Common use of PRODUCTS PROVIDED AND PRICE Clause in Contracts

PRODUCTS PROVIDED AND PRICE. a. The price of all Products unless otherwise specifically stated on the sales order, quote, or invoice hereof is F.O.B. carrier, at the place of manufacture, or warehouse location, at the PERIGEE Medical address in California, exclusive of insurance cost. The cost of packaging for normal domestic shipment is included in the invoiced price. Where special domestic or export packaging is specified, involving greater expense, a charge will be made to cover such extra expense. b. Prices and orders do not include Federal, State or local excise, sales, use or other taxes now or hereinafter enacted, which are applicable to the Products sold hereunder or this transaction (excluding only taxes based on Seller’s income), which tax or taxes will be added by Seller to and paid by Buyer when Seller has the legal obligation to collect the same and will be invoiced to and paid by Buyer, unless Buyer provides Seller with a proper tax exemption certificate. In the event Seller is required to pay any such tax, fee or charge at the time of sale or thereafter, the Buyer shall reimburse Seller therefore. Estimated sales tax may be included on the invoice to be corrected before payoff. c. Prices quoted are for the Products and services described on the face hereof only and do not include technical data, proprietary rights of any kind, patent rights, qualification, environmental or other than Seller’s standard tests. d. Unless otherwise stated by /seller in writing, all quotations are firm for, and expire, ten (10) days after date thereof and constitute offers.

PRODUCTS PROVIDED AND PRICE. a. The price of all Products unless otherwise specifically stated on the sales order, quote, or invoice hereof is F.O.B. carrier, at the place of manufacture, or warehouse location, at the PERIGEE Medical address in California, exclusive of insurance cost. The cost of packaging for normal domestic shipment is included in the invoiced price. Where special domestic or export packaging is specified, involving greater expense, a charge will be made to cover such extra expense. b. Prices and orders do not include Federal, State or local excise, sales, use or other taxes now or hereinafter enacted, which are applicable to the Products sold hereunder or this transaction (excluding only taxes based on Seller’s income), which tax or taxes will be added by Seller to and paid by Buyer when Seller has the legal obligation to collect the same and will be invoiced to and paid by Buyer, unless Buyer provides Seller with a proper tax exemption certificate. In the event Seller is required to pay any such tax, fee or charge at the time of sale or thereafter, the Buyer shall reimburse Seller therefore. Estimated sales tax may be included on the invoice to be corrected before payoff. c. Prices quoted are for the Products and services described on the face hereof only and do not include technical data, proprietary rights of any kind, patent rights, qualification, environmental or other than Seller’s standard tests. d. Unless otherwise stated by /seller in writing, all quotations are firm for, and expire, ten (10) days after date thereof and constitute offers e. Unless otherwise provided on the front of this form, products furnished hereunder shall be newly manufactured products but may contain components that have been previously used in other product units. Such previously used components have been disassembled, reprocessed and reassembled, as appropriate, and meet or exceed the Seller’s specifications for newly manufactured components. Newly manufactured products may have been tested or demonstrated to establish satisfactory performance.