The LLC’s quotations are always without obligation. Any price quoted is for the stipulated quantities and delivery dates only and does not necessarily hold good for other quantities or other delivery dates. Price quotations, unless otherwise stated, shall automatically expire thirty (30) calendar days from the date issued and may be cancelled or amended by the LLC within that period upon notice to Customer. Pricing for undeliverable Product may be increased in the event of any increase in the LLC’s cost, change in market conditions or any other causes beyond the LLC’s reasonable control. Unless otherwise agreed to in writing by the LLC, all prices quoted are exclusive of transportation, shipping (including, but not limited to, packaging to suit the Products and method of transport selected by Customer), handling, and insurance costs, duties, and all taxes including, but not limited to, federal, state, provincial and local taxes, excise, value added, goods and services taxes and any other taxes, all of which shall be the responsibility of Customer and which may appear as separate items on Customer’s invoice. Customer agrees to indemnify and hold the LLC harmless for any liability for tax in connection with such sale, as well as the collection or withholding thereof, including penalties and interest thereon. All Products paid for with a credit card are subject to an additional three (3%) percent additional charge.

Full payment is due promptly upon placing an order or purchasing Products.

All deliveries will be made from the LLC’s facility or FOB place of origin. Subject to the LLC’s right of stoppage in transit, delivery of Products to the carrier (by either the LLC or the manufacturer of the Products) shall constitute delivery to Customer and title and risk of loss shall thereupon pass to Customer. Selection of the carrier and delivery route shall be made by the LLC. Customer acknowledges that delivery dates provided by the LLC are estimates only, and the LLC shall not be liable for delays in delivery or for failure to perform due to causes beyond the reasonable control of the LLC nor shall the carrier be deemed an agent of the LLC. Customer acknowledges that representations as to deadlines for delivery of Products are estimates only and shall not be of essence.

All sales are final.

If Product is assembled by the LLC, it will inspect and turn on the Product to ensure it operates. The LLC will not complete any pre-delivery inspection of any other Products. The LLC will not complete any installation with respect to any Products. The LLC also does not provide any services or labor with respect to any Products.

Orders placed by Customer may not be changed, cancelled or rescheduled without the LLC’s prior written consent. Requests to change, cancel or reschedule orders must be made in writing by Customer to the LLC. The LLC is under no obligation to accept such changes, cancellations or rescheduling. Without prejudice, the LLC reserves the right to invoice Customer to recover all losses, costs and damages the LLC sustains directly or indirectly due to such change, cancellation or rescheduling.

The Products sold by the LLC are provided on an “as is” basis with no warranty (unless the Product has a manufacturer’s warranty). To the maximum extent permitted by law, the LLC disclaims all representations and warranties, express or implied, with respect to said products, including but not limited to warranties of merchantability, fitness for a particular purpose, title, noninfringement and implied warranties arising from course of dealing or course of performance. In connection with any valid manufacturer’s warranty, the LLC will file parts claims on behalf of Customer.

Customer certifies they are over eighteen (18) years old. Customer acknowledges Product may constitute a dangerous activity and requires a certain degree of skill and experience. Customer also acknowledges activities can result in injury. Customer releases and discharges the LLC for any injuries resulting from any activities related to Products purchased from the LLC.

IN NO EVENT SHALL THE LLC BE LIABLE TO CUSTOMER FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER INDIRECT OR DIRECT DAMAGES, OR FOR LOSS OF PROFITS OR LOSS OF USE DAMAGES, ARISING OUT OF THE SALE, SUPPLYING OR FAILURE OR DELAY IN SUPPLYING OR CUSTOMER’S USE OF THE PRODUCTS, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. IF FOR ANY REASON ANY OF THE FOREGOING PROVISIONS SHALL BE INEFFECTIVE, THE LLC’S LIABILITY SHALL NOT IN ANY EVENT EXCEED THE FULL PURCHASE PRICE OF SUCH PRODUCTS AND COMPONENTS THEREOF.

Customer will indemnify, defend and hold harmless (including paying reasonable attorneys’ fees) the LLC and its employees, agents, Members, Managers and permitted assigns against all liability to customer, their heirs, successors and assigns and to third parties that: (1) arises from Customer’s negligence, gross negligence or willful, wrongful, wanton or reckless conduct that results in death or bodily injury or damage to real or tangible personal property; or (2) arises from or in connection with Customer’s use or resale of any Product furnished hereunder.

The LLC shall not be liable for any damages resulting from: any delay or failure of performance arising from any cause not reasonably within the LLC’s control; accidents to, breakdowns or mechanical failure of the Products, however caused; strikes or other labor troubles, shortage of labor, transportation, raw materials, energy sources, or failure of usual means of supply; fire; flood; war, declared or undeclared; insurrection; riots; pandemics, acts of God or the public enemy; or priorities, allocations or limitations or other acts required or requested by Federal, State or local governments or any of their sub-divisions, bureaus or agencies. The LLC may, at its option, cancel the Conditions or delay performance for any period reasonably necessary due to any of the foregoing, during which time the Conditions shall remain in full force and effect. The LLC shall have the further right to then allocate its available goods between its own uses and its customers in such manner as the LLC may consider equitable.

The LLC’s waiver of any provision herein or any breach thereof, shall not constitute a waiver of any subsequent breach thereof, nor of any other provision herein. The LLC may correct any errors herein, on any invoice issued to Customer, or on its published price sheets, and such correction shall operate to amend the Conditions.

The Conditions shall be construed and governed in accordance with the laws of the State of New Hampshire, without regard to its conflict of interest laws and principles for all purposes both substantive and procedural. The prevailing party in any action arising out of or brought in connection with the Conditions or the breach thereof shall be entitled to its reasonable attorneys’ fees and costs and expenses of litigation.

Customer expressly waives all provisions contained in any of Customer’s correspondence or forms involved in this sale which negate, limit, extend or conflict with provisions herein and agrees that this Agreement constitutes the entire contract between Customer and the LLC except as expressly negated, limited or extended by the LLC in writing and signed by an officer of the LLC.

If any provision hereof is determined to be invalid or unenforceable under applicable law, such provision shall be ineffective to the extent of such invalidity or unenforceability, and the statutory provision shall apply instead; under no circumstances shall the provision in question be replaced by Customer's terms and conditions, if any. Notices and other communications hereby required or contemplated shall only be effective if delivered in writing to the other party at its principal place of business, either by: (a) personal delivery; (b) postage prepaid, return receipt requested, registered or certified mail; or (c) internationally recognized overnight courier (such as DHL, FedEx, or UPS). Notice by registered or certified mail shall be effective on the date officially recorded as delivered to the intended recipient by return receipt or equivalent, and in the absence of such record of delivery, the effective date shall be presumed to have been the fifth (5th) business day after deposit in the mail. Notices delivered in person or sent by courier shall be effective on the date of personal delivery. The headings herein do not form part of these Conditions and shall not be taken into account in their interpretation.THE LLC AND CUSTOMER IRREVOCABLY WAIVE ALL RIGHTS TO A TRIAL BY JURY IN ANY PROCEEDING HEREAFTER INSTITUTED BY OR AGAINST THE LLC OR CUSTOMER IN RESPECT TO THE CONDITIONS.No amendment, deletion, supplement or change in these Conditions shall be binding upon the LLC unless separately and specifically approved in writing and signed by a duly-authorized officer of the LLC.