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TERMS AND CONDITIONS

 B&W Tek and its subsidiary provides the following Standard Terms and Conditions of Sale (“Terms and Conditions”), which apply to all quotations and sales made by B&W TEK.  All purchases of products (“Goods”) from B&W TEK by customer, owner, or its agent (“Purchaser”) are subject to these Terms and Conditions, and no provision printed or otherwise, contained in any order, acceptance, confirmation, or acknowledgement which is inconsistent with, different from, or in addition to these Terms and Conditions is accepted by B&W TEK unless specifically agreed to in writing by a duly authorized officer of B&W TEK.

 ORDERS.
 By submitting an order to B&W TEK or by using any Goods that were purchased from B&W TEK, Purchaser agrees to be subject to these Terms and Conditions of Sale in their entirety.  All orders must be bona fide commitments showing mutually agreed prices, quantities and shipping terms.  If an order is submitted to B&W TEK in response to a written and valid B&W Tek quotation, the order must contain the B&W Tek Quotation number.  No order or other commitment, whether or not submitted in response to a quotation by B&W Tek , shall be binding upon B&W Tek until such order or other commitment is accepted in writing by B&W Tek. Confirmation of Purchaser’s order by B&W Tek is subject to verification of Purchaser’s credit worthiness.

 PRICES AND QUOTATIONS.
 All quotations written or verbal are valid for 30 days from the date of quotation unless stated otherwise. Prices are based on requested specifications and quantities, and are subject to change if changes are made from the original request. Unless otherwise specifically stated, all prices are quoted in U.S. Dollars and are based on delivery of the Products FOB, B&W Tek’s primary business located in Newark, Delaware, U.S.A. Prices do not include applicable Federal, State or local excise, sales, use or other taxes. Special items will be individually priced per provided specifications. All quotations are valid for a period of thirty (30) days, unless otherwise specified in writing. All published prices may be subject to change by B&W Tek without notice. An extra 20% handling fee may be applied on each item for international orders.

 PURCHASE ORDERS AND PAYMENT METHODS.
 Purchase orders are accepted by mail, E-mail or fax. Verbal orders are generally not encouraged. Hard copies of the purchase orders are required. To minimize errors, B&W Tek quotation numbers must be referenced on the submitted PO(s). Complete information needs to be provided on the PO(s) including the item model number, item description, purchase order number, ship-to address, bill-to address and desired shipping method. The exact payment terms will be determined by B&W Tek upon approval of credit review on trade references provided by the purchasing party. Contact B&W Tek for further information should there be questions. Orders placed with MasterCard, VISA or American Express card may be accepted. Please provide the type of card, account number, name, and expiration date that appear on the card at the time of placing order with B&W Tek. For credit card purchases, An additional finance charge of 2% will be added to the invoice for credit card purchases. Orders may be shipped via UPS or Federal Express on a COD basis. Cash, money order or a bank or company check is required at the time of delivery if the COD is used. Prepayment by money order, wire transfer, bank check, company check or personal check may be accepted.

 PAYMENT TERMS.
 Payments will be made in accordance with the specified payment schedule, including the payment period, in the purchase order that was accepted by B&W Tek.  Unless otherwise specified in a purchase order that was accepted in writing by B&W Tek, all payments are due net thirty (30) days from the date of invoice. Purchaser’s failure to make payment when due will be a material breach of the order and these Terms and Conditions.  B&W Tek at its sole discretion, may charge the Purchasers for a late fee of 1.0% per month on the outstanding amount until the date of actual payment (12.68% compounded annually) or the maximum rate allowed by Federal or Delaware law, whichever is less, for each month, or part month, calculated from the date of invoice issued. In addition, B&W Tek, at its sole discretion and without incurring any liability, may suspend its performance until such time as the overdue payment is received or until written approval by B&W Tek of an alternative payment schedule has been issued.  In the event of such suspension of performance by B&W Tek, there will be an equitable adjustment made to the delivery schedule and order price reflecting the duration and cost resulting from such suspension.  Purchaser may only suspend the order upon written consent.  In the event of such Purchaser’s order suspension, the delivery time will be changed, taking into account the suspension, and Purchaser will promptly pay B&W Tek for all costs and related overhead costs resulting from such suspension.  B&W Tek will equitably re-price the Goods and services if the cumulative suspension exceeds ninety (90) days.  If in the judgment of B&W Tek, Purchaser’s financial position does not justify the terms of payment specified, B&W Tek may require full or partial payment prior to shipment of the Goods.  Purchaser agrees to furnish B&W Tek with the required credit information. Outstanding balances greater than 15 days past the payment due date may be submitted to a collection agency. All incurred costs resulting from the overdue payment will be the sole responsibility of the purchasing party.

