Monroe Engineering Group LLC

6. Terms of Payment: Payment shall be made to Company at its office in Auburn Hills, MI, or as directed by the Company and shall be due and payable as set forth on the face of Company’s invoice. Service charges are payable on overdue invoices at an amount of 1.5% per month or the maximum legal rate, whichever is less. All orders and shipments shall at all times be subject to the approval of the Company’s credit department. The Company reserves the right of declining to accept any order or make any shipment whenever, for any reason, there is doubt as to Buyer’s financial responsibility and Company shall not in such event be liable for breach or non-performance, in whole or part.

“Terms of Payment” · MONROE ENGINEERING PRODUCTS, LLC · open the document (PDF)

2. Delivery Date: All scheduled delivery dates are estimates based on a normal workload and all deliveries are subject to change without liability to the Company. Delivery of ten percent more, or less, of the quantity of product ordered shall constitute fulfilment of the order. Unlless expressley specified to the contrary, all shipping dates are based upon current availability of materials, present production schedules and prompt receipt of all necessary information. Seller will not be liable for any damages, loss, fault, expense or freight charges arising out of delays in shipment or other non-performance of this agreement caused by or imposed by (a) strikes, fires, disasters, riots acts of God, (b) acts of Buyer, (c) shortages of labor, fuel power, materials, supplies, transportation, or manufacturing facilities (d) government action, (e) subcontractor delay, or Agreement and/or extend any date upon which any performance is due.

“Delivery Date” · MONROE ENGINEERING PRODUCTS, LLC · open the document (PDF)

1. Prices: All quoted prices in effect on the purchase order date (unless quoted otherwise) or date of completion if shipment is deferred on Buyer’s instructions, are Free On Board (F.O.B.) point of shipment unless specified, and are subject to change without notice. Prices do not include sales, use, excise, or other taxes. Any such tax that Company is required by law to collect, will be added to the invoice price. All prices are based on the quantities quoted and any change in the quantities may affect the price. No discount will be allowed unless specifically agreed to in writing by Company. Until the purchase price and all other sums due pursuant hereto are paid in full, Buyer grants Company and Company retains a security in the Goods described on the face hereof (the “Goods”) and in all proceeds of the Goods.

“Prices” · MONROE ENGINEERING PRODUCTS, LLC · open the document (PDF)

3. Warranty: a. Company warrants its Goods to be free from material defects in material and workmanship except: i. when Goods have been modified following delivery and/or subject to improper handling, storage, installation, operation, or maintenance. ii. when an item is purchased by Company as a component part of the Goods, except to the extent to which such item or items are covered by the warranty, if any, of the original manufacturer. iii. when an item which is a component part of the product has been furnished by Buyer. iv. no warranty of a component part shall extend beyond the warranty period of the device in which such component part is incorporated. b. There is no implied warranty of merchantability or of fitness for particular purpose and there are no warranties of any nature except as set forth in paragraph 3 herein.. Any claim by Buyer made pursuant to Company’s warranty must be made in writing. Company shall have the right to inspect the Goods claimed to be defective and shall have the right to determine the cause of such alleged defect. All Goods replaced or repaired by Company under its warranty shall be replaced or repaired F.O.B. Company’s plant. Buyer must notify Company, in writing, within fifteen (15) days from receipt of Goods of any obvious defect in the product, or shortages, or Company shall have no obligation to correct such defect. Company shall have the option of re-inspection at Buyer’s plant or its own before allowing or disallowing Buyer’s claim.

“Warranty” · MONROE ENGINEERING PRODUCTS, LLC · open the document (PDF)

8. Cancellations and Return of Goods: No purchase order with respect to which Company has issued or indicated a sales confirmation may be cancelled or the manufacture of Goods there under suspended after the date of the sales confirmation without the sole and express written consent of Company. Upon cancellation or suspension at the request of the Buyer, and acceptance by the Company, Buyer shall reimburse the Company promptly for all expenditures incurred by Company, including, but not limited to, material used, labor and engineering services, a proportionate share of direct manufacturing, engineering, selling, general and administrative expenses, and profits which would have been earned under the purchase order. In addition, the Buyer shall also reimburse Company for any extraordinary costs and other expenses attributable to such suspension or cancellation. No Goods shall be returned to company (whether due to cancellation of a purchase order or for any other reason not the fault of the company) without prior written authorization from company. An inspection and restocking charge on all returned items will, at Company’s option, be required. Any request to return Goods shall include, in addition to other information reasonably requested by Company, a full description of the Goods, the date of the purchase order and Company’s invoice number.

“Cancellations and Return of Goods” · MONROE ENGINEERING PRODUCTS, LLC · open the document (PDF)