GENERAL TERMS AND CONDITIONS OF SALE

WARRANTY	All boltex, inc. products are warranted to be free from manufacturing defects for a period of one (1) year from date of shipment, and any found to be defective within that period will be replaced without charge provided (1) that the product was used as recommended and in accordance with approved installation and operating practices. (2) that its failure resulted from a manufacturing defect and not from damage due to corrosive, abrasive, or other wear normally to be expected in the services involved: and (3) that written notice of such defect is delivered to boltex, inc. during such one (1) year period. No labor cost or other expense or liability will be assumed. The Uniform Commercial Code shall not apply to this sale, nor the Texas statutes adopting the Uniform Commercial Code. This express warranty is in lieu of and excludes all other warranties, guarantees, or representations, express or implied. There are no implied warranties of merchantability or of fitness for a particular purpose.
PURCHASER'S REMEDIES	The Purchaser's remedies with respect to any product furnished by boltex, inc. hereunder that is found not to be in conformity with the terms and conditions of the contract because of breach of contract, breach of express or implied warranty, or negligence shall be limited exclusively to the right of replacement of such defective product or, at our option, repayment of our sale price of the product. In no event shall boltex, inc. be liable for claims (based upon breach of contract, breach of express or implied warranty, or negligence) for any other damages, whether direct, immediate, foreseeable, consequential, or special or for any expenses incurred by reason of the use or misuse, sale or fabrication of products which do or do not conform to the terms and conditions of the contract.
PRICES	Prices, and other terms of sale and payment, are subject to change without notice. Unless a contrary provision appears in this price schedule, quotation or order acknowledgement, prices may be withdrawn without notice at any time. Stenographic or clerical errors are subject to correction.
ACCEPTANCE OR ORDERS	All orders are subject to boltex, inc. credit department approval prior to acceptance by boltex, inc. No assignment of the Purchaser’s rights may be made without the written consent of boltex, inc.
REMITTANCES	All accounts are payable in United States funds, free of exchange, collection, or any other charges. If, in the sole discretion of boltex, inc., the financial condition of the Purchaser at any time so requires, boltex, inc. retains the right to require full or partial payment in advance.
PARTIAL SHIPMENTS AND PAYMENTS	boltex, inc. reserves the right to make partial shipments from time to time, and to render invoices therefor which shall be due and payable as provided in said invoices and the paragraph entitled "Remittances." If the Purchaser becomes overdue in any such partial payment, boltex, inc. shall be entitled to suspend work and or avail itself of other legal remedies.
TAXES	Unless otherwise specifically noted, the amount of any sales, use, occupancy, excise tax, or other tax, of any nature, federal, state, or local, for which boltex, inc. is legally liable, either initially or through failure of payment by Purchaser, shall be added or ice in addition to the price quoted and Purchaser agrees to pay the same to boltex, inc.
SHORTAGES AND DAMAGES IN TRANSIT	Claims for shortages must be made in writing within ten days after receipt of shipment, but loss of or damage to materials in transit is the responsibility of the carrier.
DELAYS	All promises of shipment are estimated as closely as possible, and we will use our best efforts to ship within the time promised but do not guarantee to do so, and assume no liability for not doing so. Materials stated to be in stock are subject to prior sale.
CANCELLATION AND SUSPENSION	The order or contract is subject to cancellation or instructions to suspend or delay work or delivery only upon receipt of written notification and with our consent, and upon agreement to pay boltex, inc.'s adjustment charge. Orders for special products (usually "price application" items) may be changed and or cancelled only upon receipt of written instructions with a tacit understanding and agreement to make payment for material used and work already performed.
RETURN OF MATERIAL	No product of our manufacture may be returned without our written consent. All goods returned are subject to a handling charge plus freight in both directions and charges for any required reconditioning, unless otherwise specified in writing by boltex, inc.
PATENTS	The Purchaser will indemnify and hold harmless boltex, inc. against and from judgement for damages and costs which may be rendered against boltex, inc. in any suit alleging infringement of any United States patent by any product supplied by boltex, inc. under the contract made in accordance with the design and or specification furnished by the Purchaser to boltex, inc.
GOVERNING LAW	The contract shall be governed by, construed, and enforced in accordance with the laws of the State of Texas.
NO WAIVER	The failure of boltex, inc. to insist, in any one or more instances, upon the performance of any of the terms, covenants, or conditions of the contract or to exercise any right thereunder shall not be construed as a waiver or relinquishment of the future performance of any such term, covenant or condition or the future exercise of such rights, nor shall it be deemed to be a waiver or relinquishment of any other term, covenant, or condition, or the exercise of any other rights under the contract.
FORCE MAJEURE	Any delays in or failure of performance of boltex, inc. shall not constitute default or give rise to any claims for damage of and to the extent that such a delay or failure is caused by occurrences beyond the control of boltex, inc., including, but not limited to acts of God or the public enemy: expropriation or confiscation of facilities, compliance with any order or request of any governmental authority; acts of war, rebellion or sabotage or damage resulting therefrom embargoes or other export restrictions, fires, floods, explosions, accidents, breakdowns, riots or strikes or other concerted acts of workmen, whether direct or indirect; or any other causes whether or not of the same class or kind as those specifically above named which are not within the control of boltex, inc. and which, by the exercise of reasonable diligence, boltex, inc. is unable to prevent or provide against.
PURCHASER'S ACCEPTANCE OF ABOVE CONDITIONS	The contract shall be subject to the terms and conditions contained or referred to in boltex, Inc.’s price schedule, quotation or order acknowledgment, and to no others whatsoever. No waiver, alteration or modification of the terms and conditions in this price schedule, quotation or order acknowledgment shall be binding unless in writing and signed by an authorized representative of boltex, inc.