 DELIVERY AND SHIPPING.
 Rush orders placed by phone (for items in stock at the time of order) will be shipped within the agreed number of working days. Most standard B&W Tek products have a typical delivery time of 4 weeks. The delivery times may vary for standard or special items which will be established at the time of the quote. Unless otherwise agreed in writing by the parties, pricing and shipping terms shall be Ex-works B&W Tek plant in Newark, DE. If the Purchaser has not issued inspection or shipping instructions by the time the Goods are ready for shipment, B&W Tek may select any reasonable method of shipment, without liability by reason of its selection.  Shipments made on Purchaser’s behalf shall be insured at Purchaser’s expense. Tracking numbers will be provided upon request.  If B&W Tek is required to arrange for shipment of the Goods or any parts thereof, Purchaser shall reimburse B&W Tek for all freight, insurance and other shipping related costs and Purchaser will pay B&W Tek a handling fee for each such shipment.  Shipment of Goods held by reason of Purchaser’s request or inability to receive Goods will be at the risk and expense of Purchaser.  Claims for shortages in shipment shall be deemed waived unless made in writing within seven (7) days from the date of receipt of the Goods.

 TAXES.
 Federal, state, or local indirect taxes, including but not limited to sales and/or use taxes, VAT taxes, GST taxes, transfer taxes or any similar tax are not included in the prices set forth herein. In the absence of proper evidence of exemptions supplied to B&W Tek, Purchaser will reimburse B&W Tek for all taxes, excises, duties, imposts or other charges which B&W TEK may be required to pay any government (national, state or local) upon, or measured by the production of any phase or part of the production, storage, sale, transportation, delivery and/or use of the Goods.

 RETURNS AND CANCELLATION FEES.
 Returns for reasons other than quality issues may be subject to restocking charges from 25% of the total order amount up to an amount determined by B&W Tek. A Return Material Authorization number (RMA) is required for any goods that are to be returned to B&W Tek. Original purchase order number, date of shipment and serial number must be provided before the RMA can be issued. All items returned to B&W Tek should be shipped in the original packaging materials and the assigned RMA number(s) clearly marked on the package. The restocking fee will be determined after the return items are inspected at B&W Tek. No product(s) will be accepted for restocking after 45 days. A cost estimate will be provided by B&W Tek for out of warranty items. Custom designed items and products damaged by the Purchaser may not be returned. Should it become necessary to cancel or modify orders prior to shipment, a restocking fee of 15 to 50% of the total order amount will be charged by B&W Tek for returns to stock. Custom designed products damaged by the Purchaser may not be returned. Custom designed items and products are those that are not B&W Tek’s standard products.

 INSPECTION AND ACCEPTANCE OF PRODUCTS.
 Within thirty (30) days of delivery of products, Purchaser may return to B&W Tek, any damaged or defective products. Purchaser shall return the damaged or defective product in its original packaging material, and shall include with the returned products, the B&W Tek assigned RMA number, the original purchase order number, the approximate date on which the Products were delivered to the Purchaser and any other information, including part numbers, as B&W Tek may reasonably require. B&W Tek shall provide an inspection report to the Purchaser within ten (10) working days after the receipt of the return products at B&W Tek. Returned products will be repaired or replaced typically within thirty (30) working days for standard items and at its own cost should B&W Tek determine that the defective products are its sole responsibility. Normal warranty terms will apply after 30 days of receipt of product by the Purchaser. The returned products will be repaired, replaced or credited, at B&W Tek’s option, in a timely fashion.

 INTERNATIONAL PURCHASERS.
 Payment needs to be made in United States dollars to be drawn from a United States Bank. Certain items may be subject to export control and require a validated export license.

