TERMS AND CONDITIONS

TERMS AND CONDITIONS

General terms and condition related to sales and delivery of Mach4Food.

1. ACCEPTANCE.
The acceptance of buyer’s order is subject to all terms and condition set forth herein, all of which are accepted by buyer, supersede buyer’s order form and acknowledgement if any, and constitute the entire between buyer and Mach4Food the herein document shall become a contract either when at Mach4Food option, (a) Buyer shall have placed an order with Mach4Food and/or given to Mach4Food specification of assortments, delivery dates, shipping instructions, or instructions to bill and hold as to all or any parts of the goods herein described, or (b) when Buyer has received delivery of the whole or any part of such goods, or (c) when Buyer has otherwise assented to the terms and conditions hereof either in writing, orally, or by conduct. No communication, prior to subsequent hereto, shall act to modify, amend, or
reject any term or condition stated herein unless expressly agreed to in writing by a duly
authorized officer of Mach4Food.

2. ALTERATION OF TERMS.
Changes in the terms and conditions herein shall not be binding on Mach4Food unless made in writing and executed by a duly authorized officer of Mach4Food

3. PAYMENT.
Payment is due from Buyer on the following terms: before shipment,
unless otherwise agreed to in writing, by both parties. All payments not made by the due
date shall bear interest at a rate of one and one half (1 1/2) percent per month on the
unpaid balance. Further, the Buyer shall reimburse and indemnify Mach4Food for any costs of collection incurred in collecting any past due sums, including court fees, out-of-pocket
expenses, and reasonable attorneys’ fees.

4. SHIPMENT AND RISK OF LOSS.
Buyer shall accept the goods EX WORKS. Mach4Food’s
facility, unless otherwise agreed to in writing, by both parties. Method
and route of shipment are at Mach4Food’s discretion unless Buyer supplies explicit instructions otherwise. All expenses and risk of loss for any damages incurred in the transportation of goods, including but not limited to any risk, of loss of loading or unloading, shall be born solely by Buyer, unless otherwise specified in writing by a duly authorized officer of Mach4Food. All Claims for loss, damage, or delay against the carrier must be made by Buyer.
Buyer shall accept partial delivery of any order, and, any defect therein or failure to
make any subsequent partial delivery shall be severable, and shall not constitute a
breach of the entire agreement.

5. DELAYS AND DAMAGES.
Mach4Food shall endeavour as far as practicable to make
deliveries in accordance with this agreement, but if for any cause Mach4Food shall fail to make
such deliveries, or shall fail to make them within the time stated herein, or shall cancel
any order. Mach4Food shall not be liable for any loss or damage resulting from any such
failure or delay in delivery, or from any such cancellation, or for loss of use, or for any loss of profits.

6. INSPECTION.
Buyer agrees to inspect all goods upon delivery and must reject
any non-conforming goods pursuant to the terms and conditions set forth in Section
Seven (7) herein. Buyer waives his rights under Section Seven (7) herein if he elects
not to make such inspection.

7. REJECTION OF NON-CONFORMING GOODS.
Any rejection of goods for being non-confirming must be made immediately after delivery at the place of destination by
Buyer notifying Mach4Food and confirming the rejection in writing within ten (10) days after
delivery at the place of destination. Such notification shall identify each and every
alleged non-conformity of the goods and describe that portion of the shipment being
rejected. Mach4Food shall then respond with instructions as to the disposition of the goods. If Buyer fails to give such notice, or if Buyer uses the goods in any manner inconsistent
with the rights of Mach4Food, the goods shall be deemed to conform with the terms of the
agreement in all respects and Buyer shall be bound to accept and pay for the goods in
accordance with the terms hereof. All merchandise returned from buyer to Mach4Food must be in the original Mach4Food or manufacturer container as shipped to buyer. Returned merchandise in any container other than originally shipped to buyer, will not be accepted by Mach4Food.

8. CANCELLATION OR OBSOLESCENCE.
Any order accepted by Mach4Food may be
cancelled by Buyer only upon written approval of Mach4Food by a duly authorized
representative of Mach4Food. Buyer shall reimburse Mach4Food for any and all expenses incurred by Mach4Food in connection with such order, including inventory on hand or on order and finishing completed or in process tooling and engineering.