fails to issue releases, delays shipment, or does not accept shipment by the agreed final shipment date, Techtop may ship and invoice all remaining Products covered by the blanket order. 10.5 Changes to Quantities, Designs, or Delivery Dates. Customer must submit any requested changes to quantities, designs, release dates, or delivery dates in writing at least thirty (30) days prior to the scheduled ship date, and any such change is subject to Techtop’s written approval. Techtop reserves the right to adjust unit prices if Customer changes the total order quantity, Product configuration, or production timeline. 10.6 Storage, Payment, and Indemnification. If Customer requests a delay in scheduled delivery and Techtop approves the delay, Techtop may charge a monthly storage fee equal to one and one-half percent (1.5%) of the delayed Products’ contract value, accruing monthly until shipment. All cancellation, storage, and related charges are payable upon invoice. If Techtop permits cancellation of any accepted order, Customer will indemnify Techtop for all losses resulting from such cancellation. 11. Notice. All notices, requests, demands or other communications permitted or required to be given to Techtop pursuant to these Terms and Conditions will be in writing and shall be deemed to have been given, if sent, by U.S. mail, registered or certified mail, return receipt requested, postage prepaid, addressed to Techtop at 2815, Colonnades Court, Peachtree Corners, Georgia 30071, or at such other address as Techtop may designate in writing from time to time. 12. Defaults. If Customer defaults on any obligation or condition, Techtop may cancel the unfulfilled portion of the Sales Order and pursue all remedies available at law or in equity. 13. Limited Warranty and Return of Goods. For the applicable warranty period commencing on the date of delivery (as identified below) Techtop warrants that under normal and reasonable use, the Products will be free from defects in materials. This warranty will not apply to Products: (a) that have been repaired or altered by anyone other than Techtop; (b) contain components purchased from anyone other than Techtop; (c) that have been damaged, misused and/or mishandled; or (d) that have been operated, maintained, serviced, or stored, not in conformity with Techtop’s written instructions concerning operation, maintenance, service, and storage. OTHER THAN AS EXPRESSLY CONTAINED HEREIN THERE ARE NO WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. If, within the applicable warranty period, Customer discovers any defect in the materials or workmanship of any of the Products, Customer must promptly notify Techtop in writing of such defect and return the defective Product to Techtop. Techtop will inspect the Product and if required, Techtop, at its sole discretion and as Customer’s sole remedy, will repair or replace the defective Product, or refund the purchase price for the defective Product. The Limited Warranty does not include reimbursement to Customer for costs and expenses of transportation, freight, labor, removal, or other expenses incurred in connection with Customer’s return of the defective Product. Customer acknowledges that the remedies provided herein are exclusive and in lieu of all other remedies. Warranty Period Type All Single Phase Blue Line 3 Phase Green Line 3 Phase Brown Line 3 Phase Black Line 3 Phase Gray Line 3 Phase Orange Line 3 Phase Months 18 24 36 60 24 24 24 Techtop reserves the right to have any purportedly “defective” Product shipped to a Techtop authorized service shop for inspection. If upon inspection the Product is found to fit any of the conditions that invalidate the warranty, the Customer will pay the full price of any replacement Product supplied to Customer, including shipping costs. Customer may request further inspection of the motor by a second Techtop authorized service shop to confirm or contradict the findings of the first, at Customer’s expense. Products are sold without return privileges except with prior written authorization by Techtop. Customers seeking return authorization must provide the invoice number, shipment date and reason for the request. Except where items were damaged in transit, returns must be in clean factory packaging. All returns must be made by prepaid transportation. The credit for authorized returns will be based on the Sales Order. 14. Limitation of Liability. IN NO EVENT WILL TECHTOP OR ITS DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES OR REPRESENTATIVES BE LIABLE TO CUSTOMER FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, CONTINGENT, EXEMPLARY, OR INCIDENTAL DAMAGES OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF PRODUCTION, DOWN TIME, OR BUSINESS INTERRUPTION), WHETHER CAUSED BY OR RELATED TO ANY DEFECTIVE PRODUCTS OR ARISING FROM THE FOREGOING WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR ANY OTHER LEGAL THEORY EVEN IF TECHTOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ALL EVENTS, TECHTOP’S LIABILITY WHETHER BASED IN TORT, BREACH OF CONTRACT, BREACH OF WARRANTY, OR OTHERWISE, WILL NOT EXCEED THE PURCHASE PRICE PAID BY CUSTOMER WITH RESPECT TO THE PRODUCT WITH RESPECT TO WHICH A CLAIM ARISES OR IS ASSERTED. 15. Customer Modifications. Any tampering, alteration or service (including the replacement of parts or addition of parts or components) could render the Product unsafe and/or ineffective. Such activities will void the Product’s warranty and/or service maintenance agreement, if one. 16. Indemnification and Hold Harmless. Customer will defend, indemnify, reimburse, and hold Techtop and its successors, assigns, affiliates, officers, directors, employees, agents, and servants (“ Indemnities ”) harmless from any or all liabilities, obligations, damages, injuries, penalties, claims, demands, actions, suits, judgments, and any and all costs and expenses (including, without limitation, reasonable attorney’s fees and expenses) of whatever kind and nature imposed on, asserted against, or incurred by any of the Indemnities in any way arising out of or relating to any act or omission of Customer or its employees or agents or Customer’s or its employees or agents breach of any 43
Techtop Industries – 2815 Colonnades Court – Peachtree Corners, GA 30071
Updated 08/01/26
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