Terms and Conditions of Sale

Price Prices shown are subject to change without notice and in US Currency unless otherwise noted. Pricing is F.O.B. at York Scientific, Inc.' or warehouse facilities, and does not include shipping, installation, technical labor. Prices are exclusive of all taxes and import duties (if any) now in force or enacted in the future and therefore subject to an increase equal to the amount York Scientific, Inc. may be required to collect associated with the sale and/ or delivery of items herein. York Scientific, Inc. is not responsible for typographical or database pricing errors. Modification of this order by the customer after order acceptance by York Scientific, Inc. may result in a change in price to reflect material and labor expenses incurred by York Scientific, Inc. in making said modifications.

Tax and Duties Prices are exclusive of all taxes now in force or enacted in the future and therefore subject to an increase equal to the amount York Scientific, Inc. may be required to collect or pay associated with the sale or delivery of items herein. If applicable, buyer is responsible to pay for VAT, tarrifs and/or import duties charged by carrier (or otherwise) on behalf of destination country.

Warranty The only applicable warranties will be provided by the manufacturers of the equipment listed herein. Any software is warranted only if, and to the extent of existence of, the applicable manufacturer's warranty and is distributed by York Scientific, Inc. on an as-is basis without warranty by York Scientific, Inc.. York Scientific, Inc. does not warrant that the operation of any equipment or of any programs will be uninterrupted or error free, or that all programming errors will be corrected. York Scientific, Inc. MAKES NO WARRANTIES REGARDING ITS PRODUCTS OR SERVICES (INCLUDING WITHOUT LIMITATION WARRANTIES AS TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) EITHER EXPRESSED OR IMPLIED. York Scientific, Inc. SPECIFICALLY MAKES NO WARRANTIES AS TO THE SUITABILITY OF THE PRODUCTS OR SERVICES FOR ANY PARTICULAR APPLICATION. CUSTOMER ACKNOWLEDGES THAT IT IS CUSTOMER'S CHOICE OF HARDWARE OR SOFTWARE THAT IS AND HAS BEEN THE INSTRUMENTAL FACTOR IN THE SELECTION OF THE PRODUCTS FOR PURPOSES AND USES INTENDED BY THE CUSTOMER. IN NO EVENT SHALL York Scientific, Inc. be liable for special, incidental or consequential damages in connection with, or arising out of, the furnishing, performance or use of any product or services covered by this agreement. Responsibility and/or liability of York Scientific, Inc. shall, in connection with any product or service, be limited in maximum amount to the original purchase price of that product or service. Customer agrees that products and equipment shall be used in manner described by the original manufacturer thereof, otherwise any applicable warranty will become null and void. Any applicable warranty does not cover normal wear and tear and is contingent upon proper storage, installation, use and maintenance in conformance with applicable recommendations of manufacturer.

Payment Payment in full shall be made at the time of placing the order, unless other arrangements have been made. Title passes to the Customer when merchandise is delivered to the Customer (or freight carrier) at York Scientific, Inc.'s or its suppliers' facilities. York Scientific, Inc. reserves the right to make partial shipments. Each shipment shall be a separate transaction and payment shall be made accordingly. If shipments are delayed by Customer for whatever reason, payment shall become due on the originally scheduled shipment date. Customer hereby grants to York Scientific, Inc. a security interest in the equipment as security for the performance by customer of all its obligations in this agreement. Customer agrees to pay any and all expenses incurred by York Scientific, Inc. associated with the collection of any monies owed to York Scientific, Inc. by Customer or Customer's agents.

Delivery Delivery shall be F.O.B. York Scientific, Inc. or its suppliers' facilities, with shipping charges to be pre-paid by Customer to carrier. Regardless of whether shipping arrangements are made by Customer or York Scientific, Inc., risk of loss shall pass to Customer upon delivery by York Scientific, Inc. or York Scientific, Inc.'s supplier, to carrier. In the absence of specific written instructions on the face of this document, York Scientific, Inc. will select the carrier, but shall not thereby incur any responsibility or liability in connection with shipment, nor shall the carrier be construed to be an agent of York Scientific, Inc.. York Scientific, Inc. shall not be liable for any damages or penalty for delay in delivery or for failure to give notice of delay when such delay is due to the elements, acts of God, delays in transportation, delays in delivery by York Scientific, Inc.'s vendors or any other causes beyond the reasonable control of York Scientific, Inc.. The scheduled delivery date shall be extended by a period equal to the time lost because of any such delay.

Acceptance Customer agrees to accept the listed equipment, programs, and programming services under the terms and conditions of this agreement. Customer further agrees, with respect to equipment and programming, to accept responsibility for 1) their selection to achieve the Customer's intended results, 2) their use and 3) the results obtained therefrom. Customer also has the responsibility for the selection and use of, and results obtained from, any other equipment, programs or services used with the equipment and programming. The terms and conditions of sale contained herein supersede all agreements made and purchase orders submitted to and accepted by York Scientific, Inc..All sales shall be final once accepted by Customer. York Scientific, Inc. is under no obligation to refund or exchange merchandise. York Scientific, Inc. is entitled to reasonable storage fees for any merchandise left on its premises. Deposits or prepayments made prior to delivery are also non-refundable.

All matters pertaining to this agreement shall be governed by the laws of the State of New York.

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