ESSIbuy.com, Inc. Terms of Sale

(Domestic End User)

For all sales involving a domestic end user, the following terms apply.

1. All prices are stated in US Dollars and the quantities shown. For quantities, delivery schedule or terms and conditions other than those provided, ESSIbuy will provide a separate quotation.

2. Due to unforeseen circumstances, we may have to adjust our prices and/or Terms & Conditions without advance notice prior to acceptance of purchase order.

3. The pricing for the item(s) quoted includes handling and shipping charges to your destination of choice within the continental US. We typically use Federal Express or UPS Second Day for air shipments, and standard Federal Express or UPS truck transportation for surface shipments. If you desire premium or expedited delivery, or overseas surface or air transportation, additional shipping charges will apply.

4. All hardware items are warranted against defects in material and workmanship for 3 months after shipment. Should you desire a longer warranty, please contact us for a quotation.

5. All items will be packaged and marked in accordance with standard commercial practices for either domestic surface or air transportation. If you desire special packaging or preservation for overseas transportation, please contact us for a quotation.

6. All products, parts, or items delivered as a result of a purchase order will be inspected in accordance with standard inspection, test and acceptance procedures prior to shipment. Upon request suppliers will provide a Certificate of Conformance certifying that the items delivered conform to applicable drawings and specifications of the part number(s) ordered.

7. Forty percent (40%) prepayment may be required for new accounts. Net 30 day terms may be available upon approval of credit references and payment history. The preferred method of payment is by credit card, and we accept both VISA and Master Card. For your convenience, payment can also be made by check, money order or wire transfer.

8. Purchase order is not effective until prepayment is received or alternative payment terms are approved.

9. Seller shall be entitled to receive payment for partial and/or early deliveries.

10. Title to and all risks of loss of or damage to the goods shall pass from Seller to the Buyer upon Seller's FOB Destination delivery.

11. We shall not be liable for any non-delivery or delay in delivery of any items ordered due to war, acts of God, acts of Government, strikes, lockouts, riots, fires, floods, explosions or any other cause whatsoever beyond our control, including the failure or inability of our subcontractors to perform due to reasons beyond their control. We will immediately notify you of any such mentioned circumstances which delay or threaten to delay timely delivery on items ordered.

12. By accepting an order, we both agree to comply with all applicable Federal, State and Local laws, rules and regulations, and the order shall be construed according to the laws of the United States of America and the State of Missouri.

(Foreign End User)

In addition to the above, the following terms are applicable to any sale involving a foreign end user.

1. Buyer shall make payment to Seller by direct bank wire transfer to the Seller's account upon Seller's presentation of a Commercial Invoice, as follows:

a) Forty percent (40%) of the purchase order value within 30 days of Seller's written notification to Buyer that U.S. Department of State approval for export has been granted or is not required. Seller to provide invoice with export approval notification; and

b) Sixty percent (60%) of the purchase order value 15 days prior to the date of shipment.

2. The acceptance of the purchase order is contingent upon receipt of prepayment in accordance with paragraph 1, certification of end user and a copy of the export license.

3. Title to and all risks of loss of or damage to the goods shall pass from Seller to the Buyer upon Seller's EX-Works (Incoterms 2000) delivery.

4. Prior to acceptance of purchase order, Buyer shall provide Seller End User Certificate identifying the end user and end use of the proposed items.

5. In the event a U.S. Department of State export license(s) is required, it shall be applied for by the Seller, and Seller shall notify Buyer in writing upon its receipt of an approved license(s).

6. Prices do not include costs for obtaining any licenses, or duties, taxes or fees outside of the United States.