ORDERS FOR ITEMS PRODUCED BY OTHERS AND SOLD BY ERICH INDUSTRIES
ARE SUBJECT TO THE FOLLOWING CONDITIONS:

1. ACCEPTANCE AND GOVERNING PROVISIONS. This writing constitutes an offer by Erich Industries, Inc. (seller) to sell the products and/or services described herein. When accepted by buyer, this writing shall constitute the entire agreement between the buyer and seller on the subject hereof, except as amended by a writing signed by seller.
2. PAYMENTS. Payment is due within thirty days of invoice. Any attorney’s fees incurred by the seller in the collection of amounts due will be the responsibility of the buyer. A 1 1/2 percent charge will be added for each month or fraction thereof that any invoice remains unpaid after 30 days from invoice date.
3. SHIPMENT AND DELIVERY. All delivery dates are estimates. Further, seller shall not be liable for delays in delivery resulting from any cause beyond its reasonable control. Unloading is the responsibility of the purchaser. Should manufacturer be required to hold scheduled shipment more than ten (10) days or to interrupt the production of equipment already in progress, a charge will be made for costs of handling and storage, plus a carrying charge of 2 percent per month or fraction thereof applied on the value of the equipment while said equipment is in storage. If purchaser does not take delivery of goods within 90 days, Erich Industries, Inc. shall have the right to increase prices on the account of cost increases. In any event Erich Industries, Inc. must give purchaser reasonable notice of proposed price.
4. RETURNS, CANCELLATION. No products are returnable or are orders subject to cancellation except upon seller's written approval and upon payment of reasonable and proper charges for expenses and costs attributable to such return or cancellation as determined by seller which in most cases shall be at least 35 percent of total invoiced amount in addition to any freight, installation, and removal charges incurred.
5. TAXES. Any manufacture's tax, retailer's occupation tax, sales tax, excise tax, or tax of any nature whatsoever imposed on or measured by the transaction between seller and buyer shall be paid by buyer in addition to the prices quoted or invoiced; and in the event seller is required to pay any such taxes, buyer shall reimburse seller therefor.
6. WARRANTY. Seller warrants the goods covered hereby to the extent that our written warranty details or in the case of products manufactured by others, the manufacturer thereof warrants such goods to seller, and subject to any and all terms, conditions and limitations of the manufacturer's warranty to seller. Seller's obligation, and buyers sole remedy, hereunder is limited to assignment to buyer of seller's warranty claim against the manufacturer.
7. CONSEQUENTIAL DAMAGES; INDEMNITY. Seller shall in no event be liable for any consequential, incidental or special damages, from any cause whatsoever.
8. OTHER. Additional insurance requirements, permits, bonds, being named as an additional insured, etc. are available at additional cost. Any and all applicable rules, regulations, fire codes, governing laws, local ordinances, etc. that may apply to the use of any product purchased by the customer is the responsibility of the customer.