Terms of Sale

Column A

1. General

Orders are accepted by Seller subject to the terms and conditions set forth. In case of a conflict, inconsistency or addition not expressly accepted in writing by Seller, the terms and conditions of sale provided herein shall be considered as superseding the conflicting, inconsistent or additional terms stated in Buyer’s purchase order, order form, contract or document. The acceptance of an order will supersede all prior communications and constitute a complete and binding contract between Buyer and Seller, which cannot be modified or canceled without the written agreement of both parties.

2. Warranty

Defective products which are under manufacturer’s warranty will be replaced, repaired, corrected or credit allowed, but no allowance will be made for any damages or expenses incurred beyond the actual invoice value of goods shipped and billed by us. For repairs performed at Seller’s facility, Buyer must contact Seller in advance for authorization to return equipment and must follow Seller’s shipping instructions. The forgoing expressed warranties are in lieu of all others warranties, merchantability and warranty of fitness for a particular purpose.

3. Claims and Returns

Claims of any nature must be made within 10 days of shipment. Returns are accepted only upon DXL Enterprises written authorization accompanied by a “Return Material Authorization (RMA#)” number. Freight charges and shipments to DXL Enterprises are Buyer’s responsibility. No claim will be allowed for any defect unless Seller shall have received notice of the defect within 10 days after receiving. Freight back to Buyer will be paid by DXL Enterprises for products shipped under warranty. Alteration to or modification of our invoices are made solely by DXL Enterprises upon notification by the costumer of any discrepancy relating to price, quantity, part number or shipping charges. Correction is made by DXL Enterprises by issuance of an appropriate credit, debit or revised invoice.

4. Insurance

In case the customer does not provide the insurance, DXL Enterprises will prepaid adequate insurance and will charge the customer.

5. Taxes

Customer agrees to pay or reimburse us for any sales, excise or other tax levied by any government agency, federal, state or local, which we may be required to collect or pay upon the sale of the items quoted and any tax upon us, measured in whole or in part by the amount of such sale.

6. Changes and Cancellations

Orders are not subject to changes or cancellation except on such terms as to protect us against loss and expressly agreed to by us in writing.

7. Delays

We are not responsible for delays in making delivery or any failure to make delivery due to causes beyond our control including, but not limited to, acts of regulations of any governmental authority, fire, work stoppages of slow downs, accident, flood, war, national emergency, acts of God, public disorder, transportation shortages and delays and shortages of fuel or materials.

8. Title

The transfer of title or ownership of purchased products occurs when DXL Enterprises delivers said products to a freight carrier of the customers or DXL Enterprises choosing and, thereafter , the products and costs thereof are the responsibilities of the customer.

9. Routing

In the absence of specific routing instruction by customer, we will exercise our best judgment to rout shipments most advantageously. We assume no responsibility for changes by carriers.

Column B

1. Prices

All orders are accepted for delivery at prices in effect at time of shipment. All prices are subject to change without notice.

2. Shipments

We reserve the right to ship 10% over or under the amount originally specified on items manufactured on special order.

Column C

1. Prices

All orders are accepted for delivery at prices in effect at time of shipment. Prices are subject to change without notice at any time before or after acceptance of your order to reflect changes in our labor and/ or material cost.

2. Productions and Shipments

Productions and shipments against orders will be continued until completed unless otherwise specified by you and agreed to by us. We reserve the right to ship 10% over or under the amount originally specified on items manufactured on special order.

3. Patents

The customer expressly agrees to protect and indemnify us against claims or suits for patent infringement resulting from the manufacture of a part of product according to customer’s specifications.