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Sales Sheet, PAGE 4 of 4 <br />GapVax Incorporated <br />Terms and Conditions of Sale <br />ORDERS. Ail orders are sukect tG atceptame by an otficef <br />ofGapVaxlnc. Orders for products not regut" carried in <br />stock or requiring special eng�neefing or manufactme are in <br />every case s0jet t to approval by an offic er of Gaplax. <br />2. PERFORMANCE. Gap%/ax Inc. shall not be lia" for fa4ure <br />to complete the contract in accordance with its lemis it <br />failure is due to wars, strikes, flies, floods, accidents, del+S <br />in transporlat�on or other c auses beyond its reasonable <br />contral <br />3. EXPERIMENTAL WORK Work Wormed at custames <br />request such as sketches, drawings, design, testing, <br />fabrication and materials shall be charged at cuTrent rates, <br />4. SKETCHES, ENGINEERING DRAWINGS, MODELS and all <br />preparatory work created or furnished by GapVax Inc. shall <br />remain its exclusive property: and no use of same shall be <br />made, nor may Weas obtained therefrom be used, except <br />%%dh the c onsent of and on terms acceptable to GapVax Inc. <br />5. CANCELLATION. Orders regularly enterbJ cannot be <br />canceled except upon terms that will compensate GapVax <br />Im for any loss or damage sustained. <br />6. SHIPMENT. All proposals are based on continuous and <br />uninterrupted delivery of the order upon c ompletion, unless <br />specifications distinctly state otherwise, In the event that <br />agreement is reached for GapVax Inc. to store completed <br />items, they v4I be immediately invoiced to the customer and <br />become due and payable. Storage shall tm- at the risk of the <br />customer and Gao%.4ax Inc. shall be liaNe only for ordinary <br />care of the property. <br />7, CUSTOMERS PROPERTY. GapVax Inc sball charge the <br />customer at current rates, for handling and storing <br />customees pzopart ty (e.g. truck chassis) held for more than <br />thrly (30) days after notification of availability for shipment, <br />All customers property, a third party's property, that is <br />stored by GapVax Inc. is at the customers or other party's <br />risk. GapVax is not I�able for any loss or damage thereto <br />caused by fire, water, corrosion, theft, negligence, or any <br />cause f3eyond its reasonable control. <br />9, PRICES. All orders are subject to current paces in effect at <br />the time of order acknowledgment. <br />9. F.O.B. POINT. Unless otherwise stated, all prices iisted are <br />F.O�B. point of manufacture, <br />10 TAXES. Unless specsfically stated, prices listed do not <br />Include Federal, State, City or other excise occupation, <br />sates, use or simitw taxes wNch are eAra and are to be <br />added at rates in effect at time of shipment, Iffederal <br />Excise Taxes are induded or listed on the reverse sMe of <br />ths paper, they are stated at the rates and regulations in <br />effect at the time this order is written, and are subject to <br />reV,s�cn in accordencewith rates and regulabons in affect at <br />time of shipment. <br />It. PRODUCT IMPROVEMENT. Ga#,Iax IM reserves the <br />right to cham�e manufacturing specifications and procedures <br />YAM" incurring any responsibility fGrmodifyiing previousky <br />shipped products <br />MOUNTING PRICES. Mounting prices assumes normal <br />factory installation on a truck chassis suitable for the unit <br />purchased. Relocation of batteries, gas tanks, muffiers, air <br />ta0s, etc. will be an additional charge, billed at the standard <br />factory labor r0teL <br />13. WARRANTY. Gap%lax Inc, warrants its products to be free <br />from defects in material and workmanship, subject to the <br />limitations and conditions set forth In its current published <br />warranty but makes no warranty of merchantability or fitness <br />for any particular purpose. GapVax Inc. does not assume <br />liability for any loss of product, time or any direct, indirect, or <br />consequential damage, losses or dW&i or any nature <br />whatsoever. No warranty, express or implied, is made or <br />authorized to be made and no obligation is assumed or <br />authorized to be assumed with respect to products of <br />GapVax Inc. other than that set fnrtti in the current, <br />publistied warranty. It is to be understood that the <br />acceptance this order is expressly conditioned upon your <br />acceptance of GapVa-x Inc. stanclardwitten warranty for the <br />products sold hereunder GapVax Inc. hereby disclaims any <br />responsibility or liability for any consequential losses delays <br />of downtime resulting from orders hereunder the use of its <br />products. GapVax does not andwitl not warranty any tank <br />coating or tank lining. <br />14. This agreement shall he construed accordiing to the laws of <br />the State ofPenRsy;vanIa- Our faiture at anytime to exercise <br />any right we may have Linder the agreement shall not <br />constitute a waiver thereof nor prejudice our noht to enfotce <br />same thereafle,. <br />15. This order, Including the above terms and conditions <br />contains the complete and final agreement between the <br />parties hereto and no other agreement in any way modifying <br />any of said terms and c onditions will be bi-ndino on us unless <br />in writing and agreed to by autliorized rcprese�tative of this <br />company <br />STATE TAXES ARE NOT INCLUDED ALL PRICES IN USD ($) <br />