TRI-TRONICS COMPANY, INC.

Orders placed with Tri-Tronics (written or verbal) are subject to the terms and conditions as stipulated in this document. No modifications or revisions to the terms and conditions as listed will be allowed without special written authorization by an officer of Tri-Tronics Co. Inc. This warranty is in lieu of all other warranties whether expresses, statutory, or implied, including but not limited to any implied warranty of merchantability or fitness for a particular purpose. It is up to the customer to determine the suitability of the product in the application. Tri-Tronics will not be liable for consequential or incidental damages. Tri-Tronics’ liability will be limited to the original invoice amount for the product. No employee or representative of Tri-Tronics is authorized to change the warranty or terms and conditions in any way or to grant any other warranty. Purchaser's acceptance of an order shall be deemed as assenting to the terms and conditions set forth herein. The lack of an objection by Tri-Tronics to any and all revisions, alterations, or additions to the terms and conditions, as set forth herein, by the purchaser contained in any prior or subsequent purchase order or communication shall not be construed as a waiver or acceptance by Tri-Tronics.

CREDIT TERMS

Tri-Tronics reserves the right to decline any order if the purchaser fails to provide necessary credit information regarding the purchaser's ability and willingness to pay for the merchandise within the invoice terms. Tri-Tronics may, as an alternative to refusing the order, require an advance payment, a credit card, or a C.O.D. shipment. If a purchaser defaults in payment for orders shipped on credit, the purchaser shall be responsible for all reasonable collection costs and expenses, and Tri-Tronics shall not be obligated to make any further shipments to the purchaser.

CHOICE OF LAW

All sales shall be governed by the laws of the State of Florida.

FORUM SELECTION

Purchaser mutually agrees that venue for any action at law or in equity in any way arising out of any order, sale, or this agreement shall lie exclusively in Hillsborough County, Florida, USA.

PAYMENT TERMS

Contingent upon prior credit approval, Tri-Tronics' terms are in effect from the invoice date, unless otherwise indicated. Payment is to be made to the address printed on the face of the invoice.

SHIPPING

Tri-Tronics will ship the merchandise to the purchaser as soon as possible after the receipt of an order. If the ordered merchandise is not in stock, Tri-Tronics reserves the right to make partial shipments. These shipments will be individually invoiced, and the purchaser must ensure payment is received by Tri-Tronics within the terms for each shipment.

PRICING

All quoted prices are FOB, place of manufacture within U.S., and are subject to change without notice. All written quotations are valid for 30 days if not otherwise specified. Quoted prices do not include sales, use, or excise taxes or shipping costs. All applicable taxes must be paid by the purchaser. Customer will be responsible for payment of import duties, customs fees and permits, and licenses.

DAMAGE AND LOSS

All Tri-Tronics products are packed and labeled for shipment adhering to good commercial packaging techniques. Upon delivery to the carrier for shipment, responsibility for delivery intact to its destination rests with the carrier. Upon receipt of the shipment at its destination, the merchandise should be inspected for visible or concealed damage. We must be notified within 48 hours of receipt if there are any discrepancies or shortages. Claims for damage or loss should be filed with the carrier immediately. Tri-Tronics will assist whenever possible in securing adjustment of claims; however, all claims for damage or loss must be initiated by the shipper directly to the carrier. Remedies available for Tri-Tronics' nonperformance of any duties and obligations arising from the terms and conditions of sale shall exclude incidental and consequential damages.

RETURN POLICY

Tri-Tronics Co. warrants its products to be free from defects from the original shipment date for a period of:

• Encoder Products - 24 months
• Industrial Products - 1 year
• Elevator Products - 3 years
• Special Controls - 5 Years

Within the warranty period, the product will be repaired or replaced at Tri-Tronics' option, when the product is returned to the factory. This warranty does not apply to any product that has been subjected to misuse, negligence, accident, or misapplied or modified or repaired usage by unauthorized persons, or as a result of improper installations thereof.

RETURN OF MERCHANDISE

Any material returns must be marked with a Return of Merchandise Authorization (RMA) number that shall be obtained from Tri-Tronics. Please contact us at orders@ttco.com or call 800-237-0946 for your RMA number. All material must be properly packed and shipped prepaid no later than 30 days after the RMA number is issued. If the material is not received within 30 days, the RMA will be cancelled. No C.O.D. shipments will be accepted. Any materials being returned for credit will be subject to examination by Tri-Tronics for customer misuse or abuse before determining the amount of credit. A minimum restocking fee of 10% may apply. A Return of Merchandise Authorization number does not guarantee a refund or replacement.

For any repair not covered by warranty, your contractual Payment Terms will be applicable. Customers without established Payment Terms must pay for the repair before shipment. Failure to receive payment within 30 days from the Customer Service Notification of repair completion will result in disposal of the material. Upon disposal, our obligations regarding the return or credit for the repair shall cease, and no further action will be taken.

Only product that is “like new” and can be resold, will be accepted for return. Since most Tri-Tronics encoder products are “built to order”, a typical charge of $35 (or 25%) will apply to each item returned to cover the cost of retesting and/or converting the product to an item that can be resold.

REFUNDS/CREDITS

Refunds/credits for web sales charged to a credit card are limited to 90 days from the date the card is charged. No refund/credit can be made to a credit card after that time.

IMPORTANT

The products of Tri-Tronics Company, Inc. are not authorized for use as critical components in any life support devices or systems whatsoever without the express written approval of the President of Tri-Tronics:

1. "Life support devices or systems" are devices or systems which (1) are intended for surgical implant into the body or (2) support or sustain life, and whose failure to perform, when properly used in accordance with instructions for use provided in the labeling, can be reasonably expected to result in a significant injury to the user;
2. A "critical component" is any component of a life support device or system whose failure to perform can be reasonably expected to cause the failure of the life support device or system or to affect its safety or effectiveness.

In addition to the foregoing and without limiting or modifying the foregoing, Tri-Tronics products or any component parts thereof are not to be used in or on personal safety devices including, but not limited to, punch presses or any other dangerous machinery in which the failure of such product could cause bodily injury, without the express written consent of Tri-Tronics. In the absence of Tri-Tronics written consent, use of Tri-Tronics' products in such manner not authorized by this "IMPORTANT" section, constitutes misuse and therefore, a breach of the express warranties set forth in Tri-Tronics Warranty & Limitation of Liability.

BUSINESS HOURS

Monday - Friday 8:30 a.m. to 5:30 p.m. EST
Orders received after regular business hours, on weekends and on national and company holidays will be processed the next business day.

SHIPPING DEADLINES

Ground Orders - Orders received by 2:30 p.m. can ship the same day.
Air Shipments - Orders shipping Next Day or 2nd Day must be received by 4:30 p.m. to ship the same day.
Encoder Same Day Shipping - Orders must be pre-approved by Tri-Tronics Company, Inc., and are subject to a $100 expedite fee.

CHANGES TO ORDERS

Once your order has been entered in our system, we cannot accept any changes. If you need to make a change, please call us immediately at 800-237-0946 and ask to speak to one of our Customer Service Staff. If possible, they will make every effort to assist you, however, they may not be able to make a change if the order has already been processed.