 WARRANTY TERMS AND CONDITIONS
 LIMITED WARRANTY; DISCLAIMER OF WARRANTIES.
 Goods sold hereunder shall be free from material defects in workmanship or materials and conform in all material respects to specifications, which are available upon request, or Purchaser’s supplied and accepted specifications, for the following Warranty Periods: One (1) year from the original date of shipment for end user products; six (6) months for OEM modules; ninety (90) days for components.  All warranty claims must be submitted in writing to B&W TEK within the applicable warranty period and all non-conforming Goods must be returned to B&W Tek, at purchaser’s cost and expense, before B&W TEK replaces the same or refunds the purchase price to the Purchaser as set forth below.  No Goods shall be returned without obtaining a Return Material Authorization (RMA) number first which must be clearly marked on the outside of the shipping container. The warranty for products repaired after the expiration date of the new products warranty, as stated above, is limited to the repaired portion and is valid for ninety (90) days from the date of reshipment.

 Liability for breach of warranty shall be limited to, in B&W Tek's  sole discretion, (i) repairing or replacing Goods that are determined do not conform to the foregoing warranty, or (ii) refunding the sales price received by B&W Tek in respect of the non-conforming Goods.  This remedy shall be the Purchaser's sole and exclusive remedy for any defect or nonconformity in the Goods. This warranty extends only to the immediate purchaser from B&W Tek and does not extend, expressly or impliedly, to any other party. In no event shall B&W Tek incur any obligation to repair or replace Goods which are determined by B&W Tek, at its sole discretion, to be defective due to (i) installation, maintenance, operation, modification, alteration, accident, neglect or use in any way other than in strict compliance with B&W Tek published specifications for the Goods, (ii) the failure to maintain appropriate environmental conditions, as communicated by Seller, (iii) as the result of the use of unauthorized parts or repairs, or unauthorized modifications (iv) any repair work on the product that is performed by the Purchaser or any third party on behalf of the Purchaser (other than B&W Tek), or (v) modification or alteration of the Goods such that B&W Tek  is unable to verify the defect with its standard test equipment.

 EXCEPT FOR THE EXPRESS LIMITED WARRANTY STATED HEREIN, THE GOODS ARE SUPPLIED ON AN "AS IS" BASIS AND PURCHASER'S USE OF THE GOODS IS AT PURCHASER'S RISK. B&W Tek DOES NOT MAKE AND HEREBY DISCLAIMS ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES WITH RESPECT TO THE GOODS, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE AND ANY WARRANTIES OF NONINFRINGEMENT AND TITLE.

 Special contracts for nonstandard products may have modified warranty terms and, in such case, the terms as stated in the individual contract must be agreed and signed by the duly authorized officer of B&W Tek and will supersede the standard terms. B&W Tek will make final determination as to the cause or existence of defect and, at its option repair or replace the products, which prove to be defective during the warranty period. Products replaced under warranty will be warranted only for the balance of the warranty period of the original supplied equipment. This warranty extends only to the original purchaser of the equipment from B&W Tek. The purchaser must notify B&W Tek within 10 days of first detecting the defect and promptly return the defective product upon receipt of RMA number(s) before expiration of the warranty period. The Purchaser will prepay shipping and insurance for products returned to B&W Tek. B&W Tek will pay for shipping products to the purchaser that were repaired or replaced under warranty terms. The Purchaser will be invoiced for shipping costs on products shipped to the purchaser that were repaired or replaced out of warranty terms. The warranty set out in above paragraph is an exclusive warranty made by B&W Tek and is in lieu of all other warranties (except for specific product performance warranties), whether written, oral, or implied, including any warranty of merchantability or fitness for a particular purpose, and shall be Purchaser’s sole remedy and B&W Tek’s sole liability on contract or warranty of otherwise for the Products. This warranty shall not be modified or amended without the written agreement of an officer at B&W Tek.

 IN NO EVENT SHALL B&W TEK BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE FAILURE TO PERFORM UNDER THIS AGREEMENT OR THE FURNISHING, PERFORMANCE OR USE OF ANY GOODS OR SERVICES SOLD PURSUANT HERETO, WHETHER DUE TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR OTHERWISE.

