TERMS AND CONDITIONS OF SALE

PRICES:

Prices in effect at time of shipment will apply, unless otherwise stated in writing. All prices are exclusive of any taxes which are based on or measured by sales, and when applicable, such taxes shall be billed as separate charges to be paid by Buyer. Prices are subject to change without notice. All quotations made by our representatives are subject to confirmation and acceptance by our Broken Arrow headquarters. We reserve the right to correct clerical errors in quotations and invoices.

FREIGHT ALLOWANCE:

All shipments are F.O.B. our plant in Broken Arrow, Oklahoma.

DELIVERY:

Estimated shipping dates are based as accurately as possible on current conditions in effect at time of estimate. Shipping dates appearing on acknowledgements, or offered in any other manner, are approximate, and orders will be shipped as soon as completed and ready for shipment regardless of estimated date of shipment, unless otherwise agreed to in writing. Cyclonic assumes no liability for failure or delay in delivery due to acts of God, difference with workmen, local labor shortages, fire, flood or other casualty, government regulations or edicts, shortages or failure of raw material, supplies, fuel, power, or transportation, breakdown of equipment or any other causes beyond Cyclonic’s control.

DESIGN AND LITERATURE:

Published information such as catalogs, brochures, or other literature is subject to changes without notice.

CANCELLATIONS AND RETURNS:

Firm orders which have been accepted and entered are not cancellable except by permission of and on the terms prescribed by Cyclonic. Standard valves are subject to a 20% restocking fee. Unused material may be returned only upon Cyclonic’s written consent. An additional charge will be made for any cost incurred by Cyclonic in restoring products to saleable condition. Credit may be used only for the purchase of merchandise and is not subject to cash reimbursements or cash payments.

WARRANTY:

The following Warranty is exclusive and in lieu of all other warranties, whether expressed, implied or statutory, including, but not by way of limitation, any warranty of merchantability or fitness for any particular purpose.

Cyclonic Valve Company warrants to each original Buyer of Products manufactured by Cyclonic that such products are free from defects in material and workmanship under normal use and service for a period of one (1) year from the date of shipment provided that no warranty is made with respect to:

(a) Any product which has been repaired or altered in such a way, in Cyclonic’s judgment, as to affect the product adversely.

(b) Any product which has, in Cyclonic’s judgment been subject to negligence, accident, misapplication, or improper storage.

(c) Any product which has not been operated or maintained in accordance with normal practice and in conformity with recommendations and public specifications of Cyclonic.

Cyclonic’s obligation under this Warranty is limited to using reasonable efforts to repair, replace, or at its option, refunding the purchase price of any such valve returned to Cyclonic.

The cost of labor for installing a repaired or replacement product shall be borne by purchaser. Replacement parts provided under the terms of the Warranty are warranted for the remainder of the warranty period of the products upon which they are installed to the same extent as if such parts were original components thereof. Warranty services provided hereunder do not assure uninterrupted operation. Cyclonic does not assume any liability for damages caused by any delays involving warranty service.

Rev. 10.13.1