Terms and Conditions of Sale

1. ACCEPTANCE - Any purchase order issued is considered Buyer's acceptance of the terms & conditions contained herein. FoxJet hereby objects to any additional, different or conflicting terms or conditions set forth in Buyer's purchase order. No terms or conditions of Buyer's purchase order shall be effective unless accepted by FoxJet in a signed document expressly stating an intent to accept such term or condition.
2. ENTIRE AGREEMENT - The provisions herein set forth constitute the entire terms & conditions of sale between FoxJet and Buyer and supersede all prior Agreements, purchase orders, correspondence and other communication, whether written or oral, between FoxJet and the Buyer. No provision of these Terms and Conditions of Sale shall be subject to change except by the written authorization of a properly authorized representative of FoxJet.
3. PRICES/PAYMENT - Unless otherwise provided in this Agreement, terms of payment are net thirty (30) days and prices are Ex-Works FoxJet's factory exclusive of sales or use taxes. All payments shall be in the legal currency of the United States unless otherwise designated in the Agreement. All prices are subject to exception or change without notice. Pricing errors may be corrected at any time. FoxJet may, at any time and without obligation, suspend performance or require payment in cash, security, or require other adequate assurances satisfactory to FoxJet when, in the opinion of FoxJet in its sole discretion, the financial circumstances of Buyer warrant such action.
4. TAXES AND DUTIES - The amount of all applicable taxes (federal, state or local) will be charged unless the purchase order clearly states that the equipment or goods are tax exempt and an exemption certificate is on file at FoxJet's location. Any personal property taxes assessable on the equipment or goods required for delivery shall be borne by Buyer.
5. DELIVERY - Deliveries shall be Ex-Works Factory unless otherwise stated in this Agreement. Shipping dates given by FoxJet are approximate and are based on prompt receipt of all necessary information regarding the order. FoxJet will use all reasonable efforts to meet the scheduled date shown on the face hereof, but does not guarantee to do so. Failure to make shipments as scheduled does not constitute a cause of cancellation and/or for damages of any character. In the event of any delay requested by Buyer or any delay caused by lack of shipping instructions, FoxJet will store all items ordered at Buyer's expense and risk and will invoice Buyer for the full contract price of the equipment or goods on or after the date on which the same is ready for delivery.
6. TITLE AND RISK OF LOSS - Risk of loss or damage to the equipment or goods shall pass to Buyer Ex-Works FoxJet's plant. Buyer will keep the equipment or goods insured to the full purchase price with FoxJet as the named loss payee and FoxJet retains a security interest in the equipment or goods until the purchase price is paid.
7. ENGINEERING DATA - All Engineering data, design information, engineering and shop drawings used on the completion of this order are the property of FoxJet.
8. PATENT INDEMNIFICATION - FoxJet agrees to indemnify Buyer from and against all claims based on allegations that the equipment or goods designed and manufactured by FoxJet constitutes an infringement of any patent, if FoxJet is notified promptly of the assertion of any such allegation, and if FoxJet is given authority to defend the claim and reasonable information and assistance for the defense of the claim. Upon notification of an infringement claim, FoxJet reserves the right to do any of the following, at no cost to Buyer: (a) Procure for Buyer the right to continue using the equipment; or (b) Replace the equipment with non-infringing equipment; or (c) Modify the equipment so that it becomes non-infringing. FoxJet does not assume liability for the infringement of any method and/or process patent or for infringement of any patent covering articles manufactured or produced in accordance with Buyer's design.
9. RETURNS - No goods requiring repair or alleged to be defective may be returned without authorization and a Return Materials Authorization (RMA) by FoxJet. Under no circumstances may products be returned without prior approval from FoxJet. Standard stock items must be in unused condition, as determined by FoxJet. Buyer's request for return must be received no later than 60 days from the date of shipment from FoxJet's factory. If FoxJet authorizes return, products must be received by FoxJet within 30 days of Buyer's receipt of RGA. Returned products must be always shipped Buyer F.O.B. destination, freight prepaid and allowed, and properly packaged to protect against damage.

10. WARRANTY AND LIMITATION OF LIABILITY - FoxJet's sole warranty is set forth under separate attachment.  WARRANTY STATEMENT

11. HANDLING CHARGES - Orders less then $100.00 are subject to $20.00 handling charge.
12. GOVERNING LAW - THIS AGREEMENT AND ALL SALES SHALL BE GOVERNED BY THE LAWS OF THE STATE OF ILLINOIS. Any legal action to enforce any right granted by this Agreement must be filed within one (1) year after delivery, or for warranty claims, within one (1) year of the expiration of the applicable warranty period.
13. CREDIT POLICY - Credits expire one year after the date of issue and can only be applied to the purchase of products and services offered by the FoxJet Marking & Coding Group.