 THIRD PARTY WARRANTY POLICY.
 The terms of the warranty policy of 3rd party parts and accessories, which B&W Tek, Inc. sometimes use with their products/systems, will be carried by the Original Manufacturer not B&W Tek, Inc. If there is any warranty/repair issue with a 3rd party part or accessory you will need to contact the manufacturer of said part. B&W Tek, Inc. will transfer all necessary 3rd party warranty information with the third party parts to the Purchaser at time of deliver of B&W Tek, Inc. products. B&W Tek, Inc. offers no additional warranty on 3rd party parts and accessories. Some Examples of 3rd Party Parts & Accessories: Computers, Software, USB Flash Drives.

 WARRANTY RETURN PROCEDURE.
 Review terms of purchase and date of shipment to determine validity of warranty claim. Warranty claim should only be made for products within terms of warranty policy. To request an RMA (Return material authorization) number, Purchasers are encouraged to use our website: http://bwtek.com/rma.htm. Numbers may also be requested VIA E-mail at Info@bwtek.com. Be prepared to furnish all of the following: Product Model number and serial number; Date of shipment/purchase; Brief description of the problems encountered; Name of contact person and phone number(s) at your organization for further communication. Obtain B&W TEK’s instructions for transportation and packaging and ship the product (freight and insurance prepaid) with the proper documentation containing the RMA number and the information specified above. B&W TEK will advise the purchaser of its determination of warranty at the earliest possible time. Providing complete information as requested will expedite the procedure.

 GENERAL; INTELLECTUAL PROPERTY.
 When furnished, designed, developed and/or manufactured by B&W Tek, all tools and/or dies, together with incidental fixtures and materials necessary for the manufacture of Goods ordered, shall remain the property of B&W Tek.  All tools, dies, fixtures and/or materials will be maintained for one (1) year after shipment.  Unless otherwise agreed to in writing by B&W Tek, B&W Tek shall own all right, title and interest in and to the patent, design and other intellectual property rights in and to all products sold to Purchaser hereunder and nothing contained herein shall give Purchaser any right to utilize any such intellectual property in any manner whatsoever except in connection with Purchaser’s use of the applicable product in accordance with the documentation for the same provided by B&W Tek.  Goods are sold to accepted manufacturing variations or tolerances, except when otherwise agreed to by both parties.  Except for Goods that are manufactured to specifications provided by Purchaser, B&W Tek represents and warrants that Purchaser’s use of the products sold by B&W Tek hereunder in accordance with B&W Tek specifications and documentation for the same will not infringe upon any United States patent. B&W Tek  will defend, indemnify and hold Purchaser harmless of, from and against any and all claims and expenses, including court costs and attorney fees, arising out of B&W Tek  breach of this section; provided that B&W Tek will have no obligation to indemnify Purchaser for any claims arising out of (i) Purchaser’s use of the products in combination with any process or other products, or (ii) any drawings or specifications provided by Purchaser in connection with the products.  If Purchaser provides specifications or drawings for the product to B&W Tek, Purchaser represents and warrants to B&W Tek that B&W Tek use of the same in the manufacture of the products for Purchaser will not infringe upon the patent, design, trade secret or other intellectual property rights of any person or entity, and Purchaser agrees to defend, indemnify and hold B&W Tek harmless of, from and against any and all claims and expenses, including court costs and attorney fees, arising out of Purchaser’s breach or alleged breach of this section.

 SOFTWARE:
 B& W Tek. shall at all times have and retain title and full ownership of all software, firmware programming routines, and documentation thereof supplied for use with the Goods, and of all copies thereof made by Purchaser (collectively “Software”).  B&W Tek grants Purchaser a non-exclusive and non-transferable license to use the Software solely for use with the Goods. Purchaser shall take all reasonable steps to protect B&W Tek's  proprietary interest in the Software and shall not transfer or otherwise provide the software to any third party.

 TITLE AND RISK OF LOSS OR DAMAGE.
 Risk of loss and/or damage will pass to the Purchaser upon shipment of the Goods. Title to the Goods shall pass to Purchase upon full payment for the Goods.

