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<br /> Anthony Service and Installation Instructions
<br /> A oovm,C� 99-21972-SO01 Rev. A
<br /> COMPANY POLICIES, TERMS OF SALE, AND WARRANTY
<br /> The following terms and conditions shall apply to all transactions and agreements be- All Non-Standard Products,whether sold separately.or incorporated and/or attached
<br /> tween Anthony,Inc.("Anthony")and the other party to such transaction or agreement to standard Anthony products,and all services relating to such products,are sold to
<br /> ("Buyer")with respect to the purchase of any goods from Anthony and/or the extension and accepted by Buyer"as is"and"with all faults".Without limiting any other provision
<br /> of credit by Anthony to Buyer for such purchase. of this purchase order,Anthony shall have no liability to Buyer for any claim,loss,
<br /> damage,consequential damages or expense associated with any Non-Standard
<br /> 1.PRICE.Prices shown on the face of the sales invoice are F.O.B.the place of ship- Product and/or its use or operation,or any other equipment or property of Buyer
<br /> ment as designated by Anthony,packaged for shipment and subject to change without caused by or alleged to be caused by any such product or its use or operation,whether
<br /> notice. directly,indirectly,incidentally or consequentially,or by any inadequacy thereof or
<br /> deficiency or defect therein.
<br /> 2.TERMS OF CREDIT.All credit terms are net 30 days from date of invoice.Any
<br /> deductions from the net invoice amount must be approved by a representative of The foregoing exclusion of warranty cannot be modified or waived except as expressly
<br /> Anthony authorized to make such changes.If credit is extended to Buyer,Anthony set forth in a writing signed by an officer of Anthony authorized to make such
<br /> reserves the right to revoke such credit if Buyer fails to make timely payment for any modification or waiver.
<br /> goods delivered.Anthony reserves the right to require payment or other assurances THE ABOVE WARRANTY IS GIVEN IN LIEU OF ALL OTHER WARRANTIES,
<br /> which it deems necessary prior to the shipment of any goods,ff.in Anthony's opinion, EXPRESSED OR IMPLIED,INCLUDING ANY IMPLIED WARRANTIES OF
<br /> exercised in Anthony's subjective,good faith judgment,the Buyer's financial condition MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.ANTHONY
<br /> has deteriorated or the risk of non-payment has otherwise increased.Credit is subject SHALL NOT BE RESPONSIBLE FOR INCIDENTAL OR CONSEQUENTIAL
<br /> to approval upon receipt of completed credit application.Any goods shipped prior to DAMAGES INCLUDING BUT NOT LIMITED TO INJURY TO PERSONS OR
<br /> credit approval shall be shipped C.O.D.,"Cashiers Check",or pre-payment.A$25.00 PROPERTY.
<br /> charge will be applied for each returned check.Goods may not be returned for credit
<br /> unless prior authorization and an authorization number have been granted by Anthony. 6.ACCEPTANCE OF PRODUCTS BY BUYERICLAIMS:Upon delivery,shipments
<br /> A 1%%per month charge will be assessed on past due amounts. must be inspected for damage,loss or shortage prior to acceptance from the carrier.If
<br /> 3.SHIPMENT OF GOODS I RETURN OF GOODS.Every effort will be made to ship damage or shortage exists with respect to any shipment and it is not concealed,Buyer
<br /> shall secure a notation of such damage or shortage from the delivering agent on the
<br /> the goods on the scheduled shipment date and to maintain production schedules freight bill or delivery receipt.If damage is concealed,Buyer must notify Anthony within
<br /> consistent therewith provided however,Anthony shall not be liable for any claims or five(5)days of its delivery and hold the merchandise for its inspection.Any claims for
<br /> consequential damages arising from the failure to meet any scheduled shipping dates. visible loss or damage should be filed by Buyer with Anthony in writing immediately
<br /> If Buyer refuses shipment of any standard catalog products under an acknowledged
<br /> upon receipt of the materials.All claims of Buyer that materials delivered not
<br /> order and those products are consistent with that order and are not delivered damaged conform to the accepted order shall dhandled le claims for breach n y.warranty and
<br /> or defective,then Buyer will be responsible for(i)return shipment of the products to
<br /> Buyer shall be limited to those remedies available for breach of warranty.
<br /> Anthony in original shipping containers;(ii)return freight to Anthony prepaid by Buyer,
<br /> and(iii)a restocking charge to be determined by Anthony of not less than twenty-five 7.CLAIMS BY BUYER.Anthony shall thereupon be afforded a reasonable opportunity
<br /> percent(25%)of the sales price.Buyer assumes the risk of any return shipment dam- to inspect the goods.All claims not made in the time period and manner specified
<br /> age or loss,the cost of which will be assessed by Anthony and added to the restocking above shall be deemed waived.All actions,claims or defenses by Buyer shall be
<br /> charge.No custom products or custom sizes of catalog items may be returned to deemed waived unless commenced or asserted within six(6)months of receipt of the
<br /> Anthony for credit unless those products are not consistent with an acknowledged goods.No claims for visible,external damage or shortage will be allowed unless they
<br /> order or they are defective.If they are defective,Anthony reserves the right to cure the are accompanied by an inspection report or signed delivery receipt noting such loss or
<br /> defect at the ship-to location.Costs for special packaging and/or handling requested damage signed by a representative of the carrier and forwarded to the Anthony Vice
<br /> by Buyer will be billed to Buyer.Shipping terms are specified on the face of Anthony's President,Marketing&Sales within 30 days of the invoice date.
