C.R. Brophy Machine Works, Inc. -- General Terms of Sale

Terms:

Scheduled discounts and freight deductions allowed if invoice is paid within 10 days of receipt. Net 30 days unless otherwise noted.

Credit:

New customers desiring credit should enclose the names and addresses of three trade references and the name and account number of their bank.

C.O.D.:

Freight discounts do not apply to C.O.D. orders. If the order size meets freight discount requirements, you may prepay the order and receive the freight discount.

Price:

Subject to change without notice.

Minimum Charge:

$10 charge on minimum orders.

Returns:

Merchandise may not be returned for credit without a Return Goods Authorization number (RGA#). Returns without an RGA# will not be accepted. Once authorization has been given, goods must be returned within 30 days. All requests to return goods must include a copy of the invoice and a detailed explanation for the return. Authorized goods must be returned FREIGHT PREPAID and are subject to a 25% restocking charge.

Freight:

All shipments are FCA C.R. Brophy Machine Works, Milwaukie, OR 97222 (Incoterms® 2010) and Freight Collect (continental United States and Canada). Freight deductions are allowed if invoice is paid within 10 days of receipt, when order size meets requirements for freight deductible. Net 30 days unless otherwise noted.

Freight Claims:

Freight shortages or damage claims must be made directly to the freight carrier. Our responsibility ends when the goods have been consigned to a public carrier. For your protection, please count and inspect all merchandise before signing the delivery receipt. Any damages or shortages should be noted on the delivery receipt before you sign it. Concealed damage, found when the merchandise is unpacked, should be reported immediately to the carrier. The shipping carton must be seen by an inspector who will file a claim and give the receiver a signed inspection report.

UPC Code:

Bar coding is available upon request.

ONE YEAR LIMITED WARRANTY

This warranty applies solely to those products manufactured by C.R. Brophy Machine Works, Inc. Products sold but not manufactured by C.R. Brophy Machine Works, Inc. will be subject to the terms and conditions of the original manufacturer's warranty, and are not warranted for any purpose by C.R. Brophy Machine Works, Inc.

If any part or parts manufactured by C.R. Brophy Machine Works, Inc. should prove defective within one year (electrical items are warranted for 90 days) from the date it is delivered new to the purchaser, the product will be replaced or repaired free of charge at the option of C.R. Brophy Machine Works, Inc. when returned with proof of purchase to C.R. Brophy Machine Works, Inc. in Clackamas, OR. The original purchaser shall pay all transportation and shipping charges associated with return of the product and the returned product shall become the property of C.R. Brophy Machine Works, Inc.

This warranty applies only to products which are defective in material or workmanship. This warranty does not cover normal wear and tear. This warranty does not cover service or labor charges which are incurred in removing or replacing any product. This warranty does not cover the finish placed on product by C.R. Brophy Machine Works, Inc. C.R. Brophy Machine Works, Inc. will not replace, repair or refinish any product if the finish on the product is worn in any manner. This warranty does not extend to products which are damaged or which fail due to product being improperly installed, misapplied, altered, abused, overloaded, misused in any manner or as a result of any accident.

This warranty gives you specific legal rights. Any implied warranty of merchantability or fitness for a particular purpose on any Brophy product shall be limited to (1) year from the date of purchase at retail to the original purchaser.

C.R. Brophy Machine Works, Inc. shall not be liable or assume responsibility for the loss of the use of any vehicle, loss of time, rental of vehicle, loss or damage to property, expenses such as gasoline, telephone, lodging, towing, personal injury or death or any other incidental or consequential loss or damage whatsoever incurred as a result of the use or ownership of any products. Replacement of the product in the manner provided above shall constitute fulfillment of all liabilities of C.R. Brophy Machine Works, Inc. to the original purchaser whether based on contract or otherwise. There are no warranties, expressed or implied, except as provided herein.