Terms & Conditions of Sale

This document sets forth the terms and conditions pursuant to which the purchaser (“Purchaser”) will purchase and ESCA Tech, Inc. (“Seller”) will sell the products, accessories and attachments (collectively the “Products”) ordered by Purchaser. These terms and conditions shall govern and apply to the sale of Seller’s Products to Purchaser, regardless of any terms and conditions appearing on any purchase order or other forms submitted by Purchaser to Seller or the inconsistency of any terms therein and herein.

Payment Terms

• Prepayment
• Deposit with balance due on shipment, net 30 days.
• Net 30 days (to approved and qualified accounts) after the invoice date, regardless of date of receipt of shipment.
• Seller reserves the right to hold shipments against past due accounts.
• All past due accounts are subject to late payment charge of 1.5% per month, or maximum allowed by law if different, along with the expenses incidental to collection including reasonable attorney’s fees and costs.
• All prices are in US Dollars.
• Buyer is solely responsible for the payment of any sales, use or other tax or duty that may be levied by any taxing authority on the price of any goods, work or services provided.
• International shipments that are subject to duties & taxes are the responsibility of the Purchaser.

Orders

No order shall be binding until accepted by a duly authorized employee of the seller. Seller may refuse to accept any order for any reason.

Shipments

All shipments are FOB shipping point. All requests for air freight must be confirmed in writing before Products will be tendered to the carrier. Inspection and verification of Products on receipt for count, damage and original packaging is the responsibility of the Purchaser. Any inconsistencies must be noted on the bill of lading at the time of receipt.

Delivery, Damages, Shortages

Seller will use reasonable efforts to attempt to cause the Products to be delivered as provided for in these Terms & Conditions. Delivery to the initial common carrier shall constitute the delivery to the Purchaser. Seller’s responsibility, insofar as transportation risks are concerned ceases upon the delivery of the Products in good condition to such carrier at the F.O.B. point and all the Products shall be shipped at the purchaser’s risk. Seller shall not be responsible or liable for any loss or damage whatsoever, including loss of income and/or profits, or incidental, special, consequential damages resulting from Seller’s delayed performance in shipment and delivery.

Return of Defective Products

Defective or failed material shall be held at the Purchaser’s premises until authorization has been granted by Seller to return . or dispose of Products. Seller must be notified within 10 days of receipt of defective Product. Products that are to be returned for final inspection must be returned Freight Prepaid in the most economical way. Credit will be issued for material found to be defective upon Seller’s inspection based on prices at time of purchase.

• No returns of Products will be accepted without prior authorization from Seller.
• All returns require a Return Material Authorization (RMA) number provided by seller.

Products Ordered in Error

Standard package Products only may be returned, provided that claim is made and Seller is notified within 10 days of receipt of Products, and the Products are in the original buyer’s possession not more than 30 days prior to return, subject to Seller’s approval. If Products are accepted for return they must be Freight Prepaid, and buyer will be charged a minimum of 20% handling charge, plus a chargeback for outbound freight charges if the original order was shipped prepaid. Returns are not accepted for any Products that are specially manufactured to meet the buyer’s requirement of either specifications or large quantity.

Products Shipped in Error

Purchaser must notify within 10 days of receipt of any Products shipped in error. Upon notification, Products are to be returned to Seller either via truck on a Freight Collect basis, or via UPS Parcel Collect basis. Purchaser will be reimbursed for cost of Products, plus any additional freight which may have been incurred due to shipping error.

• No returns of Products will be accepted without prior authorization from Seller.
• All returns require a Return Material Authorization (RMA) number provided by Seller.

ESCA Tech, Inc.
3747 North Booth Street
Milwaukee, WI 53212

Phone: (414) 962-5323
Fax: (414) 962-7003
cservice@esca-tech.com
www.esca-tech.com