BRASCO INTERNATIONAL, INC. sas
Brasco International, inc. (“Brasco”) Standard Terms and Conditions of Sale
The Brasco Intemational, inc. Standard Terms and Conditions of Sale (“Terms and Conditions”) are incorporated herein by reference and form part of this agreernent. This quotation
shall be valid for 30 days unless otherwise withdrawn by Brasco prior to Purchaser accepting. Purchaser's issuance of either a purchase order or an acceptance shall constitute an
acceptance of the Brasco Terms and Conditions. Acceptance shall be in writing. Any additional terms or modifications to the Brasco Terms and Conditions proposed by Purchaser,
whether in a purchaser order or otherwise, are expressly rejected by Brasco and not part of the agreement between Brasco and Purchaser. The agreement between Brasco and the
Purchaser shall be referred to herein and in the Brasco Terms and Conditions as the “Contract”, This quote constitutes an offer to sell products and services on terms expressed herein
and shall be construed as inviting acceptance from the Purchaser.
Terms of Payment. Notwithstanding anything contained herein, payment shall be due in accordance with the terms of Brasco's Acknowledgment ("Acknowledgment’), which will be
generated upon receipt by Brasco of the Purchaser's signature on the Quote or receipt by Brasco of the Purchaser's signature on the Acknowledgment. An invoice will be generated by
Brasco pursuant fo the terms of payment under the Contract once Brasco has completed the Order, and the due date for the payment of balance due under the Contract shall be on the
invoice.
Warranties. Components not manuiactured by Brasco shall be covered by their relevant manufacturer's warranty only. Brasco Products must be installed in accordance with Brasco’s
installation instructions. The workmanship, design and machined components on the Products are warranted to conform to the applicable specifications and to be free from defects in
workmanship and materials for the relevant period listed in Fig. 1. All warranties begin from the date of delivery (DOD). Brasco will transfer ownership and good title to the Products
free and clear of liens and rights of third parties. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES OR REPRESENTATIONS,
EXPRESS OR IMPLIED, ARISING BY LAW OR CUSTOM, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALL
IMPLIED WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED.
FIG. 1: STANDARD PRODUCT WARRANTIES FROM DATE OF DELIVRY
General Product Workmanship 1 Year
Powder Coat Finish 2 Years for Aluminum Products, 1 Year for Steel Products
Solar Panels 2 Years Per Manufacturer's Warranty
Solar Lighting Mounting Hardware 7 Year
LED Light Fixture & Engine 3 Years
Wire Hamesses and Connectors 3 Years
Solar Charge Controller 3 Years
Solar Batteries 3 Year Proration (0-12 months: 100%, 13-24 months: 50%, 25-36 months: 25% refunded / applied). Sealed lead acid batteries will self-discharge
in storage. Batteries should be stored indoors at a recommended 68 degrees Fahrenheit for max. shelf life. Balteries should be installed no later
than 3 months of delivery or battery warranties will be void.
Limited Remedies. Any warranty claims by Purchaser shall be communicated to Brasco in writing. Failure by Purchaser to give written notice of claim within the stated warranty
period shall be deemed an absolute and unconditional waiver of Purchaser's warranty claim. Purchaser's sole and exclusive remedy for a valid warranty claim is either repair or re-
placement of the Products or a full refund of the price paid by Purchaser for the Products (which remedy shall be selected by Brasco). The remedy does not include the cost of installa-
tion, removal, dismantling, or reinstallation and is limited to replacement parts. Shipping and handling fees are not included uncer warranty terms and are the responsibility of the Pur-
chaser. Purchaser will provice Brasco with access to all available warranty data and the Products. Purchaser will also provide Brasco with an opportunity to participate in root cause
analysis performed by Purchaser conceming the Products. Brasco shall have ne liability to the extent Products are or have been: (a) modified by Purchaser or a third party; (b} modified
by Brasco at Purchaser's request; (c) made to specifications not provided by Brasco; (d) used or installed in a way not known to Brasco or operated under conditions not known to
Brasco; or (e) subject fo misuse, abuse or improper storage, installation or maintenance.
Payment Late Charges, Certain Remedies and Recovery of Expenses. Except as otherwise provided in the Acknowledgment, all payments are due thirty (30) days from the date
of Brasco's invoice and shall be paid in United States currency. Purchaser shall pay a charge equal tc the lesser of (i) the highest rate allowable by law or (i) 1.5% per month (18% per
annum) of the unpaid balance with respect to any late payments. in addition, Purchaser shall pay all cosis and expenses incurred by Brasco, including actual attorney's fees, which
were incurred in connection with enforcing the Contract and/or collecting any past due payments. Brasco shalt have the right of setoff, the right to terminate the Contract and/or the right
to suspend further deliveries under the Contract and/or other agreements with Purchaser, the right to recover damages in addition to any other remedies available to Brasco as a matter
of law, in the event Purchaser fails to make any payment when due. Brasco may require full or partial payment in advance of shipment if, in Brasco's opinion, the credit or financial
condition of Purchaser is, or is about to become, impaired. If Purchaser requests delayed shipment, Brasco may bill for Products when ready for shipment and charge reasonable daily
storage fees. Purchaser shall not have any right of setoff against Brasco. The remedies available to Brasco for Purchaser's breach are intended to be as flexible as permissible and
cumulative to the fullest extent permissible and no choice of any one or more remedies is intended to constitute an election of remedies which would limit the ability to assert other
remedies.
© 2018 Brasco Inierational, Inc. All Rights Reserved
