4N953 Old LaFox Rd. Unit B
St. Charles, IL 60175
U.S.A.
(520)439-9204
Page 1 of 2
BeStar Technologies Inc., Terms and Conditions of Sale
1. Parties. BeStar Technologies Inc. an Illinois corporation, will be referred to as "Seller", and the person or company purchasing as indicated on
the front hereof will be referred to as "Buyer". All materials, goods, or work described on the front hereof, regardless of type, will be referred to
as "Products".
2. Price Adjustments; Payments. The prices stated herein do not include any sales, use, or other taxes unless so stated specifically. Such taxes will
be added to invoice prices in those instances in which Seller is required to collect them from Buyer; provided, however, that if Seller does not
collect any such taxes and is later asked by or required to pay the same to any taxing authority, Buyer will make such payment to Seller or, if
requested by Seller, directly to the taxing authority. At Seller's option, prices may be adjusted to reflect any increase in the costs of Seller
resulting from state, federal or local legislation, or any change in the rate, charge, or classification of any carrier. Unless otherwise specified by
Seller, all prices are F.O.B. Seller's warehouse from which shipment is made, and payment will be net/cash 30 days from date of invoice. Invoices
unpaid and past due will be subject to a service charge on the unpaid balance at an interest rate equal to the lesser of eighteen percent (18%) per
annum or the maximum allowable interest rate under applicable law, and Buyer shall be responsible and liable for all expenses incurred by Seller
in collection, including reasonable attorneys' fees.
3. Delivery Dates; Title and Risk; Shipment. All delivery dates are approximate, and Seller shall not be responsible for any damages of any kind
resulting from any delay. Regardless of the manner of shipment, title to any Products and risk of loss or damage thereto shall pass to Buyer upon
tender to the carrier at the factory or warehouse of Seller, except in those instances in which delivery is made by Seller's vehicles. Unless
otherwise stated herein, Buyer may exercise its judgment in choosing the carrier and means of delivery. No deferment of shipment at Buyer's
request beyond the respective dates indicated will be made except on terms that will indemnify Seller against all loss and additional expense,
including, but not limited to demurrage, handling, storage and insurance charges.
4. Warranty. Seller warrants its Products to be free from defects in material and workmanship, for a period of 3 months from the date of delivery
to Buyer, or 100 hours of operation, whichever is less, under normal and proper use in accordance with instructions of Seller. Seller's liability
under such warranty shall be limited to the repair, or at Seller's option, the replacement or refund of the purchase price, of any Products or parts or
components thereof which are returned to Seller freight prepaid and which are defective in material or workmanship. Products or parts or
components thereof which are repaired or replaced by Seller will be returned to Buyer freight collect.
This warranty is not intended to cover consumer products, as defined in the Magnuson-Moss Warranty-Federal Trade Commission Improvement
Act, 15 U.S.C. §§ 2301-12, which are purchased by Buyer for purposes other than resale. If Buyer is not intended to resell the Products, and if the
Products are consumer products as defined in the Magnuson-Moss Act, the foregoing warranty, but not the limitation of Seller's liability, shall be
null and void. EXCEPT AS EXPRESSLY STATED ABOVE, SELLER MAKES NO WARRANTY, EXPRESS OR IMPLIED, WHETHER OF
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE OR OTHERWISE, ON THE PRODUCTS, OR ON ANY
PARTS OR LABOR FURNISHED DURING THE SALE, DELIVERY OR SERVICING OF THE PRODUCTS.
5. Claims; Commencement of Actions. Buyer shall promptly inspect all Products upon delivery. No claims for shortages will be allowed unless
such shortages are reported to Seller within 10 days after delivery. No other claims against Seller will be allowed unless asserted in writing within
60 days after delivery or, in the case of an alleged breach of warranty, within 60 days after the date within the warranty period on which the
defect is or should have been discovered by Buyer. Any lawsuit or other action based upon breach of this contract or upon any other claim arising
out of this sale (other than an action by Seller for any amount due to Seller by Buyer) must be commenced within one year from the date of the
tender of delivery by Seller or, in the case of a cause of action based upon an alleged breach of warranty, within one year from the date within the
warranty period on which the defect is or should have been discovered by Buyer.
6. LIMITATION OF LIABILITY. IN NO EVENT SHALL SELLER BE LIABLE TO BUYER FOR ANY SPECIAL, INDIRECT,
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR AS THE RESULT OF, THE SALE, DELIVERY, NON-
DELIVERY, SERVICING, USE OR LOSS OF USE OF THE PRODUCTS OR ANY PART THEREOF, OR FOR ANY CHARGES OR
EXPENSES OF ANY NATURE INCURRED WITHOUT SELLER'S WRITTEN CONSENT, EVEN THOUGH SELLER HAS BEEN
NEGLIGENT. IN NO EVENT SHALL SELLER'S LIABILITY UNDER ANY CLAIM MADE BY BUYER EXCEED THE PURCHASE
PRICE OF THE PRODUCTS IN RESPECT OF WHICH DAMAGES ARE CLAIMED.
7. Contingencies. Seller shall not be liable for any default or delay in performance if caused, directly or indirectly, by acts of God; war; force of
arms; fire; the elements; riot; labor disputes; picketing or other labor controversies; sabotage; civil commotion; accidents; any governmental
action, prohibition or regulation; delay in transportation facilities; shortage or breakdown of or inability to obtain or non-arrival of any labor,
material or equipment used in the manufacture of the Products; failure of any party to perform any contract with Seller relative to the production
of the Products; or from any cause whatsoever beyond Seller's control, whether or not such cause be similar or dissimilar to those enumerated.
Seller shall promptly notify Buyer of the happening of any such contingency and of, the contemplated effect thereof on the manufacture and
delivery of the Products.
8. Loss to Buyer's Property; Patent, Trademark, or Copyright Infringement, Etc. Seller shall not be liable for, and shall have no duty to provide
insurance against, any damage or loss to any goods or materials of Buyer which are used by Seller in connection with this order. Where any
Product is manufactured from patterns, plans, drawings, or specifications furnished by Buyer, Buyer shall indemnify Seller against and save
Seller harmless from all loss, damage, and expense arising out of any suit or claim against Seller for infringement of any patent, trademark, or
copyright because of Seller's manufacture of such Product or because of the use or sale of such Product by any person. Upon Seller's request,
Buyer shall appear in and assume the defense of the litigation.