 GOVERNMENT LAWS AND REGULATIONS
 U.S. EXPORT AND RE-EXPORT CONTROL REGULATIONS.
 Purchaser warrants that it shall not sell or otherwise transfer any products, or any technology contained in the products, to, or for the use of, any ultimate purchaser with which B&W Tek could not do business under the laws or regulations of the United States, including, without limitation, the regulations of the U.S. Departments of Commerce, Energy, State and Treasury. Purchaser shall also comply with all other laws and regulations of the United States relating to the sale or transfer of the Products or any technology contained in the products, including, without limitation, the laser safety guidelines defined by the Center for Devices and Radiological Health. Purchaser warrants that it will not sell, divert, transfer or disclose Products or any technology contained in the products to a country or countries embargoed by the United States or any prohibited entities unless authorized by the United States Government, and Purchaser acknowledges that willful violation of such regulations shall be considered just cause for the immediate and unqualified cancellation of this Terms & Conditions by B&W Tek without any liability of B&W Tek. Purchaser shall promptly provide B&W Tek with any information that may come to Purchaser’s attention concerning violations of such regulations by Purchaser’s customers.

 FDA/CDRH COMPLIANCE.
 B&W Tek’s end-user laser products are in compliance with the CDRH 21 CFR 1040. However, these products are not medical devices and not intended for medical applications. B&W Tek’s OEM laser modules and devices (clearly identified with the letters “OEM” in the product model number) are not in compliance with CDRH 21 CFR 1040. Those OEM devices are designed and engineered for easy integration into a system or to be converted into a final product by the purchasers. The purchasers are responsible for complying with related FDA/CDRH requirements and other related laws and regulations in term of their uses, applications, and introduction into commerce.

 SAFETY WARNINGS.
 The laser products described in this catalog emit visible or invisible radiation power. They are safe to operate only when the users follow all safety measures:
  1. Post warnings in the area where the laser’s beam passes to alert those present.
  2. Keep all unauthorized personnel out of the area where the laser is operated.
  3. Whenever the laser is running and the beam is not in use, it is a good practice to mechanically block the radiation path.
  4. Never look directly into the laser beam path or scattered laser light from any reflective surfaces,
  5. Never look directly into the laser source.
  6. Maintain experimental setup at lower level to prevent inadvertent beam-eye contact.
  7. As a precaution against accidental exposures to the laser beam or its reflection, operators should wear laser safety glasses with sufficient attenuation at the laser emission wavelength.
For further information regarding laser safety issues, contact the following organizations:
Center for Device and Radiological Health Office of compliance
 2098 Gaither Rd.
 Rockville, MD 20850
 Tel: 301 594-4654
Fax: 301 594-4672
 		Laser Institute of America
 12424 Research Parkway, Suite 125
 Orlando, FL 32826
 Tel: 407 380 1553
Fax: 407 380 5588
LIMITATION OF LIABILITY.  IN NO EVENT SHALL B&W Tek BE LIABLE TO PURCHASER FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT, COSTS OF DELAY, ANY FAILURE OF DELIVERY, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION, COST OF REMOVAL AND REINSTALLATION OF GOODS, LOSS OF GOODWILL, INTERRUPTION OF BUSINESS, LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE OR OTHER ECONOMIC LOSS, WHETHER OR NOT PURCHASER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES AND WHETHER SUCH DAMAGES ARE ALLEGED AS A RESULT OF TORTIOUS CONDUCT, BREACH OF CONTRACT OR OTHERWISE. B&W Tek's TOTAL LIABILITY FOR EACH DEFECTIVE PRODUCT, INCLUDING WITHOUT LIMITATION INTELLECTUAL PROPERTY INDEMNIFICATION, SHALL NOT EXCEED THE PRICE OF SUCH PRODUCT.

 FORCE MAJEURE.
 No liability shall result from delay in performance or non-performance (except with respect to payment by Purchaser) to the extent that it results from any cause (including without limitation, weather, fire, strike or other labor difficulty; breakdown, shortage of or inability to obtain materials, equipment or transportation; act, order, regulation or request of governmental body or court; or other force majeure beyond the reasonable control of the party affected or obligated hereunder.  If B&W Tek's  supply of Goods is limited by any such cause, B&W Tek shall have the right to prorate B&W Tek available supply over B&W Tek own manufacturing requirements and B&W Tek commitments to its customers as B&W Tek considers fair.

 IN WITNESS WHEREOF, the undersigned in acknowledgement of acceptance the above terms and conditions.