2.4 Product Specifications “Product Specifications” means all descriptions, documents, images, drawings, manuals, instructions, and warnings that in any way describe or specify the design, function, appearance, materials, use, operation, maintenance, disposal, disassembly, or demolition of any Product supplied by Bailey. 3 No Variation of the Terms The Product supply arrangement between Hydrolico and the Customer is subject to and governed by these Terms. Any variation of these and any additional or different terms or conditions on any document submitted by the Customer are hereby expressly rejected. All orders are subject to acceptance by Hydrolico and all accepted orders are governed by these Terms. Any representation, current transaction, or promise or condition or commercial use not incorporated herein is not binding on Hydrolico. In the event of a conflict between the Terms and any Purchase Order, these Terms will prevail. 4 Ordering Procedures The Customer places orders with Hydrolico using a Purchase Order. The Purchase Order must include the order number, the products to be supplied, the prices, the quantities, the required date, the place of delivery and the Customer's contact information. By placing an order for Products with Hydrolico, the Customer states and warrants that he has the authority to enter into a legally binding agreement on behalf of any entity or other person that he represents. Upon receipt of the Purchase Order, Hydrolico will confirm in writing its acceptance or refusal of the Purchase Order. The Purchase Order will include the terms and conditions set out in these Terms without the need to expressly refer to them. Within five (5) business days of its acceptance, Hydrolico may refuse a Purchase Order if additional information is required or if Hydrolico is unable to provide the products ordered within the timeframe set out in the Purchase Order. If applicable, Hydrolico will notify the Customer in writing of its refusal of the Purchase Order. 5 Product pricing All Products will be invoiced in accordance with Hydrolico's price schedule in effect at the time of the order. The prices indicated in the price schedule do not include taxes. All sales, use, excise, property, business and other applicable taxes are the responsibility of the Customer and payable by the Customer to Hydrolico. If the Customer requests an exemption from any taxes, the Customer must provide written proof of the exemption and indemnify and hold Hydrolico harmless with respect to such taxes, interest, and penalties. Products may also be subject to import taxes, customs duties, and/or fees imposed by government regulations. These costs are the responsibility of the Customer and will be additional costs unless otherwise specified. All prices on orders that have not yet been processed and accepted are subject to change without notice. Hydrolico reserves the right to correct any printing errors on the website or catalogue. Mixing of Product quantities to obtain volume discounts is only allowed on certain Products and will be done so at Hydrolico’s sole discretion. Hydrolico reserves the right to charge a non-refundable deposit for custom-made Products and/or Products that are shipped quickly. These deposits must be paid before Hydrolico begins production. If the Customer attempts to cancel or terminate an order for a custom-made Product, Hydrolico will keep the deposit as damages and not as a penalty. Notwithstanding the above, the Customer may not cancel or terminate an order for a Custom Product if the production of the Product has begun.
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