PRICES AND PAYMENT
Prices listed are FOB Shipping Point, subject to crating charge at cost. Unless otherwise arranged, Seller will select carrier, pre-pay freight charges and invoice same to buyer. Any applicable Federal, State or Local sales, excise or use taxes are not included and are the responsibility of Buyer. Unless otherwise agreed in advance in writing, payment from foreign orders will be in U.S. dollars, and paid in full prior to shipment or covered by a confirmed irrevocable letter of credit from a U.S. bank and issued with terms satisfactory to Seller. All overdue unpaid accounts shall be subject to a 2% per month interest charge until the date payment is received by Seller.

LIMITED WARRANTY AND LIMITATION OF LIABILITY
Unless otherwise specifically offered in writing, Seller warrants its products to be free of defects in material and workmanship for one year from date of shipment and to conform to its standard specifications at the time of shipment. Seller agrees to service, adjust and/or replace at its option any defective parts of any equipment returned to its Ebensburg, Pennsylvania plant, freight pre-paid, within one year from the date of original shipment from its plant. This warranty is subject to the conditions that, notice of any defect must be received by the Seller in writing within 30 days of the discovery of the defect, within the warranty period, even though Buyer deems the defect to have occurred during this warranty period.

THE SOLE REMEDY FOR BREACH OF ANY AND ALL WARRANTIES AND THE SOLE REMEDIES FOR SELLER'S LIABILITY OF ANY KIND WITH RESPECT TO PRODUCTS OR SERVICES PROVIDED UNDER THE PURCHASE ORDER OR ANY OTHER PERFORMANCE BY SELLER SHALL BE LIMITED TO THE REMEDIES PROVIDED HEREIN. BUYER AGREES THAT SELLER SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR FOR ANY LOSS OF PROFIT, REVENUE OR DATA, EVEN IF SELLER SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. SELLER SHALL NOT BE LIABLE FOR ANY CLAIM AGAINST BUYER BY ANOTHER PARTY. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, SELLER DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THAT ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

OTHER TERMS AND CONDITIONS
These Terms and Conditions of Sale will form an integral part of the Buyer's Purchase Order, and thereby be incorporated therein by reference. In accepting the Seller's offer, the Buyer understands and agrees to the Terms and Conditions of Sale stated herein. Any Terms and Conditions of Sale shall not be binding on Seller, unless agreed to in advance in writing by Seller.

Title to goods and liability and risk for their loss or damage in transit or thereafter shall pass to buyer upon departure from Seller's plant.

The Purchase Order and these Terms and Conditions of Sale are made under and shall be governed by the laws of the State of Pennsylvania and any action arising thereunder shall be maintained only in a court having jurisdiction situated within the State of Pennsylvania.

Failure or delay on the part of Seller to exercise any right, power or privelege stated in these Terms and Conditions of Sale shall not operate as a waiver thereof.