<br /> quotation and/or price list,as applicable.Unless otherwise specified by Buyer in writ-
<br /> ing,Anthony shall select the method of shipment and direct shipment of materials to 8.CANCELLATION.Orders may not be canceled after receipt by Anthony unless
<br /> the specified delivery address of Buyer.In the event of any general freight increase or Anthony consents in writing to such cancellation.Cancellation will be granted only on
<br /> any governmental ruling or regulation that results in increased freight costs,Anthony terms indemnifying Anthony against any loss resulting from such action.At minimum,
<br /> may,without any advance notice,invoice Buyer for such additional costs.Acceptance Buyer will be liable for all cost incurred on the order through the cancellation date.
<br /> and rejections of glass sheets,assembled sealed glass units,and finished doors
<br /> shall be in accordance with the defect criteria set forth in Industry Specification ASTM 9.CHANGES BY ANTHONY.Anthony reserves the right to change design,colors and
<br /> C1036-06 Standards,level Q3. specifications of any goods without notice to Buyer.
<br /> 4.RISK OF LOSS.Subject to security interests retained by Anthony until payment 10.DEFAULT.If Buyer defaults or fails to pay on the purchase of any goods or if
<br /> for the goods is received in full,the title to such goods and risk of loss or damages a petition in bankruptcy is fled by or against Buyer,Anthony,in addition to other
<br /> thereto pass to Buyer upon completion of loading of goods on carrier at Anthony's remedies,may repossess any goods which were previously delivered and for which
<br /> factory.Buyer will unload shipments promptly and Buyer will be liable for any additional payment has not been received,and may refuse to make further shipment of goods.
<br /> charges such as demurrage,storage,and labor incurred by its failure to do so.Any Buyer agrees to pay Anthony's attomeys'fees,costs and expenses incurred as a
<br /> claims by Buyer for damages to the goods incurred during shipping shall be made to result of Buyers default or failure to pay,including but not limited to any collection or
<br /> the carrier. repossession expenses
<br /> 5.WARRANTIES.The products which Anthony manufacture and offer for sale are 11.ENTIRE AGREEMENT AND AMENDMENT.The terms specified herein constitute
<br /> warranted to. i be free from defects in materials and workmanship;and(ii) the entire agreement between Anthony and Buyer with respect to the sale and
<br /> () p; ()perform in
<br /> accordance with applicable refrigeration standards purchase of the goods and any extension of credit.If Anthony and Buyer agree to
<br /> of the date of manufacture for amend or modify any terms and conditions specified herein,such amendment or
<br /> a period of 12 months from the date and place of shipment,
<br /> ment,provided that the instal- modification must be expressly stated on the face of the sales invoice or by a written
<br /> lotion and maintenance of such products have been performed strictly in accordance agreement duly executed by an officer of Anthony and the Buyer.The terms specified
<br /> necessary parts and labor at its cost to fulfill said Warranty.All parts will be shipped
<br /> with Anthony's designated specifications the"Warranty").Anthony shall provide all herein shall control in the event of any variance between these terms and any terms standard ground freight.The extent of Anthony's liability under the Warranty is limited contained in Buyer's purchase orders.
<br /> to the repair or replacement,at Anthony's option,of any non-conforming products 12.GOVERNING LAW.This purchase order,any agreements between Anthony and
<br /> without charge,at Anthony's Sylmar manufacturing plant.Additionally,for a period of Buyer and all other claims that arise between the parties,whether sounding in contract
<br /> 10 years from the shipment date,Anthony will replace sealed glass units that are part or tort,shall be governed by,construed and enforced in accordance with the laws of
<br /> of an original Anthony-manufactured door if the seal breaks and internal condensation the State of California.By entering into this purchase order and any other agreement
<br /> results.Anthony-manufactured LED lighting have a five(5)year component warranty with Anthony,Buyer consents to the jurisdiction of the courts of the State of California
<br /> and twelve(12)month labor warranty.The anti-fog coating is only warranted for a pe- to determine all claims between the parties,regardless of whether said claims are
<br /> riod of twelve(12)months from date of shipment.Anthony reserves the right to change contract claims,tort claims,patent claims,trademark claims or copyright claims.Venue
<br /> its warranty provisions at its sole discretion at any time with or without prior notification of any lawsuit(State or Federal)against Anthony must be filed in Los Angeles County,
<br /> of such change. California.Service of process on Buyer may be made by registered mail addressed to
<br /> No Warranty for Non-Standard Products. the Buyer.
<br /> A"Non-Standard Product"is any product that is different in any manner from any 13.SEVERABILITY.If any provision of the terms and conditions specified herein
<br /> Anthony product that has been previously designed and manufactured by Anthony in shall be deemed invalid or unenforceable,the remaining terms and conditions shall
<br /> accordance with its standard specifications.A Non-Standard Product also includes any be construed as though such provision does not appear herein and shall be otherwise
<br /> standard Anthony product that has been specially designed or modified to meet a par- fully enforceable.
<br /> ticular Buyer specification,or that contains any additional or substituted product,part,
<br /> accessory,equipment,fixture,component or material,or that has been assembled, 14.HEADINGS.The section headings contained herein have been inserted for
<br /> manufactured,produced,or installed by any method or process,which is different convenient reference and shall not be considered in any questions of interpretation or
<br /> from Anthony's standard specifications for such product.Anthony expressly disclaims construction of any agreements between Anthony and Buyer.
<br /> and make no warranties,express or implied,as to the condition,design,utility,quality,
<br /> adequacy,or capacity with respect to any standard or Non-Standard Product,includ-
<br /> ing,without limitation,any warranty of merchantability or fitness of such product for a
<br /> particular purpose or intended use,whether or not such product has been designated
<br /> by Anthony as a Non-Standard Product.
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