TAH TERMS AND CONDITIONS OF SALE

1. Offer of Sale - Any purchase order issued in response to this offer to sell is considered to be Buyer's acceptance of these Terms and Conditions of Sale. Seller hereby objects to any additional, different or conflicting terms or conditions set forth in Buyer's purchase order. No terms or conditions of Buyer's purchase order shall be effective unless expressly accepted by Seller in writing.
2. Prices, Taxes and Payment - Prices will be those in effect on order date. Written or verbal quotations expire at the end of 30 days, unless otherwise agreed to by Seller in writing. TAH’s minimum order policy is $150. The amount of any present or future duties, taxes or other charges imposed on any transaction between Buyer and Seller shall be added to the prices quoted or invoiced and shall be paid by Buyer. Buyer shall provide Seller with a tax exemption certificate acceptable to the authorities imposing the same. Buyer agrees to pay for Products and any shipping or other charges in full within 30 days from invoice date, unless otherwise agreed in writing. In addition to all other remedies Seller has under applicable law, in the event of Buyer's default, Seller shall have the right to charge interest on overdue balances at the rate of One and One-Half (1.5%) percent per month. Buyer shall also pay all costs of collection including, without limitation, attorney's fees.

   2a. Cost Escalation – Seller reserves the right to amend pricing, even during contracted periods, if raw material or other manufacturing costs escalates beyond 20% from date of contracted price (reference will be taken from Plastic News Index or similar).

3. Warranty - Where warranties are made for specific Products, the terms of those warranties shall apply. For all other Products, Seller warrants only that a Product will be free from defects in materials and workmanship when products are installed and operated in accordance with factory recommendations and instructions. This warranty specifically excludes damages or wear to Products caused by misuse, abrasion, corrosion, negligence, accidents, faulty installation, faulty filling, or by dispensing material incompatible with the Product. Any warranty claims must be made in writing within the warranty period.
   
   The sole liability of Seller and the exclusive remedy of the Buyer arising of the supply or use of a Product, whether arising under contract, tort (including negligence), strict liability or otherwise shall be the modification, adjustment, repair or replacement of the goods, or refund of the purchase price.
   
   SELLER AND BUYER AGREE THAT, IN CONSIDERATION OF THE ABOVE EXPRESS WARRANTY. ALL OTHER WARRANTIES AND GUARANTEES, OTHER THAN TITLE, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED.
4. Shipment and Risk of Loss - Unless different terms are agreed in writing, all prices are F.G.B. Seller's place of business. Method and route of shipment will be at Seller's discretion. Seller reserves the right to make delivery in installments, and all installments invoiced shall be paid for when due per invoice, without regard to the date of subsequent deliveries. Risk of loss or damage to Products shall pass according to the applicable shipping term.
5. Delay in Performance - Seller shall not be in default nor liable for any expense or damage occasioned by a delay in performance due to causes beyond its control, including but not limited to labor disputes, floods, fire, transportation delays, inability to obtain materials, or manufacturing equipment breakdown. !n the event of such delay, the price and other affected terms of the purchase order shall be adjusted to reflect the impact of any delay. If no delivery date is part of this agreement, then delivery shall be subject to reasonable production scheduling by Seller.
6. Laws & Regulations - Products are manufactured in compliance with all applicable requirements of the Fair Labor Standards Act of 1938, as amended, and any regulations or orders issued there under and are capable of being operated in accordance with applicable OSHA standards in effect at time of delivery. Operational compliance with OSHA standards is the responsibility of Buyer. In the event a Product cannot be so operated and noncompliance is solely Seiler's failure, Seller shall repair, replace or modify the Product to permit Buyer to achieve compliance or refund the purchase price.
7. EPA Hazardous Waste Regulations - Because the Seller is not registered as a Treatment, Storage and Disposal Facility, the Seller cannot accept return of any dispense valve that has been used, nor any fluid reservoir (such as tanks, cartridges and retainer assemblies, or liquid manifolds) that has been contaminated by any fluid. In the case of dispense valve repair, the returned valve must be completely clean and free of fluid contamination. If incoming inspection determines that there is evidence of fluid contamination on any part, that part will be immediately returned to the shipper. If disposal is required by the Seller, complete disposal charges will be billed back to the Buyer.
8. Indemnification - If Seller's Product has been modified or altered in anyway by any party other than Seller after shipment, or if any party other than Seller has misused, misapplied, damaged or been guilty of negligence in relation to a Product, Buyer agrees to hold Seller harmless and indemnify it against any loss, cost, damage or liability paid or incurred by Seller: (a) from any and all third party claims; or (b) resulting from any recall, inspection, testing replacement or corrosion of any Product; or (c) resulting from the violation of any law, regulation, rule, order or restriction of any governmental authority resulting from or incident to the sale of a Product to Buyer; or (d) resulting from any actual or allege infringement of any patent, copyright or similar common or civil law right of third party resulting from sales of a Product to Buyer; and any costs of defense, attorney's fees, inspector's fees and/or costs of testing incident to any of the foregoing.
   
