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Par sin
<br />Treating Water Right
<br />Standard Conditions of Sale
<br />I. GENERAL: All references to Parkson (or any derivative thereof) shall mean Parkson Corporation and all references to Buyer shall mean the customer
<br />named in a purchase order, quotation or proposal (collectively referred to herein as "quotation"). All quotations from Parkson shall be considered
<br />solicitations of offers and all purchase orders placed by Buyer shall be considered offers, which can only be accepted in writing by Parkson. Buyer shall
<br />either sign Parkson's quotation, or in the alternative, issue a non -conflicting purchase order containing necessary information, such as site name, price
<br />schedule, type and quantity of product, requested delivery date and delivery instructions. Parkson hereby objects to and rejects any and all additional or
<br />different terms proposed by Buyer, whether contained in Buyer's request for quotation, purchase order, purchasing or shipping release forms.
<br />Notwithstanding any terms or conditions that may be included in Buyers purchase order form or other communications, Parkson's acceptance is
<br />conditional upon Buyers assent to the terms and conditions set forth herein. It is agreed that sales are made only on the terms and conditions herein and
<br />any other terms or conditions shall not become a part of the agreement unless expressly agreed to in writing by Parkson. Parkson's failure to object to
<br />any terms or conditions contained in Buyer's purchase order or other communication shall not be deemed to be acceptance of such terms or conditions.
<br />These terms and conditions shall be deemed incorporated (as though set forth in full) into any agreement entered into between Parkson and Buyer unless
<br />otherwise noted in writing. Parkson reserves the right, without any increase in price, to modify the design and specifications of Parkson products, provided
<br />that the modification does not adversely affect the original performance specifications as specified by Parkson or as requested by Buyer. Shipments,
<br />deliveries and performance of work shall at all times be subject to the approval of Parkson's Credit Department. Parkson may at any time decline to make
<br />any shipment or delivery or perform any work except upon receipt of payment or security or upon terms and conditions satisfactory to Parkson.
<br />II. PRICES, TERMS OF PAYMENT & TAXES: (a) PRICES: Unless expressly stated to be firm for a definite period, Parkson's offers are subject to
<br />change without notice, and in all cases are subject to withdrawal at any time before acknowledgment by Buyer. Quoted prices are firm for only thirty (30)
<br />days. Orders placed after thirty (30) days are subject to price increases in Parkson's sole discretion. Prices on acknowledged orders are firm for the
<br />agreed upon delivery time. Customer requests to extend originally agreed upon delivery date(s) will be subject to price escalation. If a price is stated in the
<br />quotation, it is based upon shipment of the quantities and quality requested by Buyer and on the basis of Parkson's internal delivery schedule at the time
<br />of preparation of said quotation. (b) TERMS OF PAYMENT: Payments against invoices shall be due and payable thirty (30) days from the date of delivery
<br />to a carrier, or upon receipt of an invoice from Parkson, whichever first occurs. If in Parkson's opinion, Buyer's financial condition does not justify
<br />continuation of production or shipment on the terms of payment specified, Parkson may, upon written notice to Buyer, cancel or suspend any outstanding
<br />order or part thereof, unless Buyer shall promptly pay for all goods delivered or shall make advance payments to Parkson as it, at its option, shall
<br />determine, If Buyer delays shipment for any reason, date of readiness for shipment shall be deemed to be the date of shipment for payment purposes. If
<br />Buyer delays manufacture for any reason, a payment shall be made based on purchase price and percentage of completion, with the balance payable in
<br />accordance with the terms as stated. If payments are not made in conformance with the terms stated herein, the contract price shall, without prejudice to
<br />Parkson's right to immediate payment, be increased by 1'Y2% per month on the unpaid balance, not to exceed the maximum amount permitted by law. If at
<br />any time in Parkson's judgment Buyer may be or may become unable or unwilling to meet the terms specified herein, Parkson may require satisfactory
<br />assurance or full or partial payment as a condition to commencing, or continuingmanufacture, or in advance of shipment. (c) TAXES: Except for the
<br />amount, if any, of tax stated in a Parkson quotation, the prices set forth therein are exclusive of any amount for federal, state, local, excise, sales, use,
<br />property, in -country, import, VAT or similar taxes or duties. Such prices also exclude permit, license, customs and similar fees levied upon shipment of
<br />Parkson products.
<br />III. SHIPMENT/STORAGE: (a) SHIPMENT: The anticipated shipment date(s) set forth in the quotation is/are approximate and subject to change.
<br />Notwithstanding other limitations set forth by Parkson, Parkson shall not be liable for any delays in shipment which are caused by events beyond the
<br />control of Parkson including, but not limited to, delays caused by inaccurate or incomplete data, changes or revisions in the work to be performed, tardy
<br />approval of drawings by Buyer, acts of Buyer or Buyer's agent, Force Majeure, accidents, strikes, inability to obtain labor or materials, or delay in
<br />transportation. Parkson shall have the right to extend the anticipated shipment date for up to ten (10) business days, for any reason, provided Parkson
<br />shall give Buyer written notice of such delay prior to the scheduled shipping date. Buyer's order will be crated for domestic truck shipment and Parkson
<br />assumes no responsibility for loss of, or damage to, the equipment following delivery to a carrier, who shall be deemed to be acting as agent for Buyer,
<br />and the equipment shall thereafter be at the Buyer's sole risk. It is Parkson's policy to ship its equipment "Bill Collect," and the carrier will mail its
<br />invoice(s) directly to Buyer's billing address, unless otherwise agreed to in writing. (b) STORAGE: Once Buyer has been notified that its order is ready for
<br />shipment, if Buyer requests that the order (in whole or in part) not be shipped until a later date, the equipment will be segregated from other inventory and
<br />Buyer shall execute Parkson's Transfer of Title form evidencing transfer of title and transfer of risk of loss from Parkson to Buyer pursuant to Section IV
<br />below. In the event that Buyer shall refuse to execute Parkson's Transfer of Title form and/or if the fabricator is unable to withstand storage of the
<br />equipment, Parkson shall have the right, at its sole discretion, to transfer the equipment to an intermediate storage facility, all at Buyer's cost, whereby
<br />transfer of title and risk of loss will be deemed to pass, pursuant to Section IV below, when the products are delivered to the carrier at the factory. All
<br />costs associated with shipping the equipment to said storage facility or from said storage facility to the job site (or any other site requested by Buyer) shall
<br />be the responsibility of Buyer. Buyer shall reimburse Parkson upon demand for any costs incurred by Parkson in connection with said storage, including
<br />without limitation, steps taken to protect the equipment from the elements, transport, storage facility fees, insurance, etc. Any delay in shipment requested
<br />or caused by Buyer or its agents will not affect the Terms of Payment above.
<br />IV. TITLE & RISK OF LOSS: Parkson's prices are F.O.B. Parkson's Factory and are exclusive of taxes, shipping, handling and insurance. Title to all
<br />equipment and risk of loss, deterioration or damage shall pass to Buyer upon delivery to a carrier; except that a security interest in the equipment or any
<br />replacement shall remain in Parkson's name, regardless of mode of attachment to realty or other property, until the full purchase price has been received
<br />by Parkson. Buyer agrees to do all acts necessary to perfect and maintain said security interest, and to protect Parkson's interest by adequately insuring
<br />the products against loss or damage from any external cause, including during any storage or transport, with Parkson named as insured or co-insured.
<br />1 of 4 CNF -010 Rev D — May 2017
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