TERMS AND CONDITIONS

TERMS AND CONDITIONS OF SALE BETWEEN GT MIDWEST (Seller) and CUSTOMER (Buyer)

PRICES

Prices, terms, and conditions of sale are subject to change without notice. Every effort will be made to provide reasonable notice of changes.

QUOTES

Price quotes are valid for a period of 30 days from the date of submission to the buyer and subject to all requirements set forth at the time of the quote ? including, but not limited to, specific items, volumes, timing, shipping methods and terms. Any deviations from the requirements established at the time of the quote may result in revised pricing.

RETURN OF MATERIAL

Sales are final and any returns are at the sole discretion of the seller. Returns must be pre-authorized by GT Midwest, must be shipped prepaid, and must reference our authorization number on the package. Material received by seller without return authorization number will be returned to buyer at his expense. Returns are subject to a restocking charge to cover handling and administrative expenses.

CANCELLATION

Any request for cancellation must be presented to seller in writing. Seller may accept cancellation of an order for standard parts prior to standard lead time. Within standard lead time, cancellation may be refused or subject to a cancellation charge. Request for cancellation of any non-standard parts are subject to cancellation charges up to 100%. Blanket order cancellation will be based on the original ship schedule, not on subsequent delivery re-schedules.

FREIGHT CHARGES

Shipments are sold FOB origin. Seller reserves the right to select the method and type of transportation to the buyer. All shipping and handling charges, including excess packing, shipping, transportation charges, expediting and special handling costs shall be charged to buyer's account.

DROP SHIPMENT

Merchandise may be shipped directly to seller's customers from the manufacturer. Seller reserves the right to deny drop ship privileges for any reason. All drop shipments must comply with seller's standard procedures as outlined above and freight charges will be FOB point of shipment instead of seller's dock.

GOODS DAMAGED IN TRANSIT/CONCEALED DAMAGE

Damage to goods in transit is the liability of the carrier. It is the responsibility of the buyer to document and report all damages to the carrier without delay. Any evidence of damage must be retained by the buyer for inspection by the carrier. If damage was not noted and reported at the time of the receipt of the goods, the carriers may refuse liability for concealed damage reported after 30 days. Seller does not accept liability for goods damaged in transit.

TAXES

Seller will collect from the buyer and remit to the tax jurisdictions, tax amounts based on the then-current tax rates, delivery location of the product, and the tax status reported by the buyer. The buyer must clearly indicate when they are exempt from tax and must furnish seller evidence of legal exemptions via a tax exemption certificate acceptable to the applicable taxing jurisdictions. If buyer indicates they are tax-exempt, any tax liability becomes the responsibility of the buyer.

GOVERNING LAW

All contracts between buyer and seller shall be governed by and construed in accordance with the applicable laws of the State of Kansas.

Form S0010A

Rev B

Dated 10/15/2013