Contract:
Sales invoices are subject to acceptance by MODERN Ice Equipment and Supply, hereinafter referred to as the Seller, at its Cincinnati, Ohio office, and contingent upon strikes, ability to secure material, or causes beyond Seller’s control. No terms or conditions of Purchaser’s order contrary to the Seller’s terms and conditions shall be binding upon the Seller unless specifically agreed to by the Seller in writing.

Prices:
All quoted prices are understood to be F.O.B. manufacturer’s plant, unless otherwise stipulated by Seller, with deliver to and accepted by carrier constituting delivery to Purchaser. Prices do not include “start-up” of equipment unless otherwise stipulated by Seller.

Finance Charge:
Past due accounts of thirty (30) days or more are subject to an Finance Charge of one and one-half percent (1.5%) per month, eighteen percent (18%) per annum. All collection and reasonable legal fees are to be paid by Purchaser when past due accounts are referred for collection through an agency, attorney, or court.

Title:
It is agreed that Seller will retain title to any equipment and have the right to possession of any equipment invoiced herein until final payment is made and if full payment is not made as agreed, the Seller shall have the right, at Purchaser’s expense, to remove all invoiced equipment, installed or otherwise, and Purchaser agrees to hold Seller harmless for any damages resulting from the removal thereof from any persons whomsoever.

Insurance:
Upon delivery to and acceptance by carrier of this equipment, the Purchaser shall assume risk of loss or damage to such equipment, and shall cause the same to be insured against loss or damage in an amount sufficient to protect the interest of Seller. Proof of insurance policies shall be delivered to Seller at its
option.

Limited Warranty:
Any warranties on the equipment or accessories invoiced and sold herein are solely and exclusively those of the Manufacturer, which is usually for a period of one (1) year from the date of shipment F.O.B. Manufacturer’s plant. Seller makes no warranty of any kind whatsoever, expressed or implied and there are no warranties of merchantability and/or fitness for a particular purpose. Seller shall not be liable for any incidental or consequential damages to any person or property for any reason whatsoever. Without limitation to the foregoing, in no event shall Seller be liable for the loss of use of the product or for the loss of use of any other product, process, plant, equipment, or facilities of the Purchaser, or the end-user whether partially or wholly due to defects in material and/or workmanship and/or design of any manufacturer’s product, and in no event shall Seller be liable for removal of appurtenances or incidentals such as connections, pipe work, or similar items of obstruction or for any cost brought about by the necessity of removing the product from its point of installation.

Taxes:
All prices are exclusive of taxes. Sales, Use, Excise, and Other Taxes by whomsoever levied, are to be paid by the Purchaser, and unless invoiced herein by Seller, are to be paid by the Purchaser direct to the appropriate Federal, State, Municipal, or Foreign Government.

Delivery:
Delivery of shipment specified is Seller’s best estimate and Seller shall not be liable for delay in deliveries resulting from any cause whatsoever. Failure to ship on or near the estimated date shall not entitle Purchaser to cancel his order without charge. If shipment is held up by Purchaser or deferred at Purchaser’s request, it is agreed the invoice will be accepted for payment in accordance with the terms shown as though shipment has been made.

Freight Damage:

If you receive merchandise that has been damaged in transit, it is important to note the damage on the shipping documentation upon receipt and to keep the shipping carton, packing material and parts intact. Please contact a Modern Ice Equipment & Supply Representative immediately to initiate a claim.

Return of Materials:

In most cases, Modern Ice Equipment & Supply will accept merchandise returns and will replace the Product or refund your money at your option.

To facilitate processing of returned merchandise:

• Please contact a customer service representative to obtain an RMA (Returned Merchandise Authorization) number prior to returning a Product(s).  Products returned without RMAs will not be accepted.
• For all returns not relating to manufacturers’ warranties, returns must be made within 30 days of date of invoice, be accompanied by the original invoice number, include a brief explanation of the reason for the return, and be in the original packaging and in new condition.
• Return freight charge must be prepaid.
• Products returned solely due to customer error may be subject to a restocking charge.
• Custom Products from a manufacturer specifically for you may be Non-Cancelable/Non-Returnable.
• Products specified as “Non-Cancelable/Non-Returnable” at time of quote or sale are not returnable.
• Returns relating to manufacturers’ warranties are subject to the terms and conditions of the applicable manufacturer’s warranty and the applicable manufacturers’ return policies for the Product.  Please contact a customer service representative for details.

Cancellation:
Cancellation of orders may be made only with the Seller’s written consent if products were not originally sold as Non-Cancelable/Non-Returnable.  Purchaser shall be subject to cancellation charges.

Fair Labor Standards Act:
Seller certifies that the products purchased hereunder are produced in compliance with all applicable requirements of the Fair Labor Standards Act of 1938, as amended.

Assignment:
Any assignment of the rights accruing hereunder shall be void without prior consent of the Seller.

Governing Law:
The entering into, construction, interpretation, performance, and discharge of the terms set forth herewith shall be governed in accordance with the laws of the State of Ohio.

Governing Conditions:
Contractual agreements executed by the Seller and Purchaser shall take precedence over comparable terms set forth herein.

Safety Notice:
Safety and warning labels appearing on products sold by MODERN ICE EQUIPMENT AND SUPPLY are intended for the protection of the purchaser and users of the products. These labels should be preserved to the extent possible. Upon request, MODERN ICE EQUIPMENT AND SUPPLY will provide replacement labels for products it manufactures.