2016 Danze Price Book Page 241 Terms and Conditions

The following terms and conditions are deemed to be incorporated by reference in any order for the sale of products by Danze, Inc. Orders and Acceptance: Danze, Inc. reserves the right to refuse or to accept any order. No purchase order or indication of acceptance shall create a contract or otherwise be binding upon Danze, Inc. unless and until the same is accepted in writing at Danze, Inc. offices located in Woodridge, Illinois. In the event Danze, Inc. accepts an order from the purchaser, it is expressly understood and agreed that the terms and conditions herein set forth shall prevail. Not withstanding the fact that the same may conflict with or vary from the terms and conditions set forth on any purchase order or other form which the purchaser may use to place such order. The placing of such order by the purchaser shall be deemed to note the purchaser's assent to the foregoing. Freight: Danze, Inc. reserves the right to ship goods with the carrier of our choice. Freight is paid on qualifying orders. Please refer to appropriate Danze discount lists for specific qualifying factors to destinations on or within the continental US. Warranty: Please refer to the Danze, Inc. Warranty enclosed with each Danze, Inc. product for specific details. Additional copies are available on request. Promises of Shipment: Any shipping date shown is only an estimate of the date of shipment. Danze, Inc. does not guarantee shipping dates and not withstanding anything contained herein to the contrary, Danze, Inc. will not be responsible for any consequential, special or indirect damage of any nature, or any damages that include the loss of profits suffered by purchaser because of late shipping or delivery by Danze, Inc. Return of Good Materials: There will be a minimum 25% restocking charge for authorized returns of brass fittings, a minimum 35% restocking charge for authorized returns of fixtures. Freight cost for return of good material is the responsibility of the customer. Product Modification: Danze, Inc. reserves the right to cancel, modify, change, alter, or re-design products at its sole discretion without liability for potential obsolescence of customers inventory stock. Inspection: The purchaser shall at its sole expense submit all products shipped to a careful inspection upon arrival at delivery point. All claims for damages, defects, errors, shortages or other failure of the products to conform to this agreement or their catalog description shall be delivered to Danze, Inc. in writing within 14 days after such arrival. Failure to make such claim within said time shall constitute acceptance of all products so delivered as conforming to the terms, conditions and specifications hereof, and in no event may the purchaser thereafter revoke such acceptance. Any claims by the purchaser shall be subject to inspection by Danze, Inc. or its authorized agent, to whom the purchaser shall make available access to such products and all relevant information relating to the claim. Taxes: All prices are exclusive of and may be increased by the amount of, any and all applicable excise, sales, use, manufacturer's, value added and other taxes, levies or imposts of a governmental nature whether federal, state or local. Price, Acknowledgement & Cancellations: Prices and terms are subject to change without notice. Loss or Damage in Transit: All products are sold FOB the carrier at Danze, Inc.'s dock, with risk of loss passing to the purchaser at that point. The purchaser is responsible for arranging and paying for all insurance against risk of loss or damage to the products after Danze, Inc. delivers the products into the possession of the carrier. Collection Charges: In the event it becomes necessary to incur any expense for the collection of any overdue accounts, reasonable collection charges, including reasonable attorneys fees, will be added to the balance due and the purchaser shall pay any said charge. Applicable Law: The laws of the State of Illinois shall govern any sale. Modification: These terms and conditions express the entire understanding of the parties hereto with respect to the subject matter hereof. No variation hereof and no agreement modifying or supplementing the terms hereof shall be valid unless in writing and signed by an authorized officer of purchase and Danze, Inc. Non Waiver: Any failure on Danze, Inc.'s part to insist upon the strict performance of any term or condition set forth herein shall not be deemed a waiver of any of Danze, Inc.'s rights or remedies hereunder, nor of it's rights to insist upon the strict performance of the same or any other term hereof in the future. No waiver of any term or condition hereunder shall be valid unless in writing and signed by a duly authorized officer of Danze, Inc. The above terms and conditions do not apply to original equipment manufacturers (OEM) or export sales or purchases made in the United States of America for export purposes. Please contact the OEM or export department at Danze, Inc. for further details. Danze, Inc. 2500 Internationale Parkway Woodridge, IL, USA 60517 t e rm s and condition s

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