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Terms and Conditions

*Please read through the Terms and Conditions.

1.  General.  All orders for products (and drawings furnished in connection therewith) to be repaired, manufactured, or supplied by York Electric Motors, Inc. ("York"), shall be subject to these terms and conditions of sale.  No modifications or additions hereto will be binding unless agreed to in writing by York. 

2.  Payment.  Unless other terms are indicated by York on the other side of this document, terms of payment shall be net cash within 30 days of shipment.  In the event bankruptcy proceedings are filed by or against the Buyer, or if a receiver is appointed for Buyer, or should the financial responsibility of Buyer for any reason become unsatisfactory to York, York may at its option terminate this order or any part of this order without incurring liability to the Buyer, with Buyer to remain liable for all unpaid accounts (including without limitation any charges allocable to work performed by York to the date of termination), and/or York may require immediate payment (including payment in advance of York's performance) and/or security satisfactory to York.  In the event Buyer fails to make payment in accordance with the terms of this Agreement, the Buyer shall be liable for a service charge of 1-1/2% per month on the unpaid balance.  Buyer agrees to pay all collection costs and expenses, including reasonable attorney fees, incurred by York in collecting or attempting to collect any amounts owed by Buyer to York. 

3.  Freight charges.  Freight charges on all shipments are to be paid by Buyer.              

4.  Cancellation.  After acceptance by York, orders shall not be subject to cancellation by Buyer except with York's consent and upon terms that will indemnify York against loss. 

5.  Governing Law, Jurisdiction and Venue.  All sales and agreements shall be governed by and construed for all purposes according to the laws of the State of Michigan.  Buyer and York agree that any collections or disputes arising out of the Buyer's purchase of good or services will be resolved in a court of competent jurisdiction in Bay County, Michigan. 

6.  Sales Tax.  York is required to charge applicable state and local sales tax on every item for which sales tax exemption certification has not been provided. 

7.  Risk of Loss.  Delivery of products to a common carrier or licensed trucker shall constitute delivery to Buyer, and all risk of loss in transit shall be borne by Buyer. 

8.  Security Interest.  Unless and until the products or services are fully paid for, York reserves a security interest in them to secure the unpaid balance of the price and all other obligations of the Buyer to York however arising.  The Buyer hereby grants York a power of attorney to execute and file on behalf of Buyer all necessary financing statements and other similar documents required to protect the security interest granted herein. 

9.  Warranty.   YORK MAKES NO WARRANTY, EXCEPT THAT OF TITLE, OR REPRESENTATION OF ANY KIND WHATSOEVER, EXPRESSED OR IMLIED, EXCEPT AS CONTAINED HEREIN.  ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISLAIMED.  YORK EXCLUDES ALL WARRANTIES FOR MERCHANTABILITY, AND BUYER AGREES TO TAKE GOODS ON AN "AS IS" BASIS.  YORK LIMITS BUYER'S REMEDIES TO THE REPLACEMENT OF NON-CONFORMING GOODS OR PARTS.  York warrants that parts supplied or distributed by it will be as specified and extends no warranty, whatsoever, beyond the warranties, if any, which may be extended by the original manufacturer of the parts, which warranties are the sole responsibility of the original manufacturer and not York.  The total liability of York with respect to this or any prior or subsequent order shall not exceed the purchase price of the part upon which liability is placed.  York or its supplier shall in no event be liable to the Buyer or any beneficiary of this order for any consequential, incidental, indirect, special or punitive damages.  York shall not be liable for any default or delay in performance caused, directly or indirectly, by any cause beyond York's reasonable control.