TERMS AND CONDITIONS OF SALE

Temco International Corp.

Effective Date: May 20, 2026 | Rev 1.0

1.  Applicability

These Terms and Conditions of Sale apply to all quotations, sales, and deliveries by Temco International Corp. Any conflicting buyer terms are rejected unless accepted in writing.

2.  Quotations and Orders

All quotations are subject to change and require written acceptance. Seller reserves the right to reject or cancel any order.

3.  Pricing

Prices are subject to change without notice at any time prior to order acceptance. Seller reserves the right to adjust pricing due to changes in supplier costs, freight, or market conditions. All prices are exclusive of taxes, freight, duties, and other charges unless otherwise stated. Buyer is responsible for all applicable charges.

4.  Payment Terms

Payment terms are as stated on invoice. Late payments may incur interest, collection costs, and suspension of deliveries.

5.  Delivery and Shipping

Delivery dates are estimates only. Risk of loss transfers upon shipment or delivery to carrier.

6.  Inspection and Acceptance

Buyer must inspect goods upon receipt. Claims must be made within fifteen (15) days or goods are deemed accepted.

7.  Returns and RMA

All returns require prior authorization and are subject to Temco’s Return Policy.

8.  Warranty

Seller makes no independent warranties. All products are sold subject solely to the manufacturer’s warranty, if any. Seller’s sole obligation is to pass through any transferable manufacturer warranty. All other warranties, including merchantability and fitness for a particular purpose, are disclaimed.

9.  Limitation of Liability

Seller shall not be liable for indirect or consequential damages. Liability is limited to the purchase price of goods.

10.  Disclaimers

10.1 No Field Support Liability: Seller does not provide on-site or field services unless agreed in writing. Any assistance is provided without liability. 10.2 Technical Advice Disclaimer: Any advice is for guidance only and without warranty. Buyer is responsible for product suitability and compliance. 10.3 Installation Responsibility: Buyer assumes full responsibility for installation, operation, and maintenance. 10.4 Limitation on Damages Cap: To the fullest extent permitted by law, Seller’s total cumulative liability shall not exceed the amount paid by Buyer for the specific product giving rise to the claim. 10.5 Product Misuse and Improper Application: Seller shall have no liability whatsoever for any damage, failure, or loss arising from misuse, improper selection, improper application, or improper installation of the products. Buyer is solely responsible for ensuring proper product selection, specification, installation, and use in accordance with manufacturer guidelines and applicable standards. Seller shall not be liable for damages resulting from use outside specified conditions, improper system design or integration, failure to follow manufacturer instructions, or modification of products.

11.  Credit and Collections

Buyer agrees to pay all invoices according to stated terms. Seller reserves the right to charge interest on overdue amounts at the maximum rate permitted by law. Buyer shall be responsible for all costs of collection, including reasonable attorney’s fees, court costs, and collection agency fees.

12.  Compliance with Laws and Regulations

Buyer is solely responsible for ensuring that all products are installed, used, and maintained in compliance with all applicable federal, state, and local laws, codes, regulations, and industry standards, including but not limited to NFPA, ANSI, and other applicable safety requirements. Seller shall have no responsibility or liability for Buyer’s failure to comply with such laws or standards.

13.  Force Majeure