Acknowledgement of Terms and Conditions

Disclaimer of Warranties: Except as expressly set forth herein, there are no warranties express or implied, which extend beyond the descriptions on the face hereof. The parties agree that implied warranties of merchantability or of fitness for a particular purpose are excluded from this transaction and shall not apply to products sold hereunder.

Accurate Manufactured Products Group (AMPG) supplies commercial products for standard usage only. Accurate, having no control over the use of the products, will not guarantee finished work in which the product is used.

Except as otherwise stated in any order, any claim on account of non- conforming materials, or for any other cause whatsoever shall conclusively be deemed waived by Buyer unless written notice thereof is given ten (10) days after receipt by Buyer of shipment or delivery, and Buyer notes an exception on the Bill of Lading at the time of delivery. Accurate shall be given reasonable opportunity to investigate all claims, and Buyer shall be limited to the remedies set forth in the following paragraph. Buyer may not return any materials to Accurate until Buyer receives definite shipping instructions from Accurate.

Limitation of Remedies
The exclusive remedy to Buyer or any other party against Accurate for all claims of any kind, whether based upon contract, breach of warranty, tort, strict liability, or otherwise, for any loss or damages arising out of, connected with or resulting from, the sale or failure to sell, shall be replacement of the products sold hereunder F.O.B Accurates’ plant or terminal, or, at Accurates option, refund of the purchase price Buyer paid for the product. No other remedy shall be available to the Buyer, including, but not limited to, indirect, special, or consequential damages, lost profits, lost sales, punitive damages, injury to person or property, or any other commercial loss, damages or expense arising out of or in connection with the use, loss of use, performance, or replacement of the product.

Accurate is only willing to sell its products pursuant to Accurate’s terms and conditions of sale. Accordingly, any terms and conditions of sale proposed by Buyer or contained within its purchase order, quote, acknowledgement, etc. are deemed by Accurate to be a material alteration of the parties’ agreement. As such, Accurate objects to and expressly rejects all proposed terms and conditions of sale other than Accurate’s terms and conditions of sale, which are the only terms and conditions of sale governing the transaction. By accepting information, pricing, or product from Accurate, you agree that Accurate’s terms and conditions control.

Delivery: Delivery times are quoted based on current manufacturing workload, and are subject to change when Purchase Orders are placed. Our best estimate will be given at time of order. All delivery times are subject to change based on machine and material lead times.