Acceptance Rixson reserves the right to decline an order, in whole or in part, when the type or quantity of goods or credit worthiness of the Purchaser is not satisfactory to us in our sole and absolute discretion. Purchase Orders, Competitive Price Quotation (“CPQ”) requests, Acknowledgements or the like issued by the Purchaser that have contrary standard terms and conditions are not binding on Rixson, unless such terms and conditions are approved in a separate written agreement by Rixson’s authorized representatives.  In the event of an acceptance of Purchaser’s Purchase Order by Rixson, the Purchaser agrees that such acceptance is solely conditioned on Purchaser’s acceptance of the terms and conditions set forth in this instrument, regardless of the terms and conditions specified in Purchaser’s Purchase Order.  The terms and conditions in Purchaser’s Purchase Order which conflict with the terms and conditions of this instrument shall be disregarded and are hereby rejected, and this instrument shall constitute the entire agreement between Rixson and the Purchaser. In the event that Rixson does not enforce or require strict performance of any term or condition hereof, or of any other document, instrument or other agreement relating to goods sold, such lack of enforcement or requirement of strict performance will not waive, affect or diminish any right of Rixson to enforce or require strict performance of such term or condition in the future. Prices All prices are subject to change without notice and are not guaranteed.  All shipments will be made at prices in effect at the time of shipment. Possession of this price list does not constitute an agreement to sell.We reserve the right to correct clerical, stenographic and other obvious errors at any time. Terms Invoices dated the 1st through the 15th will be due for 2% discount on the *10th of the following month.  Invoices dated the 16th through the 31st will be due for 2% discount on the *25th of the following month.  *Net immediately thereafter. (Rixson retains the right to sell or to decline to sell to any Customer for any reason whatsoever when in its judgment is deemed sufficient.) It is understood that Rixson may impose and charge a finance charge which is the lesser of one and one-half percent (1-1/2%) per month or the highest rate allowed by law on any amount which becomes past due and delinquent. Additionally, the Customer shall be responsible for all collection costs, court costs and reasonable attorney’s fees (where allowed by law) in connection with the recovery of any delinquent amount. Freight All orders are shipped FOB factory/warehouse, except as expressly provided below.  When delivered to the Transportation Company, the Purchaser assumes the risk of loss or damage in transit. Customer orders with net product value in excess of $2,500.00 will be shipped prepaid to a single destination point in the United States. Customer orders with net product value less than $2,500.00 will be shipped prepaid by Rixson’s carrier of choice, and the shipping charges will be added to Customer’s invoice.  Rixson will choose the carrier and routing.  If a Customer requests an alternative carrier, freight charges will be incurred on Customer’s invoice. Minimum Invoice Minimum invoice for complete product is $100.00 net product value. Quotations If Rixson elects to offer a CPQ, such CPQ will be valid for thirty (30) days.  Complete shipment of the order must be accepted by Purchaser within nine (9) calendar months from the date of price issuance. The CPQ must be attached to the order and the CPQ number must be referenced on the order. The CPQ is null and void if the Purchase Order does not include ALL product lines listed on the CPQ or if the quantities for any item covered by the CPQ deviate by 10% or more. With the issuance and acceptance of a CPQ for the purchase of products, the Purchaser agrees that products so purchased will not be resold or transferred to any Distributor not authorized by Rixson to sell its products.  This would be inclusive of branches of the quoted Distributor.  Failure to abide by this restriction may result in the Distributor’s ineligibility for Competitive Price Quotations, or other actions in Rixson’s discretion. Rixson and its sales agents reserve the right, in their sole discretion and for any reason, to refuse a Distributor’s request to quote a price other than Rixson’s standard list price and regardless of whether Rixson or its sales agents have previously quoted discounted prices to the Distributor on some or all of its orders. Non-Cataloged Products Products not cataloged or listed in this price book will be considered as special products, and will not be manufactured without prior written approval from Rixson. A minimum special handling charge of $50.00 will be added for non-cataloged product.  Any additional labor or material required will be charged accordingly. Special products require special handling, and therefore standard lead times may not apply.  Please consult with your Sales Representative for further details. Changes/Cancellation of Orders Changes or cancellations to an order will result in a charge of costs for material and labor expenses that have been incurred prior to notification from Customer.  Handling charges are billed on Customer’s original order. All Non-Cataloged Goods and Rixson® Quick Ship Orders may not be changed or cancelled. TERMS AND CONDITIONS Effective January 1, 2004