Product Warranty

CONTROLLING PROVISIONS: No terms and conditions other than the terms and conditions contained herein shall be
binding upon Seller unless accepted by it in a writing signed by the Seller's Sales Manager. All terms and conditions
contained in any prior oral or written communication, including, without limitation, Buyer's purchase order, which are differ
ent
from or in addition to the terms and conditions herein are hereby rejected and shall not be binding on Seller, whether or not
they would materially alter this document, and Seller hereby objects thereto. All prior proposals, negotiations and
representations, if any, are merged herein. Buyer will be deemed to have assented to all terms and conditions contained
herein if any part of the goods and/or services described herein are shipped or an invoice is presented in connection with th
e
said goods and/or services.
TERMS: Buyer agrees to pay for the products according to the Seller's payment terms. In the event Buyer fails to make any
payment to Seller when due, Buyer's entire account(s) with Seller shall become immediately due and payable without notice
or demand. All past due amounts are subject to service charges at the rate agreed upon by the parties, otherwise at the
maximum contract rate permitted by law. Buyer does hereby grant Seller a purchase money security interest in the products
until such time as Seller is fully paid. Buyer will assist Seller in taking the necessary action to perfect and protect Seller's
security interest. No products furnished by the Seller shall become a fixture by reason of being attached to real estate.
REMEDIES OF SELLER: Upon default by Buyer, Buyer agrees to reimburse Seller all attorney fees and court costs
incurred by Seller in connection therewith. Buyer agrees that any of the following shall constitute an event of default which
shall enable Seller, at its option, to cancel any unexecuted portion of this order or to exercise any right or remedy which it
may have by law: (a) the failure of Buyer to perform any term or condition contained herein; (b) any failure of Buyer to give
required notice; (c) the insolvency of Buyer or its failure to pay debts as they mature, an assignment by Buyer for benefit of
its creditors, the appointment of receiver for Buyer or for the materials covered by this order or the filing of any petition to
adjudicate Buyer bankrupt; (d) the death, incompetence, dissolution or termination of existence of Buyer; (e) a failure by
Buyer to provide adequate assurance of performance within ten (10) days after a justified demand by Seller or (f) if Seller, in
good faith, believes that Buyer's prospect of performance under this Agreement is impaired. All rights and remedies of Seller
herein are in addition to, and shall not exclude, any rights or remedies that Seller may have by law. In the event it becomes
necessary to incur any expense for collection of any overdue account, reasonable collection charges, including reasonable
attorneys' fees, will be added to the balance due and Buyer shall pay all such charges.
GOVERNING LAW: This transaction shall be governed in all respects by the laws of the State of Michigan (excluding choice
of law provisions). All actions, regardless of form, arising out of or related to this transaction or the products sold hereunder
must be brought against Seller within the applicable statutory period, but in no event more than ONE (1) YEAR after the date
of invoice.
DELIVERY: Seller will make a good faith effort to complete delivery of the products as indicated by Seller in writing, but
Seller assumes no responsibility or liability and will accept no back charge for loss or damage due to delay or inability to
deliver, whether or not such loss or damage was made known to Seller, including, but not limited to, liability for Seller's non-
performance caused by acts of God, war, labor difficulties, accidents, inability to obtain materials, delays of carriers,
contractors or suppliers or any other causes of any kind whatever beyond
the control of Seller. Under no circumstances shall
Seller be liable for any special, consequential, incidental, indirect, or liquidated damages, losses, or expense (whether or
not
based on negligence) arising directly or indirectly from delays or failure to give notice of delay.
WARRANTY: THE BUYER'S SOLE AND EXCLUSIVE WARRANTY IS: ALL EQUIPMENT OR PARTS ARE FREE FROM
DEFECTIVE MATERIAL AND WORKMANSHIP, UNDER NORMAL USE AND SERVICE FOR A PERIOD AS DEFINED
ABOVE. THIS WARRANTY DOES NOT COVER FAILURE OF NORMAL WEAR PARTS OR ITEMS THAT REQUIRE
ROUTINE REPLACEMENT SUCH AS VISE JAW CAPS, SERRATED AND OR SMOOTH JAWS, PIPE JAWS, VISE MAIN
SCREW AND NUT ASSEMBLIES UNLESS THE FAILURE OF SUCH PART HAS RESULTED FROM DEFECTIVE
MATERIAL AND WORKMANSHIP. YOST VISES LLC WILL REPAIR OR REPLACE, AT ITS OPTION, ANY EQUIPMENT
WHICH HAS BEEN FOUND TO BE DEFECTIVE AND IS WITHIN THE WARRANTY PERIOD, PROVIDED THAT THE
EQUIPMENT IS SHIPPED, WITH PREVIOUS FACTORY AUTHORIZATION, FREIGHT PREPAID, TO YOST’S PLANT IN
HOLLAND, MICHIGAN, USA. ALL RETURN SHIPMENTS ARE MADE FOB SELLER’S FACILITY. SELLER IS NOT
RESPONSIBLE FOR REMOVAL, INSTALLATION, OR ANY OTHER INCIDENTAL EXPENSES INCURRED IN SHIPPING
THE EQUIPMENT TO OR FROM SELLER. IN THE CASE OF COMPONENTS PURCHASED BY SELLER AND
INCORPORATED IN THE EQUIPMENT, THE COMPONENT MANUFACTURER'S GUARANTEE SHALL APPLY. IN THE
CASE OF COMPLETED VISES ARE PURCHASED BY SELLER AND INCORPORATED INTO YOST’S PRODUCT
DISTRIBUTION, THE MANUFACTURER'S GUARANTEE SHALL APPLY NOTE: THIS WARRANTY DOES NOT APPLY IF
THE EQUIPMENT HAS BEEN DAMAGED BY ACCIDENT, ABUSE, MISUSE OR MISAPPLICATION, OR HAS BEEN
MODIFIED WITHOUT PERMISSION OF YOST, OR IF THE PURCHASER HAS APPLIED UNDUE TORQUE (CHEATER
BARS) ON THE CLAMP HANDLES, NOR DOES YOST ACCEPT EITHER RESPONSIBILITY OR LIABILITY FOR
RESULTING FAILURES. NOTE: ANY MODIFICATIONS OR CORRECTIVE WORK DONE TO THE EQUIPMENT WHICH
WERE NOT SPECIFICALLY AUTHORIZED IN WRITING BY YOST VISES LLC SHALL VOID THIS LIMITED WARRANTY,
AND YOST VISES LLC SHALL ACCEPT NO LIABILITY FOR ANY OF THE CORRECTIVE WORK OR EXPENDITURES
WHICH ARE CONDUCTED WITHOUT SELLER’S PRIOR, WRITTEN AUTHORIZATION. SELLER MAKES NO OTHER
EXPRESSED OR IMPLIED WARRANTIES. SELLER HEREBY DISCLAIMS ALL OTHER EXPRESSED OR IMPLIED
WARRANTIES, WHETHER IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION,
ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS OR FITNESS FOR A PARTICULAR PURPOSE.