Environmental Water Systems CWL CHLORAMINE 1865 User Manual

Page 17

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Invoices are expressly limited to and made conditional upon the terms and conditions contained herein. Objection by Buyer to any

of the terms contained herein shall be deemed to have been waived (if not previously waived) if written notice of the objection is not

received by EWS, Inc. (“EI”) within ten calendar days of the date of the first invoice or before part of the described goods are accepted

by Buyer, whichever occurs first. Any additional or different terms proposed by Buyer are rejected unless assented to in writing by EI.

1. PRICES: All prices are in U.S. dollars. Prices are subject to change without notice. Orders will be invoiced at prices prevail-

ing at time of shipment. All prices are F.O.B. our warehouse, Southern California and exclusive of any shipping, delivery, packaging

or handling charges that may apply.

2.

TERMS OF PAYMENT: The terms of payment on approved accounts only shall be net thirty days in U.S. dollars from the

date of invoice to date of receipt of payment in our offices for all invoiced products whether partial or complete delivery of the product

under order. All past due accounts are subject to a charge of 11/2% per month (18% per annum) for each month or fraction of a month

on the unpaid balance.

3. TAXES: Prices do not include sales, use, excise or similar taxes. The amount of any present or future sales, use, excise or

other tax applicable to the sale or use of EI’s products or equipment shall be paid by the Buyer unless the Buyer shall have provided

EI with a tax exemption certificate acceptable to taxing authorities.

4. ACCEPTANCE: All purchase orders are subject to acceptance by EI at its corporate offices in Las Vegas, Nevada and are

subject to these Standard Conditions of Sale, unless otherwise expressly provided.

5. SHIPMENTS: Delivery to carrier shall constitute delivery to customer. EI’s responsibility terminates upon delivery in good order

to carrier. All goods are shipped at the customer’s risk. Any claim for loss or damage in transit should be made promptly by customer

against carrier. These and other shipment terms are written clearly on the reverse side of all packing slips that accompany all accepted

shipments. All costs of freight, transportation, handling, in-route storage, certification and other documentation are to be paid by Buyer.

Any other terms will be issued to Buyer, in writing, with approved credit and an established EI/Buyer relationship.

6.

DELAYS; FORCE MAJEURE: EI shall not be liable for delays in delivery of the goods or failure to deliver the goods caused,

in whole or in part, by inability to obtain transportation, equipment, or material, insurrection, fires, floods, storms, embargoes, action

of any military or civil authorities, whether legal or de facto, strikes, labor difficulties, lockouts, acts of God, or other similar or different

circumstances beyond the control of EI.

7. CANCELLATION: The Buyer may not cancel all or part of an order without verifiable notification to, and acceptance by EI.

8.

RETURN OF MATERIALS: No Product may be returned to EI without written approval by a Company Officer. A restocking

charge of 25% will be assessed (45% if unit had been used) NO EXCEPTIONS. Product must be returned freight pre-paid, boxed and

in resale condition. EI will never take responsibility, under warranty or return, for improperly installed and/or misrepresented units.

9.

SELLER’S SECURITY INTEREST: EI shall retain a security interest in the goods sold hereunder until Buyer has paid in full

for such goods provided by EI in connection therewith and has performed all of Buyer’s obligations under this contract.

10. COLLECTION: Buyer shall reimburse EI for all costs of collection, including reasonable attorney’s fees, incurred by EI to

collect any monies owing under this contract. A $45.00 service charge will be invoiced on all returned checks.

11.

WAIVER AND MODIFICATION: No waiver or modification of any of these Standard Conditions of Sale shall be effective

unless such waiver or modification is in writing and signed by an officer of the Company in Las Vegas, Nevada. In event any part of

these conditions be waived, or be held to be invalid by any competent court, the remainder shall continue in force and shall be inter-

preted as if such waived or invalid part were not contained herein.

Published and Printed in the U.S.A.

EWS Inc./Environmental Water Systems

9101 W. Sahara Ave., Suite # 105-J8, Las Vegas, Nevada 89117

ph 702-256-8182, fx 702-256-3744 [email protected]

(formerly, Esbinco, Inc.) rev: 1/11

www.ewswater.com

EWS, Inc. has a current, published, and widely distributed, Pricing Guide that contains suggested list prices for certain water filtration

and conditioning products (“Products”) sold by EWS, Inc. (“Seller”). Seller assumes no obligation to sell to anyone any of the Products

listed herein, known or unknown, at any price.

This current Pricing Guide has been prepared for the convenience of Seller’s distributors and their customers. The list prices

shown are guides only and do not purport to represent actual prices in any particular market and are not intended to interfere with the

right and responsibility of Seller’s distributors to establish their own resale prices.

All current prices herein set forth supersede all prior lists and are subject to change without notice. Seller may also, from time to

time, change, modify, alter, improve and/or discontinue without notice the sale of any of the Products listed herein.

All seller’s orders are accepted and delivered based upon the Terms and Conditions found on this Pricing Policy page, found in

this Pricing Guide, available in all Seller’s Product Manuals and reprinted on the reverse side of all invoices submitted and monthly

statements sent. Please read them carefully. They provide information that is important to Seller’s distributors and their customers.

PRICING POLICY

GENERAL TERMS AND STANDARD CONDITIONS OF SALE

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