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1. These terms and conditions are an inseparable part of the order. An order resulting from this quotation accepts all these terms and conditions, and Hennig, Inc. rejects any addition to, alteration of, or attempt at alteration of these terms and conditions in any order. This quotation, any order resulting from this quotation and any acceptance of such an order shall be construed according to the laws of the State of Illinois.

2. This quotation is subject to withdrawal without notice. No customer orders are binding upon Hennig, Inc. unless and until the order’s acceptance is confirmed by Hennig, Inc. and its Credit Department in writing. Any errors in this quotation may be corrected by Hennig, Inc.

3. Before Hennig, Inc. can process an order for production and shipment, the order must clearly state in writing the following:
       a. Name of the company to be billed
       b. Address of company to be billed
       c. Shipping instructions for order
       d. Whether order is for resale
               i.  Taxable
               ii. Exempt

4. When an order adds to the subject matter of this quotation, Hennig, Inc. may accept the order or may requote the order.

5. Working drawings or other materials provided by Hennig, Inc. are provided as general information, which may not relate to the customer’s order. Specifications in such materials provided by Hennig, Inc., unless expressly made binding on Hennig, Inc., in this quotation. Hennig, Inc. may alter design or construction details.

6. This quotation, and the drawings, specifications and other materials which Hennig, Inc. supplies to customer (“materials”) are the property of Hennig, Inc. and shall be kept confidential by the customer. Customer shall return the materials at Hennig, Inc.’s request, and the materials may not be used by or transferred to any other person or entity without Hennig, Inc.’s written permission.

7. The customer may only cancel an order placed with Hennig, Inc. on the following conditions:
       a. Consent of Hennig, Inc.
       b. Payment by the customer of the following to Hennig, Inc.
               i.   For completed products, the contract price.
               ii.  For partially completed products, Hennig, Inc.’s actual cost incurred normal profit for the entire order, as liquidated damages.
               iii. Cancellation charges for purchases based on the order.
               iv. Delivery charges, if customer desires delivery. On payment of these charges, Hennig, Inc. will deliver the product to the customer “as is”. Such products bear no warranty of any kind.

8. If the customer asks for a delay in shipment of a product after Hennig, Inc. has accepted the order, the purchase price is due and owing thirty (30) days after the product is ready for shipment.

9. Hennig, Inc.’s liability and the liability of any affiliate is limited to the purchase price of the service, product or part that gives rise to the claim.

10. All quotations are F.O.B. shipping point or port of entry unless, other specified by Hennig, Inc. On Hennig, Inc. delivery of any product to the carrier for shipment to the customer, the carrier shall be acting for the customer, and the customer, and the customer shall bear all risk of loss to the product. Until Hennig, Inc. has been paid in full, Hennig, Inc. may stop any product in transit and repossess it, notwithstanding delivery to a carrier.

PRICES

1. Hennig, Inc. quotes all prices in United States currency. The customer must pay for all orders in United Sates currency, unless otherwise agreed by Hennig, Inc. in writing.

2. Hennig, Inc. quotes all prices F.O.B. shipping point or port of entry, freight collect, unless otherwise agreed by Hennig, Inc. in writing.

3. All sales are subject to applicable federal, state, county or city use, sales, excise or other tax. Customer agrees to pay applicable taxes, or to provide Hennig, Inc. with proof of tax exemption acceptance to relevant tax authority.

4. At the customer’s request, Hennig, Inc. will provide service personnel to install its products or to train a customer’s employee to operate and maintain Hennig, Inc.’s products properly. Hennig, Inc. will charge customer for those services at its regular service rates then in effect. The services will be scheduled as Hennig, Inc. personnel are available, subject to the mutual agreement of Hennig, Inc. and customer.

5. Prices subject to change without notice.

PAYMENT TERMS

1. Unless otherwise specifically stated in this quotation (which specific statement shall be controlling), open credit is granted to the customer, subject to credit approval at the time of acceptance of order. Open credit payment terms are net 30 days.

2. Hennig, Inc. may withdraw open credit terms at any time, without notice. After such withdrawal or when customer has not been granted open credit, customer must pay in advance or pay cash on delivery, at Hennig, Inc.’s option, for any further orders or any portions of orders.

3. Customer agrees to pay Hennig, Inc.’s reasonable attorneys’ fees and other costs of collection incurred because customer’s failure to perform the terms of this quotation or to pay for an accepted order in accord with its terms.

