ELECTRONIC COMMERCE

By submitting website online orders, Everhard Products, Inc. ("Everhard") and the Buyer ("Buyer") agree to be bound by transactions performed through Everhard's e-commerce website via the issuance of purchase orders by electronic data interchange (EDI), facsimile, and e-mail and such transactions will be subject to the terms and conditions of sale specified below. The parties acknowledge that no writing shall be required to make their electronic transactions legally binding, notwithstanding any contrary requirement in the law. As necessary, the parties will adopt as its signature an electronic identification to be affixed to or contained in each document transmitted by the party ("Signed Documents"). The parties will implement reasonable security procedures to ensure authorized transmissions and to protect business records and data from improper access. By performing such transactions in the foregoing manner, the parties, agree that no signature will be required to have a legally enforceable electronic commerce transaction, which will be honored to the fullest extent under law. The parties agree not to contest the validity or enforceability of Signed Documents under the provisions of any applicable laws, including any statute of frauds statutes, relating to whether certain agreements be in writing and signed by a party to be bound. Any such Signed Documents, if introduced as evidence in any legal or administrative proceeding, will be admissible as evidence to the same extent as business records, which originate and are maintained in documentary form. The provision under this Electronic Commerce paragraph will be in addition to any other agreements entered into between Everhard and Buyer concerning electronic data interchange.

TERMS ACCEPTANCE

Unless otherwise specifically agreed in writing by an authorized officer of Everhard Products, Inc. (“Everhard”), the “Buyer” hereby agrees to comply with the following terms and conditions of sale (“Terms”) in connection with an order for any of the goods, materials, supplies, components, drawings, data or other property described herein (“Products”). Shipment of Products by Everhard against a purchase order will not constitute acceptance of any terms or conditions set forth in such purchase order. Any additional terms and conditions proposed by Buyer in its purchase order or otherwise are hereby rejected by Everhard and shall not be incorporated into these Terms. Buyer’s assent to these Terms shall be conclusively presumed from Buyer’s failure to object thereto in writing as well as from Buyer’s acceptance of all or part of the Products ordered. Proposals to supply Products are valid for 30 days unless amended by Everhard and Buyer in writing. These Terms represent the entire agreement of the parties and proposals, negotiations, representations or agreements made or entered into prior to or contemporaneously with these Terms, whether verbal or written, are excluded. If these Terms are found to be an acknowledgment and if such acknowledgment constitutes an acceptance of an offer, such acceptance is expressly conditional upon Buyer’s consent to these Terms. These Terms are effective regardless of the format in which a purchase order is received ― including purchase orders received electronically (e.g., e-mail).

TERMS OF PAYMENT

OPEN ACCOUNT: 2 percent, 10 days, Net 30 days, upon return and approval of credit application.

ADVANCE PAYMENT/C.O.D.: If you do not have an account with us we will be glad to ship your order after clearance of your advance check. Your advance check should include the total price of tools ordered and all shipping and packing charges. There is a $300.00 maximum for all COD's.

CREDIT CARD: Visa or Mastercard only. (Required on ALL initial orders less than $250.00)

SHIPPING TERMS

All orders F.O.B. - Canton, Ohio. Actual freight allowed on orders of $750.00 or more shipped to a single location within the Continental US. NOTE: Heavy Membrane Rollers and STAK-N-TOTE® products are excluded from the freight allowance.

MINIMUM ORDER: There is a minimum order of $75.00.

TERMS OF PAYMENT - INTERNATIONAL ACCOUNTS
CREDIT CARD: Visa or Mastercard only. (Required on ALL initial orders less than $250.00.) This is the most simple method of payment for international orders.

WIRE TRANSFER: We will be glad to ship your order after receipt of your confirming purchase order number and your wire transfer. Your wire transfer should include the total price of products ordered and shipping and packing charges. A $30.00 wire transfer fee must also be included with all wire transfer orders. Please note minimum order charge below. Payment must be in U.S. funds.

IMPORTANT: PLEASE INCLUDE YOUR COMPANY NAME AND YOUR PURCHASE ORDER NUMBER ON THE WIRE TRANSFER.

RETURNED GOODS POLICY: No merchandise is to be returned without prior authorization and a Returned Materials Authorization (RMA) number issued by Klenk. If return is authorized, transportation charges must be prepaid. Upon inspection and approval, credit will be issued less a 15 percent handling charge, with a minimum charge of $50.00, for any return determined not to be a manufacturing defect. Credit or replacement is subject to the evaluation of the condition of the returned materials. Materials returned as defective can only be replaced or credited after the determination of the defect. See "Warranty Information" below.

WARRANTY INFORMATION

1. Each product carries a limited warranty. If any tool should break as a result of a manufacturing defect, contact us for repair or replacement. This warranty does not cover damage due to misuse or abuse, tools out of adjustment from use, wear from extensive use, improper use and storage, or any other defect or malfunction of the tool that is other than a manufacturer's defect. Refer to our "Returned Goods Policy" above.
2. Any modifications, alterations, or repairs to our equipment performed by others shall cause this warranty to be null and void.
3. Component parts not manufactured by us shall be warranted consistent with the express warranty policy of the manufacturer of such parts.
4. OUR ENTIRE LIABILITY UNDER THIS WARRANTY SHALL BE LIMITED TO THE PROMPT REPAIR, AT OUR OPTION, OF ANY DEFECTIVE PRODUCT. WE WILL NOT BE LIABLE FOR CONSEQUENTIAL DAMAGES.
5. THIS EXPRESS WARRANTY IS IN LIEU OF AND EXCLUDING ANY AND ALL OTHER WARRANTIES BOTH EXPRESSED AND IMPLIED, INCLUDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
6. No one is authorized to make any warranty or representation other than as set forth in the standard warranty, and the customer may not rely on any other of the design, development, supply production and performance information for PRODUCTS for which Orders are solicited hereunder.

ADVERTISING/PROMOTIONAL MATERIALS

Catalogs, product flyers, and price sheets are available on request. In addition, while our advertising and art department staff is willing and able to provide product descriptions, photos, graphics, and logos for distributor-generated sales material, our company policy does not permit us to help support the cost of producing such material or give any advertising allowances.

Any provision of text, photos, graphics, logos, and any other product information does not constitute an agreement by Everhard Products, Inc. to cover any costs associated with preparing, designing, proofreading, or printing any product that may contain this information. Any costs associated with using product information from Everhard is solely the responsibility of those parties making the request and those parties assume all risk associated with using such information.

ALL TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE.