ORDER ACCEPTANCE AND DELIVERY

1. When accepted by IN:Cardea orders become binding contracts and any changes and/or cancellations are subject to charges for costs incurred.

2. In cases of strikes, fires, floods, snows, accidents, common carrier delays, failure of outside vendors to deliver materials or parts, and other problems beyond our control, IN:Cardea assumes no responsibility nor economic liability for failure to meet planned delivery schedule. Every effort will be made to return to schedule as soon as possible following the event.

3. Delivery dates indicated in confirmation of order are approximate only and shall not subject the Company to any economic liability for failure to meet the approximate shipping schedule.

4. Title to materials sold shall pass to the buyer on delivery to common carrier at point of shipment, however, the seller shall retain a lien for payment on the materials so sold until the purchase price has been paid in full.

5. Back orders for material omitted from the original shipment because of shortage of stock or other conditions beyond our control, shall be on the same terms and conditions of sale as if it were included in the original shipment.

PRICES AND QUOTATIONS

1. Prices are subject to change without notice. In the event of a price change, orders on hand shall be invoiced at the prices in effect at the time orders are shipped.

2. Prices are F.O.B. point of manufacture. No allowances shall be made for transportation charges.

3. Quotations unless otherwise noted are subject to placement of orders within 30 days. Changes in prices that have been made for materials included in quotations shall become effective at the end of the 30 day period.

4.  IN:Cardea will not be responsible for any losses sustained by purchasers through the use of an obsolete price list or pages thereof.

5. Taxes or other government charges upon the manufacture, sale or shipment of materials listed herein as imposed by Federal, State or Municipal authority shall be added to the price to be paid by the purchaser.

WARRANTY

1. IN:Cardea warrants that the goods to be supplied will conform to the catalog or price list description. This warranty is in lieu of all other warranties, expressed or implied, and of all other obligations and liabilities. In no event shall IN:Cardea be liable for any contingent liabilities.

PAYMENT

1. Other than for cash or C.O.D. accounts, terms of sale are net 30 days.

2. Past due accounts shall be subject to an interest charge of 1-1/5% per month on the unpaid balance.

3. Back charges for repairs or alterations will not be allowed unless specifically accepted in advance in writing by IN:Cardea, Inc. We shall not assume back charges for labor or materials required on the job site due to inaccuracies caused by the use of templates for cut-outs or dealer approved drawings and dimensions. 

CLAIMS

1. Purchaser shall immediately check all materials on receipt and any damages, defects, shortages or improper character shall be NOTED ON FREIGHT TICKET and reported to IN:Cardea in writing within three days of receipt of said material. Failure to so notify shall constitute waiver of any claim against IN:Cardea for such conditions.   Freight damage claims are sole responsibility of freight purchaser.

2. In no event shall IN:Cardea be responsible for any damage arising from the use of damaged, defective or improper character of materials.

3. Any material deemed defective which is covered under our warranty shall be repaired or replaced. Labor or other expenditure incurred by the purchaser or any other party in consequence of such a material defect cannot be claimed.

RETURNED MATERIAL

1. Returned material shall not be accepted unless previously authorized in writing and material is accompanied by returned merchandise identification ticket. Material must be returned within 30 days from receipt of ticket.

2. Returned material shall be subject to Company inspection. Credit for saleable material shall be allowed at the invoiced price less a 15% minimum handling charge.

3. Transportation costs on returned material shall be prepaid by the buyer.