TERMS AND CONDITIONS

Prices quoted are in U.S. dollars. All sales taxes and other governmental charges shall be paid by Buyer and are the responsibility of Buyer, except as limited by law. International customers must prepay by certified bank check, wire transfer, or confirmed irrevocable letter of credit, unless New Source Technology, LLC beforehand, agrees upon alternate terms of payment in writing. Buyer must pay all banking charges. The expected shipping date is for estimation only. New Source Technology, LLC is not liable for damages because of variance from the expected shipping date. New Source Technology, LLC may, without liability, delay performance or cancel this contract on account of force majeure or other circumstance beyond its control, including, but not limited to, work stoppages, embargoes, acts of God, war, political unrest, failure of source of supply, or casualty. New Source Technology, LLC warrants goods sold hereunder to be new and free from substantive defects in workmanship and materials, unless it is specified otherwise in writing by New Source Technology, LLC. New Source Technology, LLC' s liability under the foregoing warranty is absolutely limited to replacement of goods, or repair of defects, or refund of the purchase price, at New Source Technology, LLC' s sole option. No other warranty, express or implied (including, but not limited to, merchantability or fitness) is made by New Source Technology, LLC, and none shall be imputed or presumed, and in no event shall New Source Technology, LLC be liable for any general, consequential, incidental, punitive, or other damages, nor for any claims arising from Buyer' s use or transfer of goods. New Source Technology, LLC may, at its sole option, withhold shipment and delivery of all or any part of the order or cancel the order if at any time Buyer' s account with New Source Technology, LLC is in arrears, or if for any reason New Source Technology, LLC believes Buyer to be not creditworthy, or if Buyer fails to comply with New Source Technology, LLC credit requirements, or if any payment instrument of Buyer is not honored, or if New Source Technology, LLC shall discontinue sale of the product. If Buyer fails to pay for the goods when due per the stated payment terms, Buyer shall pay interest at 1.5% per month plus a 5% late charge plus all collection costs including, but not limited to, attorney fees. Orders which are cancelled by the Buyer for custom, modified or special configuration products are subject to a cancellation charge of up to 100 percent. For standard products, cancellations are subject to a 20% cancellation charge. Standard products are defined as those items that have multiple users and that are immediately resalable. Product returned by the customer to New Source Technology, LLC require a preauthorized RMA (Return Material Authorization) number and are to be returned at Buyer' s expense. Returned products without a RMA number will not be accepted by New Source Technology, LLC. Products manufactured all or in part from customer-supplied material are subject to additional terms and conditions, warranty and limitation of warranty as described in a separate document. These Terms encompass the entire agreement between Buyer and New Source Technology, LLC, superseding all other terms and conditions. New Source Technology, LLC shall not be bound by any terms not written herein, unless written amendment is signed by an authorized New Source Technology, LLC representative. If any portion hereof is found invalid by operation of law or rule of court, the same shall not invalidate the entire contract, the balance of which shall remain in full force and effect. California law governs this agreement.

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