TERMS OF SALE and PERSONAL GUARANTEE

AGREEMENTS: All agreements are subject to strikes, accidents or other causes beyond our control. Prices and designs are subject to change without notice.

TAXES: The buyer is liable for any Federal or State taxes imposed on the seller.

WARRANTY: We guarantee to replace, or at our option, to repair any material which we find in our sole discretion to be defective in material or workmanship provided that a claim and proof thereof is made in writing to us within thirty (30) days after purchaser's receipt thereof. In no event shall we be liable for transportation to or from our factory, installation, adjustments or any expenses or damages, which may arise in loss of use, and the foregoing, shall be the purchaser's sole remedy hereunder. No other warranty or guarantee of any kind is made, express or implied. Products sold but not manufactured by Empire are not warranted by Empire; however, to the extent possible, Empire will pass through to the purchaser any supplier's warranty.

CLAIMS: No claims for shortages allowed unless made in writing within ten (10) days of goods. All material sent out will be carefully counted and packed. Claims for goods damaged or lost in transit should be made on the carrier as our responsibility ceases on delivery to the carrier.

LIABILITY FOR MISUSE: We shall not be liable for damages to property or persons due to improper installation of our material or through attempts to utilize the material under conditions which exceed the designed capabilities. Purchaser agrees to indemnify and hold us harmless from any and all claims, liabilities, damages, costs, and expenses asserted against us or incurred by us because of injuries to persons or damages to property resulting from the improper installations or misuse of the material.

RETURNS: Permission to return standard stocked merchandise must be obtained in writing. Credit will be issued subject to the following:

1. Return freight charges must be prepaid.
2. All material must be in first-class condition on arrival at our plant; if not, reconditioning costs will deducted from the credit memo.
3. Credit will be allowed on the basis of the price charges less a minimum handling charge of 25% and less any out-bound freight allowed or paid by us.

SPECIAL ORDERS: Orders quoted special with non-standard material are not subject to cancellation unless such terms are agreed upon.

MINIMUM INVOICE: $50.00 plus transportation.

TERMS: 1% 15 days - Net 30 days.

INTEREST CHARGE: Any amount not timely paid by the customer shall bear interest at the maximum rate permitted by law, not to exceed 1 1/2% per month.