4. Hennig, Inc. may assess a service charge on invoices or other charges not paid when due.

5. Hennig, Inc. may stop work on any order or stop delivery on any order if customer has failed to perform terms of this quotation.

6. Hennig, Inc.’s damages for customer’s failure to perform the terms of this quotation and any accepted order shall include, but not be limited to, Hennig, Inc.’s actual costs plus its normal profit for all work in progress.

7. All products remain the property of Hennig, Inc. until customer has performed all the terms of this quotation. Hennig, Inc. retains a security interest in all products until paid in full. Customer agrees to execute and to cooperate in preparing all documents necessary and convenient to creation and perfection of Hennig, Inc.’s security interest.

RETURNED MERCHANDISE

1. Customer may not return Hennig, Inc. products without a Hennig Return Material Authorization Number. Hennig, Inc. may re-ship unauthorized returns and returns without a Hennig Return Material Authorization Number to the customer at the customer’s expense.

2. All merchandise to be returned must be shipped prepaid, F.O.B. Hennig, Inc.

3. Hennig, Inc. may deduct a restocking charge from any credit to the customer for returned merchandise.

WARRANTY

1. All Hennig, Inc. warranties are provided to the customer upon request. Hennig, Inc. makes no other warranties, express or implied by law or usage. Customer expressly waives any warranties other than those provided by Hennig, Inc. Hennig, Inc. makes no warranty of merchantability or fitness for a particular purpose, and any descriptions of Hennig, Inc.’s goods or services in this Quotation is to identify those goods or services and is not a warranty.

2. As described in Hennig, Inc.’s warranties, Hennig, Inc.’s liability is limited to repair or replacement of the products and must first be authorized in writing by Hennig, Inc. before Hennig, Inc. becomes liable for such repairs or replacements.

3. Customer is responsible for the use and operation of Hennig, Inc.’s products in a safe manner, including using and operating the products according to Hennig, Inc. manuals and instruction sheets and according to Occupational Safety and Health Administration (“OSHA”) or other federal and state standards and regulations. Customer shall not remove from, or allow to be removed from, the product any safety device, warning, manual, instruction sheet or work handling tools.

4. Hennig, Inc. does not warrant that its products meet OSHA or other federal or state regulations or standards, and Hennig, Inc. is not liable for any fines, penalties or consequential damages based on those regulations or standards.

Quotation

1. These terms and conditions are an inseparable part of the quotation. An order resulting from this quotation accepts all these terms and conditions, and Hennig, Inc. rejects any addition to, alteration of, or attempt at alteration of these terms and conditions in any order. This quotation, any order resulting from this quotation and any acceptance of such an order shall be construed according to the laws of the State of Illinois.

2. This quotation is subject to withdrawal without notice. No customer orders are binding upon Hennig, Inc. unless and until the order’s acceptance is confirmed by Hennig, Inc. and its Credit Department in writing. Any errors in this quotation may be corrected by Hennig, Inc.

3. Before Hennig, Inc. can process an order for production and shipment, the order must clearly state in writing the following:
       a. Name of the company to be billed
       b. Address of company to be billed
       c. Shipping instructions for order
       d. Whether order is for resale
               i.  Taxable
               ii. Exempt

4. When an order adds to the subject matter of this quotation, Hennig, Inc. may accept the order or may requote the order.

5. Working drawings or other materials provided by Hennig, Inc. are provided as general information, which may not relate to the customer’s order. Specifications in such materials provided by Hennig, Inc., unless expressly made binding on Hennig, Inc., in this quotation. Hennig, Inc. may alter design or construction details.

6. This quotation, and the drawings, specifications and other materials which Hennig, Inc. supplies to customer (“materials”) are the property of Hennig, Inc. and shall be kept confidential by the customer. Customer shall return the materials at Hennig, Inc.’s request, and the materials may not be used by or transferred to any other person or entity without Hennig, Inc.’s written permission.

7. The customer may only cancel an order placed with Hennig, Inc. on the following conditions:
       a. Consent of Hennig, Inc.
       b. Payment by the customer of the following to Hennig, Inc.
               i.   For completed products, the contract price.
               ii.  For partially completed products, Hennig, Inc.’s actual cost incurred normal profit for the entire order, as liquidated damages.
               iii. Cancellation charges for purchases based on the order.
               iv. Delivery charges, if customer desires delivery. On payment of these charges, Hennig, Inc. will deliver the product to the customer “as is”. Such products bear no warranty of any kind.

8. If the customer asks for a delay in shipment of a product after Hennig, Inc. has accepted the order, the purchase price is due and owing thirty (30) days after the product is ready for shipment.