   Seller agrees to indemnify Buyer from and against all claims, demands and suits based on allegations that the Product designed and manufactured by Seller constitutes an infringement of any patent, if Seller is notified promptly of the assertion of any such allegation, and if Seller is given authority to defend the same and reasonable information and assistance for the defense of the same. Upon notification of an infringement claim, Seller reserves the right to do any of the following, at no cost to the Buyer:

   (a) Procure for the Buyer the right to continue using the Product; or
   (b) Replace the same with non-infringing Product; or
   (c) Modify the Product so that it becomes non-infringing.

9. Limitation of Liability - Seller shall not be liable, whether arising under contract, tort {including negligence), strict liability, or otherwise, for loss of anticipated profits, loss by reason of plant shutdown, non-operation or increased expense of operation, cost pf money. loss of use of equipment, capital or revenue, or for any economic or consequential loss or damage. Seller's maximum liability, whether arising from breach of contract, tort (including negligence), strict liability, breach of warranty or otherwise shall not exceed the purchase order price.
10. Governing Law - Any contract resulting from this offer to sell shall be governed by the laws of the State of New Jersey.

Returns

TAH’s commitment is to have satisfied customers. Occasionally, for various reasons, it may be necessary for you to return products to TAH. This policy covers most return situations. The conditions are designed to be fair to all our customers and provide internal cost control so we can maintain our value pricing. If you have any questions, please call Customer Service at 800-257-5238 or 1-609-259-9222.

If we make a mistake with your order, we apologize for your inconvenience. Please contact us, and we will ship the correct Product immediately. We will provide a credit upon receipt of the returned material.

If you make a mistake and order the wrong Product or decide that you want a different Product, or prefer to return a Product with no replacement, our conditions are:

1.) If you return the Product within 30 days, we provide credit without a restocking charge.
2.) After 30 days, there is a 15% inspection and restocking charge.
3.) Products will not be accepted for return after 90 days from date of invoice. These conditions apply to Products returned in new condition, original packing and undamaged. All such returns must be authorized in writing by TAH on a Return Material Authorization (RMA) form.

If any Product is not complete, or is damaged and requires replacement, repair and repackaging, our standard repair charges will apply, and these charges will be deducted from your credit. You will be advised of the details of these charges before they are incurred.

Exceptions:
1.) Any box that has been opened cannot be returned for credit.
2.) Any cartridge or dispense valve that has been damaged or contaminated cannot be returned.

Cancellations

Customer orders may not be cancelled without TAH’s written consent. Customer agrees to indemnify TAH against all loss, damage or expense incurred due to cancellation including but not limited to the cost of special materials, cost of custom or non-stock Products completed or in process, overhead, and any reasonable costs incurred to collect such losses from Customer.

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