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Catalog Price List - Becker Equipment,Inc.

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• Payments by wire transfer shall be made in accordance with the wire transfer instructions set forth in Knight’s invoice.<br />

Payments by check shall be sent to the payment location specified in Knight’s invoice and otherwise be made in<br />

accordance with the payment instructions set forth in Seller’s invoice.<br />

• Other payment terms may apply at Knight’s discretion.<br />

Products, Services and Specifications:<br />

• Products and Services may be discontinued at any time without notice, and Products, Services and specifications may be<br />

changed at any time without notice.<br />

Resale and Other Products:<br />

• If Customer resells Products purchased from or serviced by or through Knight: (a) Customer shall be solely responsible<br />

for any and all claims, liabilities and obligations asserted against Customer by its customers and other users of the<br />

Products, and (b) Knight shall have no liability or responsibility for any such claims, liabilities or obligations.<br />

• In the event that any Product purchased from or serviced by Knight is incorporated or installed by Customer in, or<br />

combined by Customer with, a non-Knight product, component or "Other Product”: (a) Customer shall be solely liable,<br />

obligated and responsible for such Other Product and all claims related thereto, and (b) Knight shall have no risk, liability,<br />

obligation or responsibility of any kind with respect to any such Other Product or any claims related thereto.<br />

Product and Service Warranties:<br />

• Subject to the Warranty Exceptions and Exclusions ser forth below: (a) Knight warrants that each Knight control and<br />

pump system that it sells to Customer will be free of defects in workmanship and material for Knight assembled product<br />

for a period of one year from the date of shipment and two years from date of shipment for electronic circuit boards from<br />

Knight’s facility, (b) Knight warrants Spirit pump dispensers for a period of one year from the date of shipment on both<br />

mechanical and electronic components (c) Knight warrants that all Services that it performs for Customer will be<br />

performed by qualified personnel in a workmanlike and professional manner for a period of 30 days from the date of<br />

performance, and (d) Knight warrants that each Knight component or part that it sells to Customer in connection with<br />

Services that it performs for Customer or otherwise will be free of defects in workmanship and material for a period of 90<br />

days from the date of shipment from Knight’s facility or, if installed by Knight, from the date of installation.<br />

• THE ABOVE WARRANTIES ARE THE SOLE AND EXCLUSIVE WARRANTIES MADE BY KNIGHT WITH RESPECT<br />

TO ANY PRODUCTS OR SERVICES. NO OTHER EXPRESS OR IMPLIED WARRANTY OF ANY KIND, ORAL OR<br />

WRITTEN, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR<br />

PURPOSE, IS MADE WITH RESPECT TO ANY PRODUCTS OR SERVICES.<br />

• Knight Customer Service must be notified of a warranty claim in writing or by email or fax prior to the expiration of the<br />

applicable warranty period. Seller shall have the right to require that a Product that is the subject of a warranty claim be<br />

returned to Knight at its facility for inspection and evaluation. All Product returns must be in accordance with Knight’s<br />

return policy (See Return Policy below). If Knight determines that a proper warranty claim has been asserted, Knight will<br />

replace or repair the defective Knight Product and/or re-perform the Knight Service, as the case may be, free of charge or,<br />

at Knight’s sole discretion, refund or credit to Customer the price it paid for such defective Knight Product and/or Knight<br />

Service, as the case may be. Such replacement, repair, re-performance, refund or credit will be Knight’s sole liability and<br />

obligation and Customer’s sole right and remedy with respect to any nonconforming or defective Knight Product or<br />

Service All Products that are replaced shall be the property of Knight. Customer shall be responsible for all freight<br />

charges in connection with any replacement or repair. Any repaired or replacement Product shall be warranted only for<br />

the remainder of the original applicable warranty period.<br />

• The above warranties, rights and remedies extend solely to Customer and to no other person or entity, including, without<br />

limitation, any customer of Customer and user of any Product other than Customer.<br />

• Knight does not warrant the performance of Products under actual conditions or for use in specific applications, and<br />

Knight shall have no liability or obligation if a Product is used under conditions or for an application for which it is not<br />

suited.. Customer will have the sole responsibility for determining the suitability of Products under actual conditions and<br />

for specific applications.<br />

• Statements and data relating to Products and Services on Knight’s website and in promotional, marketing and technical<br />

literature and materials (i) are not intended to define the performance of any Product under actual conditions or when<br />

used for specific applications, (ii) are not warranties, and (iii) should not be relied upon by Customer in determining the<br />

performance of Products under actual conditions or the suitability of Products for specific uses or applications.<br />

Warranty Exceptions and Exclusions:<br />

• Rubber and synthetic rubber components and parts, such as “O” rings, diaphragms, squeeze tubing and gaskets, and<br />

other components and parts considered to be expendable are not warranted.<br />

• Prototypes, experimental devices, samples and loaners are not warranted.<br />

• Products that are proposed or quoted as being sold “Used” or “Without Warranty” are not warranted.<br />

Rev. September 1, 2009 Page 90

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