9. Hennig, Inc.’s liability and the liability of any affiliate is limited to the purchase price of the service, product or part that gives rise to the claim.

10. All quotations are F.O.B. shipping point or port of entry unless, other specified by Hennig, Inc. On Hennig, Inc. delivery of any product to the carrier for shipment to the customer, the carrier shall be acting for the customer, and the customer, and the customer shall bear all risk of loss to the product. Until Hennig, Inc. has been paid in full, Hennig, Inc. may stop any product in transit and repossess it, notwithstanding delivery to a carrier.

PRICES

1. Hennig, Inc. quotes all prices in United States currency. The customer must pay for all orders in United Sates currency, unless otherwise agreed by Hennig, Inc. in writing.

2. Hennig, Inc. quotes all prices F.O.B. shipping point or port of entry, freight collect, unless otherwise agreed by Hennig, Inc. in writing.

3. All sales are subject to applicable federal, state, county or city use, sales, excise or other tax. Customer agrees to pay applicable taxes, or to provide Hennig, Inc. with proof of tax exemption acceptance to relevant tax authority.

4. At the customer’s request, Hennig, Inc. will provide service personnel to install its products or to train a customer’s employee to operate and maintain Hennig, Inc.’s products properly. Hennig, Inc. will charge customer for those services at its regular service rates then in effect. The services will be scheduled as Hennig, Inc. personnel are available, subject to the mutual agreement of Hennig, Inc. and customer.

5. Prices subject to change without notice.

PAYMENT TERMS

1. Unless otherwise specifically stated in this quotation (which specific statement shall be controlling), open credit is granted to the customer, subject to credit approval at the time of acceptance of order. Open credit payment terms are net 30 days.

2. Hennig, Inc. may withdraw open credit terms at any time, without notice. After such withdrawal or when customer has not been granted open credit, customer must pay in advance or pay cash on delivery, at Hennig, Inc.’s option, for any further orders or any portions of orders.

3. Customer agrees to pay Hennig, Inc.’s reasonable attorneys’ fees and other costs of collection incurred because customer’s failure to perform the terms of this quotation or to pay for an accepted order in accord with its terms.

4. Hennig, Inc. may assess a service charge on invoices or other charges not paid when due.

5. Hennig, Inc. may stop work on any order or stop delivery on any order if customer has failed to perform terms of this quotation.

6. Hennig, Inc.’s damages for customer’s failure to perform the terms of this quotation and any accepted order shall include, but not be limited to, Hennig, Inc.’s actual costs plus its normal profit for all work in progress.

7. All products remain the property of Hennig, Inc. until customer has performed all the terms of this quotation. Hennig, Inc. retains a security interest in all products until paid in full. Customer agrees to execute and to cooperate in preparing all documents necessary and convenient to creation and perfection of Hennig, Inc.’s security interest.

RETURNED MERCHANDISE

1. Customer may not return Hennig, Inc. products without a Hennig Return Material Authorization Number. Hennig, Inc. may re-ship unauthorized returns and returns without a Hennig Return Material Authorization Number to the customer at the customer’s expense.

2. All merchandise to be returned must be shipped prepaid, F.O.B. Hennig, Inc.

3. Hennig, Inc. may deduct a restocking charge from any credit to the customer for returned merchandise.

WARRANTY

1. All Hennig, Inc. warranties are provided to the customer upon request. Hennig, Inc. makes no other warranties, express or implied by law or usage. Customer expressly waives any warranties other than those provided by Hennig, Inc. Hennig, Inc. makes no warranty of merchantability or fitness for a particular purpose, and any descriptions of Hennig, Inc.’s goods or services in this Quotation is to identify those goods or services and is not a warranty.

2. As described in Hennig, Inc.’s warranties, Hennig, Inc.’s liability is limited to repair or replacement of the products and must first be authorized in writing by Hennig, Inc. before Hennig, Inc. becomes liable for such repairs or replacements.

3. Customer is responsible for the use and operation of Hennig, Inc.’s products in a safe manner, including using and operating the products according to Hennig, Inc. manuals and instruction sheets and according to Occupational Safety and Health Administration (“OSHA”) or other federal and state standards and regulations. Customer shall not remove from, or allow to be removed from, the product any safety device, warning, manual, instruction sheet or work handling tools.

4. Hennig, Inc. does not warrant that its products meet OSHA or other federal or state regulations or standards, and Hennig, Inc. is not liable for any fines, penalties or consequential damages based on those regulations or standards.

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