1. All orders are accepted subject to and only in accordance with the following terms and conditions. Acceptance shall be binding upon the seller and the buyer.

2. Vulcan Electric Company warrants that at the time of shipment and for a period of one (1) year thereafter, the products manufactured by Vulcan Electric Company and sold hereunder (the “products”) will be free from defects in material and workmanship and will be in conformity with applicable printed or written specifications. If it appears that within one (1) year of shipment from Vulcan Electric Company’s plant the products sold hereunder do not meet the warranty specified above, and the buyer gives written notice to Vulcan Electric Company thereof within thirty (30) days of Buyer's discovery of such non-compliance, but in no event later than the date which is one year and thirty days after the date of shipment of the products, then, after Vulcan Electric Company has examined and tested the allegedly non-complying products and found such products or any components thereof to be, in fact, defective within the above warranty, Vulcan Electric Company will, at its option, either (1) repair or furnish a replacement for, (but will not install) such defective products or (2) issue a credit for the purchase price of the defective products. No products claimed by the Buyer to be defective within the above warranty will be accepted for return, for repair, or for replacement or credit without the prior written authorization of Vulcan Electric Company.

3. IN NO EVENT WILL SELLER’S AGGREGATE LIABILITY TO BUYER FOR ALL DAMAGES ARISING FROM ANY AND ALL CLAIMS RELATED TO THE BREACH OF THIS AGREEMENT, NON-DELIVERY, OR THE PROVISION OF ANY PRODUCT, SERVICE OR INFORMATION COVERED BY THIS AGREEMENT, REGARDLESS OF WHETHER THE FORM OF ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE, EXCEED THE TOTAL PRICE PAID BY BUYER TO SELLER FOR THE PRODUCTS, SERVICES, OR INFORMATION IN REPSECT OF WHICH DAMAGES ARE CLAIMED. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHERWARRANTIES EXPRESSED OR IMPLIED, AND VULCAN ELECTRIC COMPANY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES INCLUDING WITHOUT LIMITATION, WARRANTIES IMPLIED UNDER LAW SUCH AS, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARISING BY CUSTOMER TRADE USAGE, OR OTHERWISE, IF ANY. VULCAN ELECTRIC COMPANY WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING ANY DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, OR OTHER LOSS OF BUSINESS) RESULTING FROM ITS BREACH OF THE FOREGOING WARRANTY.

4. Buyer shall defend, Indemnify, and hold Vulcan Electric Company, its officers, employees and agents harmless from and against any and all liability, loss, expense, including reasonable attorney’s fees, or claims for injury or damages arising out of the performance of the products purchased from Vulcan Electric Company but only in proportion to and to the extent such liability, loss, expense, attorneys fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omission of the buyer, its officers, agents or employees.

5. Vulcan Electric Company will not be liable for any loss, damage, or expense directly or indirectly arising from the use of the products either separately or in combination with any other equipment or material or from any other cause. The foregoing warranty does not extend to any Product manufactured by Vulcan Electric Company which has been subjected to misuse by the Buyer, neglect, accident, or improper installation; nor does such warranty extend to or apply to any product the identifying symbol of which has been removed, defaced, or changed. Notwithstanding anything to the contrary contained herein, components manufactured by any supplier other than Vulcan Electric Company, which are sold hereunder, shall bear only that warranty made by the manufacturer of those components; but in no event shall such a warranty be more extensive in any manner than Vulcan Electric Company’s product warranty contained herein. Vulcan Electric Company will not be liable for any errors, defects, or omissions in the design of any product sold hereunder irrespective of whether such errors, defects, or omissions in design result from acts or omissions of Vulcan Electric Company or of Buyer or of some other third party.

6. All sales are in U.S. dollars we proudly accept MasterCard, Visa, and American Express.

7. In addition to Credit Card purchases, payment terms of net 30 days are extended to all customers that have established an open account and approved credit with Vulcan Electric Company. If you would like to establish an open account with us please contact Vulcan Electric Company attn: Credit Department, 28 Endfield St, Porter ME, 04068, USA Telephone #(207) 625-6963. Purchaser agrees to pay Vulcan Electric Company interest at a rate of 1.5% per month on any overdue payment (not paid within thirty (30) days).

8. The buyer shall reimburse the Seller for all taxes, (excluding income taxes) excises, or other charges which the Seller may be required to pay any Government, (National, State, or local) upon the sale, production or transportation of the products, services, or information sold hereunder.

9. Cancellations and change orders on products subject to a binding purchase order will be accepted until production has begun. The buyer will be liable for all charges and other damages that may be incurred as a result of the cancellation or change.

10. Returns will be accepted only after a Return Material Authorization (RMA) number and shipment instructions have been issued by Customer Service in advance of the return. All returns must be shipped and insured at Buyer's expense. The RMA number must be visible on the outside of the container.

11. Standard Stock products which have not been used, damaged or altered can be returned for a 20% restocking charge with a minimum charge of $40.00 unless otherwise agreed upon in advance with Vulcan Electric Company. See item 10 for the return process.

12. All shipments are Freight on Board (FOB) Porter, Maine. Whenever possible shipments will be sent via UPS however, buyer preference, shipment weight and size may affect carrier selection. Buyer assumes risk of loss or damage at the point of shipment.

13. All Vulcan Electric Company products are packed and shipped in containers to protect the product. Some shipments may require wooden crating and palletizing at an additional charge unless otherwise agreed upon in writing in advance with Vulcan Electric Company.

14. In all cases Vulcan Electric Company strives for shipments at the exact quantities ordered. Minor variations in quantities in the manufacture of industrial electric heaters, controls and sensors quantities may occur from time to time. The following allowances represent acceptable variations in the quantity to any order.

Quantity Ordered Variations

1 – 5 0%

6 – 10 20%

11 – 50 10%

51 – Over 5%

Receipt of quantities within the allowances set forth above shall constitute full performance of the obligations of Vulcan Electric Company.

15. All dealings with Vulcan Electric Company, its divisions, subsidiaries and holdings and purchasers will be governed under the laws of the state of Maine, USA.

16. This Agreement supersedes all prior agreements, representations and understandings between the parties (whether written or oral) with respect to its subject matter and constitutes (along with the exhibits and schedules attached hereto) a complete and exclusive statement of the terms of the agreement between the parties with respect to the provision of the products or services hereunder. Not by way of limitation of the unqualified nature of the foregoing, Buyer acknowledges, agrees and represents that it is not relying upon, and it has not been induced by, any representation, warranty, statement made by, or other information provided by seller in connection with its decision to purchase or use any product, service, information or technology, other than the representations and warranties made by seller as and only to the extent expressly provided in this agreement. No modification of this Agreement shall be binding upon the seller unless separately contracted in writing and executed by a duly authorized representative of seller. No modification shall be affected by the acknowledgement or acceptance of purchase order forms stipulating different conditions. Unless buyer shall notify seller in writing to the contrary as soon as practical after receipt of this invoice by Buyer, Buyer shall be deemed to have accepted the terms and conditions hereof and, in the absence of such notification, Buyer’s acceptance or use of the products, services, information or technology shall be equivalent to Buyer’s acceptance to the terms and conditions hereof.