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Friday, December 5, 2025 Quote #: 8393124 FARS - The Monarch - South Bend IN
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<br />TERMS AND CONDITIONS
<br />Acceptance: This proposal is submitted for acceptance within 30 days from the date of proposal. Prices are firm after acceptance -see paragraph
<br />"prices." Typographical and clerical errors in quotations, orders and acknowledgments are subject to correction.
<br />Terms of Payment: Net thirty (30) days from date of our invoice, unless specified to the contrary and subject to the approval of the Company. A
<br />Service Charge of 1.5 % per month may be invoked and applied after the 30 day period until payment is received. Invoicing will be rendered when
<br />shipment has been made, unless otherwise indicated in quotation. The stated price is subject to any state, federal or local government regulatory
<br />ordinances or statutes governing interest rates and shall be construed and interpreted to allow the highest rate applicable and not more. In the event of
<br />a conflict between this rate and other law, the law shall prevail. In the event CaptiveAire Systems employs an attorney to enforce its rights and
<br />remedies under this agreement and/or to collect funds owing pursuant to this agreement, buyer agrees to pay a reasonable attorney's fee for
<br />CaptiveAire Systems attorney, plus all other reasonable expenses incurred by CaptiveAire Systems in enforcing its rights under this agreement.
<br />Taxes: Unless specifically stated, we include no taxes of any kind in the sale price. Any taxes, if applicable and imposed by any present or future local,
<br />state or federal agency for any reason must be paid by the Buyer.
<br />Shipments: All shipments are f.o.b. Factory or, if shipped from another location, f.o.b., point of shipment with charges either allowed, added to invoice,
<br />or collect as noted.
<br />Claims: The responsibility of the company ceases upon delivery of material in good order to the carrier. As all goods are shipped at buyer's risk, any
<br />claims for damage or shortage or loss in transit must be filed by the buyer against the transportation company, (We will assist the Buyer in any
<br />reasonable way possible in the filing and collection for any claim for damages and/or losses while in transit.) Claims against factory shortages will not
<br />be considered unless made within 60 days after receipt of the goods.
<br />Acceptance or Approval: Should the equipment on this proposal be purchased subject to acceptance or approval of another (such as Architect,
<br />Engineer. Owner, etc.), CaptiveAire Systems shall not be liable in any way should acceptance or approval not be granted. We cannot guarantee to
<br />meet or equal specifications written on behalf of another equipment manufacturer.
<br />Warranties: CaptiveAire Systems extends to buyer the manufacturers warranty (a copy of which is available upon request). Manufacturer's warranty is
<br />in lieu of any warranties contained in any applicable project conditions, plans, or specifications unless specifically stated otherwise. CaptiveAire
<br />Systems makes no other warranties, express or implied, as to any matter whatsoever, including without limitation, the conditions of the equipment, its
<br />merchantability or fitness for a particular purpose. CaptiveAire Systems shall not be liable for any damages by reason of failure of the equipment to
<br />operate or a faulty operation of this equipment. CaptiveAire Systems shall not be held responsible for any direct, incidental or consequential damages
<br />or liquidated damages or losses (including but not limited to loss of use, income, profit or production, or spoilage or increased cost of operation)
<br />resulting from the installation, operation or use of the equipment.
<br />Limitation of Remedy: CaptiveAire Systems shall have no liability for any damage caused by negligence, accident, misuse, improper storage,
<br />improper installation, improper service, maintenance or operation. CaptiveAire Systems liability (whether under theories of warranty, negligence, strict
<br />liability or contract) is limited solely to repair or replacement of the equipment or its parts by CaptiveAire Systems or its duly authorized representative,
<br />or at CaptiveAire Systems option and in its sole discretion, refund of the purchase price, and the foregoing shall be the sole and exclusive remedy
<br />against CaptiveAire Systems. In no event shall CaptiveAire Systems liability with respect to the goods or their non-delivery exceed the purchase price
<br />paid by Buyer to CaptiveAire Systems. Buyer shall have no right to consequential or incidental damages or to any remedy not hereinbefore described.
<br />Any claim by Buyer against CaptiveAire Systems with respect to the goods is deemed waived by Buyer unless submitted to CaptiveAire Systems in
<br />writing within ten (10) days of the date Buyer discovered or by reasonable inspection should have discovered, the basis for such claim.
<br />Claims Resolution: All claims and disputes between Buyer and CaptiveAire Systems arising out of or relating to performance of any agreement or
<br />breach thereof involving this project shall be decided by binding arbitration in accordance with the construction Industry Arbitration rules of the
<br />American Arbitration Association (AAA) then existing. Notice of Demand for Arbitration shall be filed in writing by either party to this agreement with the
<br />other and with the regional office of the AAA in Charlotte, North Carolina. The procedural and substantive law of the State of North Carolina shall apply
<br />in and to all such arbitration proceedings and Raleigh, North Carolina shall be designated as the locale for any such proceedings. Both parties will
<br />have the right to conduct discovery in accordance with the Federal Rules of Civil Procedure and within reasonable time limitations to be imposed by
<br />the AAA or the arbitrators. Any award arising from such proceedings shall be final and binding upon the parties and enforceable in accordance with the
<br />Federal Arbitration Act.
<br />Delays: Seller shall not be liable for failures or delays in making delivery hereunder when such failure or delay results from an act of God or the public
<br />enemy accident, explosion, fire, storm, earthquake, flood, drought, perils of the sea, strikes, lock-outs, labor troubles, riots, sabotage, embargo, wars
<br />(whether or not declared and whether or not the United States is involved), federal, state or municipal law, ordinance, rule, regulation, order license,
<br />priority, seizure requisition or allocation or other restrictions, failure or delay of transportation, shortage of or inability to obtain supplies, equipment, fuel
<br />or labor or any other circumstances of a similar or different nature beyond the reasonable control of the Seller.
<br />Credit: If Buyer's credit, at the sole judgment of the Seller, is impaired at any time, Seller shall have the right to defer shipment or cancel the order.
<br />Penalties: No penalty clause of any kind will be effective unless approved in writing by an officer of CaptiveAire Systems.
<br />Cancellations: Should the order be cancelled through no fault of CaptiveAire Systems, the Buyer is liable for reimbursement for any and all expenses
<br />incurred in connection with this transaction; and in accordance with law for any other losses incurred by Seller.
<br />Return of Goods: Please take special care to order carefully and completely. All products purchased are custom orders. Custom orders were
<br />manufactured in accordance with customer specifications, and therefore, are only returnable per the terms of our RMA policy
<br />(http://www.captiveaire.com/sitedocs/returnpolicy.asp). Verify all information before placing the order. Please review policy with your sales consultant
<br />prior to purchasing if you have any questions.
<br />Prices: Unless otherwise notified, prices on orders will be held firm provided the order is released for production at time of placement (the date of
<br />placement being the date of the Buyer's order). Orders released after 30 days from date of customer's purchase order may be subject to escalation.
<br />Title: The title to all material(s) and/or equipment and to any and all additions and accessories thereto and substitutions therefore, shall remain with
<br />Seller until the purchase price thereof is paid in full.
<br />FORM TC-101 (2/03)
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