Terms and Conditions 

TERMS AND CONDITIONS
July 21, 2009

1. QUOTATION CONDITIONS, PAYMENT TERMS AND SERVICE CHARGES. This quotation is valid for 30 days. This quotation is for material only and does not include freight, sales tax, start-up, calibration, installation, etc unless specifically stated. This quotation is subject to customer credit approval. No equipment will be released without current approved credit or cash payment in advance. All payments made over 30 days will be assessed a finance charge of 1.5% per month. Payment will be applied first to finance charges, and then to principal. A 5.0% service charge will be added for customers using American Express, Visa and MasterCard. Credit investigation for new customers typically takes 1-2 weeks. Any discrepancies with billing will be reported in writing to Pittsburgh Air Systems, Inc. within five (5) business days of receipt of billing, or Pittsburgh Air System, Inc.’s billing will be conclusively presumed to be ratified and adopted by Customer.
2. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES. Pittsburgh Air Systems /Air Industrial, its divisions, affiliates, successors and assigns DISCLAIM ANY AND ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Customer further agrees that its exclusive remedy against Pittsburgh Air Systems /Air Industrial for equipment that allegedly does not conform to Customer’s specifications shall be repair or replacement of such non-conforming equipment, and Pittsburgh Air Systems, Air Industrial, its divisions, affiliates, successors and assigns hereby DISCLAIM, AND SHALL NOT HAVE LIABILITY FOR CUSTOMER’S INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. Any claimed defects or non-conformities in the equipment will be reported in writing to Pittsburgh Air Systems, Inc. within ten (10) business days of delivery of the equipment, or the equipment will be conclusively presumed to be in full conformance with Customer’s specifications.
3. SHIPMENT DATES. Pittsburgh Air Systems, Inc. does not warrant ship dates. The Estimated Shipment is based on current lead times. Stated lead times are based on current factory loading and may change at the time of release. Customer must consult with Pittsburgh Air Systems for the estimated lead times at time of release of equipment for fabrication.  Equipment will be released upon receipt of approved submittals and customer’s written release instructions and current credit approval. 
4. VALIDITY PERIOD AND EXPRESS CONDITIONS. This Quotation shall be valid for a period of thirty (30) days from the date hereof, and is expressly conditioned on the Customer’s acceptance of the terms and conditions set forth herein. Pittsburgh Air Systems, Inc., will neither accept nor be bound by any change or modification to these terms and conditions, except upon a written change thereto, signed by a duly authorized representative of Pittsburgh Air Systems, Inc.