EMP TERMS AND CONDITIONS OF SALE

1. SALE OF GOODS:
The buyer's issuance of a purchase order in response to EMP's quotation is an acceptance of the terms and conditions of sale.

2. ORDERS:
All orders received by EMP are subject to acceptance by EMP.

3. PRICES & TERMS:
Unless otherwise noted, all prices are subject to change without notice. Our terms are expressly stated on each invoice. Prices are stated in U.S. Dollars. Invoices are payable in U.S. Dollars only.

4. FINANCES:
If in EMP's judgment, the financial condition of the buyer at any time does not justify the terms of payment specified, EMP reserves the right to require full payment prior to shipment or delivery.

5. FINANCE CHARGES:
EMP reserves the right to charge 1.5% per month on all past due accounts. In the event the buyer defaults, they shall be liable for all collection costs incurred by EMP including, but not limited to, attorney and collection agency fees

6. CANCELLATIONS:
Reasonable charges based on expenses already incurred and commitments made by EMP may be assessed on cancelled orders. For stock items 20%, for custom orders 50%.

7. DELIVERY:
Stock items will be scheduled for delivery within 3 days. Same day delivery may result in additional charges. EMP shall not be liable for failure to deliver or for delays in delivery or performance. Any factory shipping dates are purely estimated and shall not be deemed to represent fixed or guaranteed shipping dates.

8. RETURNED GOODS:
Buyer must request an RMA (Return Material Authorization) prior to returning any merchandise for repair, exchange or credit within 30 days. [Call 631-434-3700.] No returned merchandise will be accepted without an RMA. Returned merchandise is subject to reasonable restocking fees- 25% on stock items and 50% on custom orders.

8A. EMP reserves the right to accept or decline custom orders for return.

8B. EMP reserves the right to accept or decline parts that have been unwrapped or installed before return

9. FREIGHT CHARGES:
The customer has the option of providing EMP with a shipping account number for shipping costs or to have shipping costs invoiced. All freight for repairs or returns to EMP will be the responsibility of the buyer.

10. HANDLING FEE:
DDTs and Servo units are custom crated and require additional handling charges in insure proper packaging. All export shipments are subject to a minimum $25.00 export handling fee. Please contact EMP for specific handling fee as the rate varies per country.

11. LIMITED WARRANTY:
If EMP provides advice or other assistance with respect to any product, system or equipment on which an EMP product may be installed, the furnishing of advice or assistance will not subject EMP to any liability, whether in contract warranty, tort (including negligence) or otherwise. The sole responsibility of EMP shall be to repair or replace, at its option, any EMP product which has been found to be defective within the warranty period.

In no event, whether as a result of breach of contract, warranty, tort (including negligence) or otherwise shall EMP or its suppliers be liable for any special, consequential, incidental or punitive damages, including but not limited to loss of profit or revenues, loss of use of the products or any associated equipment, damage to associated equipment, cost of capital, cost of substitute products, facilities, services or replacement power, down time costs or claims of third persons who buy from or deal with customers of EMP for such damages.

EMP provides a one year warranty on all new parts and 90 days on repairs. The warranty will become void if the part is disassembled or defective because of improper use, maintenance or installation.

EMP policy is to ship out a replacement part immediately so that, you, the customer, adversely affected. To maintain record of the shipment/sale the part is invoiced as a normal sale. This procedure ensures that the damaged part is returned for evaluation. After the evaluation is completed and upon determination that the failure is covered by warranty (malfunction or design) a credit memo is issued to the customer. In the event that the damage was incurred as a result of misuse or run out of specification the invoice charge will still apply.

12. DISCLOSURE OF INFORMATION:
Any information, suggestions or ideas transmitted by a customer to EMP in connection with products ordered by customer are not regarded as secret or submitted in confidence except as may otherwise be provided in writing by an officer of EMP.

13. When you purchase a custom EMP control board, you are purchasing the license to use it, not the software. If you use the EMP board on any other application other than an authorized EMP system, it is considered a violation of EMP intellectual property rights.