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Kapsch TrafficCom USA, Inc. 1 =7PSC/�T -, -> <br />Page 1 <br />TERMS AND CONDITIONS <br />1. ACCEPTANCE. Prices quoted are firm for 60 days unless otherwise stated in quotation. Acceptance of <br />your order is expressly conditional upon acceptance of these Terms, which shall constitute the complete <br />agreement. No waiver or modification of any Terms shall be binding on Seller unless made in writing and <br />signed by the Seller's authorized representative, <br />2. PRICE ADJUSTMENTS. If shipment is delayed for any reason by Purchaser, Seller may adjust prices <br />based on prevailing conditions and add all costs caused by the delay. Seller may store the products at <br />which time the risk of loss shall pass to Purchaser and all storage expenses shall be paid by Purchaser. <br />3. TAXES. Prices quoted do not include any property, sales, use or other taxes levied on the equipment, <br />services, or this agreement. Purchaser shall pay for such taxes unless Purchaser furnishes a proper tax <br />exemption certificate. <br />4. TERMS OF PAYMENT, <br />A. All invoices are due 15 days from invoice, and payable in U.S. funds, free of any exchange or other <br />charges. <br />B. Purchaser shall, without formal notice, be liable for interest on past due amounts at 3% over the prime <br />rate. <br />C. All shipments shall be subject to the ongoing approval of Seller's Credit Department. <br />5. DELIVERY. Seller shall, after consulting Purchaser, deliver products KO.B. point of shipment, with <br />freight invoiced to Purchaser. <br />For any shipment, Purchaser must unpack immediately and if damage is discovered must: a) not remove <br />product from point of examination unless necessary to protect the product; b) retain shipping container <br />and packing material; c) notify carrier's agency to make inspection; d) send Seller's copy of carrier's <br />inspection report; and e) take necessary steps to protect the equipment from any damage. In no event is <br />Seller liable for any claims or damages if these steps are not followed. <br />6. CHANGE ORDER. If Purchaser requests changes in the scope of work, Seller shall review the request <br />and notify Purchaser of the effect on price, delivery, performance, and other contract terms by Seller <br />under the order or contact. <br />All Change Orders shall state the adjustment to scope of work, contract price, and other relevant terms. <br />No change shall bind Seller unless made in writing and signed by Seller's authorized representative. <br />7. DELAY. Seller shall not be liable for delays due to causes beyond its control, including without limitation, <br />acts or omissions of Purchaser, acts of God, Government regulations, fires, strikes, floods, riot, war, <br />embargoes, transportation delays, or inability to obtain labor, materials, or manufacturing facilities <br />despite diligent efforts. In no event shall the contract be canceled by Purchaser, due to delays or any <br />other cause, except by written agreement (see Termination paragraph 13). No damages for late <br />shipment may be assessed against Seller. <br />8. WARRANTIES. Seller warrants the equipment and services of its own manufacture against defects in <br />material and workmanship for one year* from delivery or, if installed by Seller, for one year* from <br />Kapsch TrafflcCone USA, Inc. 1 4256 Hacienda Drlve, $0110 100 1 Pleasanton, CA 94588 1 Phone 925 225 1600 1 Fax 925 225 1610 1 w .kapsch.us <br />251 -18 <br />