to ship. No retainage is allowed unless agreed upon at time of order entry. Invoices which are past due 30 days are subject to a finance charge of 2% per month. If shipping is delayed by the customer, the purchaser remains responsible for meeting the payment due date based on the original shipping schedule. Temporary storage is available for a minimum charge of $100 per week subject to availability of space. Orders will be invoiced upon completion, transferring ownership. Normal payment terms will apply. Any storage charges will be added to the out going freight charge. Shipments are F.O.B., Point of Shipment. Sales outside of the United States and its possessions must have payment in advance or letter of credit. All prices quoted are in US Dollars and shall be payable free of all exchange, conversion and collection fees or charges.

5. CANCELLATION FEES – Orders that are cancelled are subject to the following cancellation fees:

· 15% - If cancelled during submittal preparation.

· 35% or more - After receipt of approved submittals. The cost of any equipment that was already purchased shall be added to the 35%.

· 100% - If system is complete.

Products made to customer’s specifications are not returnable and orders for such products cannot be canceled after release to manufacture. Order cancellations received after special products have been placed in engineering design are subject to a 35% cancellation charge for these services.

6. CLAIMS concerning defective or damaged goods should be made in writing to the home office within 5 days after discovery. SyncroFlo will respond to all claims within 48hrs. It is the receiving party’s responsibility to inspect the goods upon receipt. Any damage must be noted on the truck bill of lading. The customer should file a claim for freight damage directly with the freight company. SyncroFlo is not responsible for any such claims.

Contact SyncroFlo for written approval for all warranty claims and returns. Returns of unused items are subject to a handling charge. Special order or modified items are not eligible for return credit.

7. PRODUCT CHANGES – SyncroFlo reserves the right to make changes in design or materials when necessary, without prior notice, for the sole purpose of offering a superior product to our customers or meet requested ship dates. Such changes, modifications or substitutions, however, should not affect SyncroFlo’s commitment to Purchaser to provide equipment in accordance with specifications as accepted by SyncroFlo.

8. LIMITATION OF LIABILITY - SyncroFlo’s liability on any claim of any kind, including negligence, for any loss or damage arising out of, connected with, or resulting from a contract based on these Conditions, or the performance or breach thereof, or the design, manufacture or sale, delivery or resale, installation, technical direction of installation, inspection, repair, operation or use of any SyncroFlo product covered by or furnished hereunder shall in no case exceed the price paid by the Purchaser for the equipment. All goods are held at the risk of the purchaser after they have been received by a licensed carrier in good order as our terms are FOB shipping point. SyncroFlo shall not in any event be liable for special,

indirect, incidental or consequential damages, including liquidated damages in any amount. SyncroFlo also disclaims liability, whether in contract, tort, warranty or otherwise, to any party other than the Purchaser, and SyncroFlo’s sole responsibilities with respect to other Equipment furnished hereunder shall be to ensure mechanical or electric compatibility of SyncroFlo’s equipment with the other Equipment and to pass through to the Purchaser whatever warranty the other Equipment manufacturer has provided to SyncroFlo.

9. FAIR LABOR ACT - Seller warrants that all goods are manufactured in accordance with the requirements of the Fair Labor Standards Act of 1938 as amended.

10. MINIMUM INVOICE - A minimum charge will be applied on small purchases to cover packing, shipping, order processing, billing and other handling expenses as follows: $50 for credit card purchases and $100 for open account purchases. All parts orders must be charged to a credit card or paid for in advance of shipment.

11. SHIPPING DATE/FORCE MAJEURE – The time for shipment stipulated in any quotation is approximate and is estimated from the date of receipt of order with complete manufacturing information and approval of submittals as may be necessary. SyncroFlo shall not be responsible for any loss or damage for delay or non-delivery due to acts of civil or military authority, acts of the Purchaser or by reason of “force majeure”, which constitutes all causes whatsoever not reasonably within the control of SyncroFlo, including, but not limited to, acts of God, war, riots, blockades, embargoes, sabotage, epidemics, fires, strikes, lockouts or other industrial disturbances, delays of carriers and inability to secure materials or labor.

12. DISPUTES – The parties shall use their best efforts to resolve any disputes amicably, in realization that costs associated with litigation of differences may be disproportionate to the matter in dispute. Should an amicable solution cannot be reached, the parties hereby consent to the jurisdiction of the Georgia courts, and the application of the Georgia laws, rules and regulations in adjudication of any such dispute. By mutual agreement, the parties may elect to submit any dispute to binding arbitration in lieu of litigation, in which event such arbitration shall be conducted in Atlanta , GA , before the American Arbitration Association in accordance with its Rules of Conciliation and Arbitration. Each party shall bear its own costs of arbitration.

13. BANKRUPTCY – If purchaser shall become bankrupt or insolvent or compounds its debts with his creditors or suffers appointment of a receiver, SyncroFlo, by notice to Purchaser in writing, has the right to cancel this agreement without judicial action, intervention or declaration of default of Purchaser, and without prejudice to any right or remedy which shall have accrued or shall accrue thereafter to SyncroFlo.

14. WARRANTY – For complete systems, please refer to the limited warranty policy in the submittal or installation manual. Replacement parts are warranted for one year from date of shipment. Gauges, seals, return freight and labor are not warranted by SyncroFlo. SyncroFlo will repair or replace, at its option, warranted parts. Some replacement parts are factory refurbished.