Terms and Conditions

LIFT GATE PARTS DIRECT LLC (Seller) AND BUYER AGREES AS FOLLOWS:

1. Acceptance: Buyer’s acceptance of the Terms and Conditions of this Agreement shall be deemed to occur when

Buyer accepts to pick up or have goods delivered.

2. Payment of part purchase: Unless otherwise agreed by Seller in writing, Buyer shall pay in full total price stated

in this invoice of C.O.D Terms. If payments are not received within 10 days from shipment date or parts pick up

date, Buyer then agrees to pay Seller any finance charges (late fees) that may accrue at a minimum of $50.00.

Seller shall be entitled to sue for the total price in this invoice plus any finance charge then owing. If the overdue

account is turned over for collection, Buyer agrees to reimburse Seller’s attorneys fees and court costs.

3. NSF: There will be a $30.00 charge for NSF checks or credit cards.

4. Returned goods: Seller will not accept any returned goods without returned material authorization (RMA) number.

Such goods must be sent freight prepaid and will be subject to a minimum 30% restock fee. *PARTS ARE

SUBJECT TO INSPECTION*

5. RMA: (Due to customer error) Parts with a value of $80.00 or less will NOT be issued an RMA: Parts will be non-

returnable.

6. Limited Warranty: a.) The goods sold hereunder, under normal use and device for which it was intended, will

conform to Seller’s specifications in effect as of the date here of and will be free of material defects in workmanship

and materials for a period of 12 months from the date of purchase. The limited warranty is extended only to the

Buyer identified in this invoice and shall not to any subsequent purchaser. Seller’s obligation is limited to repairing

or exchanging any product, part or component which, in Seller’s judgement, is defective. Any spare parts

purchased after the 12 month Warranty period expires shall be warranted, in the manner provided herein for a

period of 90 days after the date of purchase. b.) The above warranty applies only to parts and components

assembled, mounted or installed by Seller or it’s authorized distributor. c.) The above warranty shall be void on any

produce, which in Seller’s opinion, shows signs of having been subjected to abuse or misuse, negligence or

accident, products, which have had the serial numbers altered, removed, modified by anyone other than the Seller,

or any of it’s authorized distributors. d.) Seller makes no warranty other than set forth in these terms. Seller makes

no warranty that the goods sold under his agreement are or will be merchantable.

7. Limitations on liability: a.) Seller’s liability for any defect in or in failure of goods or services rendered or for any

loss, injury or damage attributable thereto shall in all events be limited to refunding any amounts paid for the goods

or services in question or, at Seller’s option, replacing or repairing the defective time Seller shall have liability

under this agreement for defect in or failure of goods or services only if Seller receives written notice thereof from

the Buyer within 160 days after delivery or performance by Seller under this Agreement. b.) Seller shall not be

liable as set forth above if the defect has been caused in whole or in part by carelessness, improper treatment or

any willful omission or by any failure to comply with any instructions given by Seller. c.) If a defective product, part

or component was manufactured by some party other than Seller, Buyer’s sole and exclusive remedy against

Seller shall be the right to receive the benefit of any rights, which Seller may have against the supplier of such

products, parts or components. d.) Seller shall have no liability under the warranty set forth in above paragraph if:

Buyer has not complied with the payment terms referred to in these Terms and Conditions, or Buyer permits

anyone other than Seller to attempt any repair or replacement of defective times of work done.

8. Title: Until Seller has received full payment of the total price stated in this invoice, the legal and beneficial

ownership of the goods under this agreement shall be retained by Seller. Not with standing and foregoing, the risk

of loss of the goods shall pass to Buyer FOB place of shipment and Buyer shall then be responsible to maintain

insurance in the full replacement cost thereof. Buyer shall hold the goods and keep them in such a manner that

they can be clearly identified as belonging to Seller.

9. Remedies Cumulative: The remedies provided to Seller under this agreement shall be cumulative and concurrent

and may be pursued singly, successively or together against Buyer, and may be exercised as often as occasion

there for, shall arise. Seller shall not by any act of omission or commission be deemed to waive any of Seller’s

rights or remedies hereunder unless such waiver is in writing, and then only to the extent specifically set forth

herein. A waiver of any right or remedy on one event shall not be construed as continuing or as a bar to or waiver

of such right or remedy on a subsequent event.

10. Assignment: Buyer shall not delegate any duties or assign any rights under this agreement without Seller’s prior

written consent, which consent may be granted or withheld in Seller’s sole and absolute discretion. Any such

delegation or assignment in violation of any of the paragraphs set froth above, shall be void of no force or effect.