Terms and Conditions

1. ACCEPTANCE
   All orders and sales contracts are subject to acceptance or rejection by Krayden Inc. All contracts constitute a complete and binding agreement governed by the terms and conditions of sale appearing herein and by the laws of the State of Colorado. Acceptance is at all times subject to availability for delivery of the goods covered by each order, and to Krayden Inc. Prices for said goods are in effect at the time of shipment, unless otherwise agreed upon in a separate agreement signed by buyer and Krayden Inc. prices on the face hereof are those in effect the date this acknowledgement was prepared.

2. END OF USE
   Determination of the suitability of the goods described on the face hereof for the use contemplated by buyer of buyer's customers for such goods is the sole responsibility of Buyer or Buyer's customers, whichever the case may be; Krayden Inc. shall have no responsibility in connection therewith. Buyer assumes all risk and liability for loss, damage or injury to property of Buyer of others, arising out of the use of possession of the goods furnished hereunder.

3. WARRANTY
   Krayden, Inc. warrants only that the goods supplied hereunder shall meet the description or specifications stated herein. Buyer's exclusive remedy and Krayden, Inc. sole liability hereunder shall be limited to refund of the purchase price of, or replacement of, all goods shown to be otherwise than as warranted and Krayden, Inc. shall in no case be liable otherwise for incidental or consequential damages. Provided, nothing contained therein shall limit the Buyer's right to recover consequential damages for injury to his person when the goods purchased are consumer goods. Said refund or replacement is conditional on Buyer giving Krayden Inc. notice within ninety (90) day period shall constitute a waiver by Buyer of all Claims hereunder with respect to said goods. If requested by Krayden Inc., Buyer shall promptly return to Krayden Inc. plant all unconsumed goods alleged by Buyer to be otherwise than as warranted and Krayden Inc. will pay freight thereon.

4. “THE ABOVE WARRANTY IS IN LIEU OF ALL OTHER WRITTEN OR UNWRITTEN EXPRESS OR IMPLIED WARRANTIES AND KRAYDEN INC HEREBY EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY AGAINST INFRINGEMENT, OF MERCHANTABILITY, OR FITNESS FOR PURPOSE OF THE GOODS SUPPLIED HEREUNDER ALL SAID GOODS BEING SUPPLIED BUYER AS IS.”

5. TITLE AND RISK OF LOSS
   Title and risks of loss or delay to all goods supplied hereunder shall pass to Buyer upon Krayden Inc. delivery thereof to carrier at shipping point.

6. QUOTATIONS
   Unless otherwise specified, quotations are for information only and are not intended as an offer and are subject to change without notice in all respects, including prices, delivery dates, terms, quantities, or specifications.

7. FREIGHT TERMS
   F.O.B. Origin, Freight Collect. For small package service (i.e. UPS, FedEx ground), shipments will be made F.O.B. origin, with freight prepaid and added to invoice. The most economical routing will be used at the discretion of Krayden Inc. Additional transportation costs incurred at Buyer's discretion or resulting from his request will be at Buyer's expense.

8. FAIR LABOR STANDARDS ACT
   Krayden Inc. hereby certifies that the goods supplied hereunder to Buyer were produced in compliance with the requirements of the Fair Labor Standards Act, as amended, and of regulations and orders of the United States Department of Labor issued there under.

9. PAYMENT TERMS
   Payment terms are net 30 from invoice date. There will be a 1 1/2 % late charge per month (18% APR) on past due balances. In the event suit is necessary to enforce collection, purchaser agrees to pay a reasonable attorney fee and any court costs incurred.

10. ENTIRE AGREEMENT
    The above terms and conditions represent the entire agreement between Krayden Inc. and Buyer with respect to the sale of goods supplied hereunder and said agreement cannot be modified except by a new written contract signed by both Krayden Inc. and Buyer covering the sale of said goods.