ELECTRONIC COMMERCE

By submitting website online orders, The Nolan Company (Nolan) and the Purchaser (Purchaser) agree to be bound by transactions performed through Nolan's e-commerce website via the issuance of purchase orders by electronic data interchange (EDI), facsimile, and e-mail and such transactions will be subject to the terms and conditions of sale specified below. The parties acknowledge that no writing shall be required to make their electronic transactions legally binding, notwithstanding any contrary requirement in the law. As necessary, the parties will adopt as its signature an electronic identification to be affixed to or contained in each document transmitted by the party ("Signed Documents"). The parties will implement reasonable security procedures to ensure authorized transmissions and to protect business records and data from improper access. By performing such transactions in the foregoing manner, the parties, agree that no signature will be required to have a legally enforceable electronic commerce transaction, which will be honored to the fullest extent under law. The parties agree not to contest the validity or enforceability of Signed Documents under the provisions of any applicable laws, including any statute of frauds statutes, relating to whether certain agreements be in writing and signed by a party to be bound. Any such Signed Documents, if introduced as evidence in any legal or administrative proceeding, will be admissible as evidence to the same extent as business records, which originate and are maintained in documentary form. The provision under this Electronic Commerce paragraph will be in addition to any other agreements entered into between Nolan and Purchaser concerning electronic data interchange.

TERMS ACCEPTANCE

Unless otherwise specifically agreed in writing by an authorized officer of The Nolan Company (“Nolan”), the “Buyer” hereby agrees to comply with the following terms and conditions of sale (“Terms”) in connection with an order for any of the goods, materials, supplies, components, drawings, data or other property described herein (“Products”). Shipment of Products by Nolan against a purchase order will not constitute acceptance of any terms or conditions set forth in such purchase order. Any additional terms and conditions proposed by Buyer in its purchase order or otherwise are hereby rejected by Nolan and shall not be incorporated into these Terms. Buyer’s assent to these Terms shall be conclusively presumed from Buyer’s failure to object thereto in writing as well as from Buyer’s acceptance of all or part of the Products ordered. Proposals to supply Products are valid for 30 days unless amended by Nolan and Buyer in writing. These Terms represent the entire agreement of the parties and proposals, negotiations, representations or agreements made or entered into prior to or contemporaneously with these Terms, whether verbal or written, are excluded. If these Terms are found to be an acknowledgment and if such acknowledgment constitutes an acceptance of an offer, such acceptance is expressly conditional upon Buyer’s consent to these Terms. These Terms are effective regardless of the format in which a purchase order is received ― including purchase orders received electronically (e.g., e-mail).

PAYMENT TERMS

Net 30 Days (on approved credit). Minimum initial order is $250.00, minimum order is $75.00. Freight is FOB factory -- freight is not included in prices. Visa/Mastercard accepted.

RETURNED GOODS POLICY

Nolan products may be returned for credit or exchange provided the request is made within six months of purchase. No product is to be returned without our prior authorization and a Returned Materials Authorization (RMA) number issued by The Nolan Company. If a product's return is authorized, the product must be returned to our plant, and freight charges must be prepaid. Returned products must be new and unused. Replacement or credit is subject to our evaluation of the returned product's condition. Products returned as defective can only be replaced or credited after the nature of the defect is determined. Once this happens, and replacement/credit is approved, replacement/credit will be issued. Credit is subject to a 15 percent restocking charge.

WARRANTY

Any modifications, alterations or repairs to this equipment performed by others shall cause this Warranty to become null and void. Component parts not manufactured by us shall be warranted consistent with the express warranty policy of the manufacturer of such parts. Our entire liability under this Warranty shall be limited to the prompt repair, at our option, of any defective product, FOB Job Site. The Nolan Company is not liable for any consequential damages.

This express Warranty is in lieu of and excludes any and all other warranties, both expressed and implied, including merchantability or fitness for a particular purpose. No one is authorized to make any warranty or representation other than as set forth in the Standard Warranty, and the customer may not rely on any other of the design, development, supply, production and performance information for products for which orders are solicited hereunder.

ALL TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE.