Warranty

TERMS AND CONDITIONS

1. Exclusions: Seller's proposals exclude all sales and use taxes. They also exclude the provision of cranes, scaffolding, ladders, other extraordinary equipment, and the services of carpenters, contractors, or electricians except as specified in this Proposal / Contract. When specified by the Proposal / Contract, and for an additional agreed-upon fee, Seller will procure these services as agent of the Buyer.

Unless an Installation Addendum is attached to this Proposal / Contract, installation is not included in the proposal.

2. Design: Manufacturing will be in accordance with drawings, data sheets or other literature provided by the Seller and/or in accordance with specifications, plans, or drawings provided by the Buyer or an agent acting on his behalf (e.g. architect). These specifications, plans, or drawings will be cited and become a part of any contract.

Design and engineering are a contractual obligation. Cancellation will obligate the Buyer to pay for any design, engineering or manufacturing costs incurred prior to Seller's receipt of notice of cancellation.

3. Illustrations: The Buyer understands that the clock units and other goods may differ from those illustrated in Seller's literature and the Americlock, Inc. website because of improvements or alteration in design and production.

4. Electronic Media: copying of any pictures and / or specifications /other electronic media from the Americlock, Inc. website, or using any promotional / architectural reference software and programs distributed by Americlock, Inc. can only be done with the written consent of Americlock, Inc.

5. Production and Delivery: A maximum of months may be required for production and delivery of goods from the date of receipt of the deposit, the signed contract, and required supporting documents, including, without limitation, drawings and final detailed instructions. In practice, Seller will work within any reasonable timetable.

Should the Buyer or his agent as designated in the contract be unwilling or unable to receive goods on the delivery date, or in the event of installation by Seller, be unable to permit installation on the date designated for installation, the Seller will be entitled to compensation for costs incurred in making deliveries or additional trips to the job site.

6. Receiving: Equipment: Receiving equipment shall be unloaded and received by Buyer.

7. Delays: The Seller shall not be responsible for delays caused by unavailability of material, labor troubles, fire, earthquake, or other events beyond Seller's control.

8. Ownership: Title to the goods shall remain with the Seller until amounts outstanding have been paid. The Seller shall retain the right of title to the goods and may enter the premises and remove all goods, whether or not affixed to real estate, if outstanding balances owing shall not have been paid.

9. Warranty: All new parts or repairs which fail within two years after purchase will be corrected without charge if, in Seller's judgment, the failure is caused by faulty workmanship or materials and not by improper usage. With the specific exception of electronic components, all electromechanical parts shall be guaranteed by the Seller for a period of two years after purchase against defects in manufacture or installation (where Seller has installed), provided however, that in Seller's judgment the failure has been caused by faulty workmanship or materials, and not by improper usage. All guarantees shall be nullified in the event the Buyer shall have the goods repaired by a person other than a repairman authorized by the Seller. Where the Buyer or Buyer's representative has installed the goods, the Buyer shall return the goods to the Seller's factory or designated place of repair via mail or prepaid transportation, the cost of which transport shall be the responsibility of the Buyer. Where the Seller has installed the goods, the Buyer shall provide access to the goods at Buyer's expense.

10. Timekeeping: Timekeeping regulation of all hand wound or automatically wound clocks shall be the responsibility of the Buyer.

11. Terms of Payment: Seller's prices are quoted net. Seller requires a deposit as specified in this Proposal / Contract. This deposit is not refundable. The balance of payment shall be in the form of certified check upon delivery (COD) or be pre-paid before delivery.

12. Acceptance of Contract: This contract only becomes binding when signed and accepted by the Seller.

13. Legal Construction: This Proposal / Contract shall be interpreted according to the laws of the State of Missouri.

14. Entire Contract: Notwithstanding any prior correspondence or verbal communications to the contrary, this Proposal / Contract (and Installation Addendum if signed), embodies the entire understanding between the parties, and no future modification thereof or waiver in connection therewith, shall be binding unless reduced to writing and signed by the party claimed to be bound thereby.

15. Attorney fees and costs of collection: In the event of default by Buyer in making any payment required hereunder, the Seller may recover all costs, including reasonable attorneys' fees, incurred in attempting to collect the outstanding amount.

16. Arbitration: All claims or disputes arising out of this Proposal / Contract or the breach thereof shall be decided by arbitration in accordance with the applicable rules of the American Arbitration Association then obtaining unless the parties mutually agree otherwise. Notice of the demand for arbitration shall be filed in writing with the other party to the Agreement and with the American Arbitration Association and shall be made within a reasonable time after the dispute has arisen.

17. Regulations and Codes: Compliance with federal, state, and local building codes or regulations is the sole responsibility of contractor(s). Americlock, Inc. does not assume any liability or responsibility for violations thereof.

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