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1. APPLICATION OF TERMS AND CONDITIONS OF SALE

The following terms and conditions shall govern the sale by the entity ("S & C, Inc." or "Seller") named on the invoice that will be provided to Customer for orders for products sold by S & C, Inc., unless Customer has signed a separate formal purchase agreement with S & C, Inc.

By ordering products on S & C, Inc.'s on-line store or by accepting delivery of the products described on the invoice, Customer agrees to be bound by and accepts these terms and conditions. S & C, Inc. reserves the right to change these terms and conditions without prior written notice at any time, at S & C, Inc.'s sole discretion.

2. OTHER DOCUMENTS DO NOT APPLY

These terms and conditions may not be supplemented, altered or modified by the use of any other document(s). Any attempt to modify, supplement or amend these terms and conditions will be null and void unless agreed to in writing by S & C, Inc.

3. PAYMENT TERMS

Terms of payment shall be determined at S & C, Inc.'s discretion and otherwise agreed to by, S & C, Inc. Payment must be received by S & C, Inc. prior to S & C, Inc.'s acceptance of Customer's order. Payment shall be made by credit card, check, money order, or some other pre-arranged method of payment acceptable to S & C, Inc.

Where payment is made by credit card, such payment is subject to the approval of the financial institution issuing the credit card and S & C, Inc. shall not be liable in any way if such financial institution refuses to accept or honor the credit card for any reason.

4. PRICES, SHIPPING AND HANDLING CHARGES AND TAXES

S & C, Inc. will only ship to U.S. locations. All prices do not include charges for shipping and handling, and taxes. Separate charges for shipping and handling will be shown on the invoice. S & C, Inc. is obligated to withhold sales tax for delivery within Michigan. Unless Customer provides S & C, Inc. with a valid and correct tax exemption certificate applicable to the product ship-to location prior to S & C, Inc.'s acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order.

5. LIMITED WARRANTY

Upon written request by Customer, a limited warranty statement will be included with each product shipped to Customer. S & C, Inc. will be obligated to honor any such warranty only upon S & C, Inc.'s receipt of payment in full for the product to be warranted.

S & C, INC. WARRANTS ITS PRODUCTS FOR A PERIOD OF 90 DAYS AFTER SHIPMENT OF ORDER. PRODUCTS ARE TO BE FREE OF DEFECTS IN MATERIALS AND WORKMANSHIP. S & C, INC. WILL REPAIR OR REPLACE PRODUCT IN QUESTION UP TO THE NET VALUE. NO OTHER WARRANTIES OR GUARANTEES ARE IMPLIED.

6. PRODUCTS AVAILABILITY

Product availability may be limited. Products may not be available for immediate delivery. S& C, Inc. reserves the right, without liability or prior notice, to revise or cease to make available any or all products or to cancel any order. If there is any revision or cessation, S & C, Inc. may ship products which have the functionality and specifications of the products ordered but there will be differences in the specifications between what was shipped and what was ordered.

7. EXCLUSION AND LIMITATION OF LIABILITY

FOR ANY BREACH OF THESE TERMS AND CONDITIONS, S & C, INC. SOLE AND EXCLUSIVE MAXIMUM LIABILITY SHALL NOT IN ANY EVENT EXCEED THE TOTAL PRICE OF THE PRODUCTS ORDERED BY CUSTOMER.

IN NO EVENT SHALL S & C, INC. BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE FOR ANY BREACH OF THESE TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OF USE EVEN IF S & C, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR ANY CLAIM BY ANY THIRD PARTY.

S & C, INC. SHALL NOT BE LIABLE IF IT IS UNABLE TO PERFORM ANY OF ITS OBLIGATIONS CONTAINED IN THESE TERMS AND CONDITIONS DUE, DIRECTLY OR INDIRECTLY, TO THE FAILURE OF ANY MACHINE, SYSTEM OF AUTHORIZATION, DATA PROCESSING OR COMMUNICATION SYSTEM OR TRANSMISSION LINK OR ANY INDUSTRIAL DISPUTE, WAR, FLOOD, EXPLOSION, ACT OF GOD OR ANY OTHER EVENT BEYOND THE CONTROL OF S & C, INC.

8. GOVERNING LAW AND JURISDICTION

The sale of products shall be governed by the laws of the State of Michigan excluding the conflict or choice of law provisions. Venue and jurisdiction for all disputes will lie in exclusively Romulus, Michigan.

9. EXPORT CONTROL

Products purchased or received under these terms and conditions shall be subject to export laws and regulations of the United States of America.

10. HEADINGS

The headings of each of these terms and conditions are for convenience of reference only and shall not form part of these terms and conditions. Such headings shall be ignored in the interpretation or construction of any of these terms and conditions.

11. RETURN POLICIES.

S & C, Inc. products that are purchased directly from S & C, Inc. by an end-user. Customer may return the product only in accordance with S & C, Inc.'s return policy in effect on the date of the invoice.

12. PRODUCTS.

S & C, Inc.'s policy is one of on-going product update and revision. S & C, Inc. may revise and discontinue products at any time. S & C, Inc. will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible.

13. SERVICE AND SUPPORT

S & C, Inc. endeavors to provide the best customer and technical support. For end-user Customers, S & C, Inc. promises that its support people will attempt to handle over the telephone and email any problem involving S & C, Inc. products.

14. NO ASSIGNMENT

Customer may not assign its rights or obligations under this Agreement without the express written consent of S & C, Inc.

15. INVALIDITY OF PROVISIONS

If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

16. TRADEMARKS AND COPYRIGHT NOTICE

S & C, Inc., the S & C, Inc. logo, and the S & C, Inc. products referred to herein are either the trademarks or the registered trademarks of S & C, Inc.. The absence of a product name or logo on this web site does not constitute a waiver of S & C, Inc.'s trademark or other intellectual property rights concerning that name or logo.