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TeRMS & COndITIOnS OF SALe (l) SET-OFF: All moneys owed under any order shall be due and payable at
Beaverton, Oregon and the purchaser is prohibited from setting off said
sums due ATC under this order form sums, whether liquidated or not, that
are or may be due the purchaser which arise out of a different transaction
with ATC, its divisions, subsidiaries or affiliates.
(m) VENUE: Washington County, Oregon shall be the proper venue for any
actions arising out of or because of the breach of any agreement entered
into with ATC.

(n) ATTORNEYS’ FEES AND SUIT COSTS: Should ATC have to initiate legal
action to collect any moneys owed arising out of any contract, or should
ATC be sued by a customer under any contract, then if ATC prevails in
whole or in part, customer agrees to pay ATC’s attorneys’ fees, witness
fees, and court costs.

(o) TITLE: Title to the goods shall pass to the purchaser on identification
of the goods to the contract. Purchaser grants ATC a security interest in
the goods identified on this document, to secure payment of the purchase
price, including all amounts that come due under the Sale document.

(p) NON-WAIVER: no course of dealing or failure of ATC to strictly enforce
any term, right or condition of any contract shall be construed as a waiver
of such term, right or condition.
(q) CHOICE OF LAW: The construction, interpretation and performance of
any agreements entered into and all transactions under such agreements
shall be governed by the laws of the State of Oregon.

(r) CANCELLATION COSTS: In the event of cancellation of any order by
purchaser, purchaser shall be liable for reasonable cancellation costs
which shall not exceed the contract price for the items canceled.

(s) RISK OF LOSS: Purchaser shall be liable for any loss which occurs
after goods leave their F.O.B. point which shall be Factory, Beaverton,
Oregon, unless otherwise stated on the reverse side of this document.
(t) ERRORS SUBJECT TO CORRECTION: All typographical, stenographic
and arithmetical errors are subject to correction.
(u) LIABILITY FOR PATENT INFRINGEMENT: If goods are made to
purchaser’s specifications or design, purchaser assumes liability
for patent and copyright infringement and agrees to hold ATC
harmless from any actions arising out of any alleged infringement.

(v) RESPONSIBILITY FOR SAFETY TRAINING: Purchaser and end
users stipulate and agree that tampering with, or the improper
or unsafe operation of ATC products, especially power actuated
products, can cause severe bodily injury or death. Purchaser and
end users agree to assume complete and sole responsibility for
fully training and continually supervising each of their operators
in the proper use and safe operation of all products from ATC.

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© Copyright 2008 Astro Tool Corp. , 21615 SW Tualatin Valley Highway, Beaverton, OR 97006 • Tel: (503) 642-9853 • www.astrotool.com