Brochure Specifications

RST Instruments Ltd. (the Company) has described the equipment specified in the most recent brochures. Changes and improvements in items listed may be dictated by subsequent developments. Accordingly, the Company reserves the right to change and improve items, to discontinue listings, and to add new ones without notice. Additional information will be provided upon request.

Price Changes

The Company reserves the right to change the price of products without prior notice; the Company will endeavor to make recent changes known to Customers before a quotation is issued.

Quotations

All quotations are firm for 30 days, unless otherwise stated on the quotation. Thereafter, they are subject to change without notice. Unless otherwise specified, all quotations are FOB factory. On request, quotations will be made on other basis, such as FOB domestic destination, or CIF overseas destination. On request, shipping and insurance charges will be estimated and included in the quotation for information purposes. These charges will be invoiced at cost plus markup.

Minimum Order Value

The minimum order value is $250 CAD.

Taxes and Surcharges

All prices quoted are subject to increase or decrease as federal, provincial, state or local excise, sales, use or occupational taxes are increased, decreased, or applied. Any applicable local sales taxes, use taxes, or surcharge fees are for the account of the buyer and are not included in the Company’s published prices or quotations except where specifically noted. For sales to Customers in the United States, it is the Customers’ responsibility to do the self-assessment for state and local taxes if applicable, as the Company is an out of state supplier.

Terms

Payment terms are as shown on the invoice. A monthly service charge of 1% may be applied to all past-due balances. Export shipments will be made only after prepayment or receipt of an irrevocable letter of credit, drawn on a Canadian bank, payable upon presentation of shipping documents, with all bank charges to the buyer, or by special terms arranged with the Company.

Order Acknowledgment

All Customer orders are subject to acceptance by the Company, which acceptance shall be at the Company’s sole discretion and, if provided, via an Order Confirmation from the Company. The Company shall not be liable for any errors or miscalculations in Customer’s orders.

Order Cancellation

Once an order is accepted by the Company, the Customer may not modify or cancel the order without the Company’s prior written approval; such approval is granted at the Company’s sole discretion. If the Company expressly agrees in writing to permit Customer to modify or cancel an order, the Customer will compensate the Company for all costs and losses attributable to the modification or cancellation. Costs and incurred expenses will be deemed to be 50% of the Order value if cancelled prior to shipping by the Company. An order will be deemed cancelled if Customer is in breach of the agreed prepayment terms of the Order Acknowledgement. Cost and incurred losses may be up to 100% of the Order value, if the order consists of Custom products/equipment including those produced to special specifications.

Shipments and Delivery

Unless otherwise instructed, shipments will be made as soon as possible after receipt of order by the method of transportation which, in our judgment, will be most satisfactory. The right is reserved to make partial shipments where delays beyond our control may delay a portion of the order. All shipments will be made on the Customer’s account unless other special arrangements have been requested.

The Company uses every precaution to see that all items are included in a shipment and packed for transport. However, despite such safeguards, there is no guarantee that packed material will survive the hazards of transportation. Please open and examine all shipments promptly and report to the Company any discrepancies in the shipment. Shipping damages should be reported to the carrier promptly. Complaints concerning defective equipment or errors should be made at once. Claims must be made within 10 days after receipt of equipment. Clerical errors are subject to correction.

Responsibility and Risk

The Company cannot be responsible for delays resulting from strikes, accidents, acts of carriers or other causes beyond its control. All equipment is at the risk of the purchaser after it has been delivered by the Company to the carrier and a receipt obtained from the same in good order.

Service Terms and Conditions

Upon receipt of an authorization from the Customer to perform services outside of the Company’s normal hours of operation, additional charges will apply as described.

The following are additional labor charges in Canadian terms that may occur where applicable:

• Rates are effective from January 1, of the current year and are subject to change each year.
• Overtime rates (1.5x) apply to hours worked above and beyond the employment standard of 8 hours work shift. Overtime rates apply to all hours worked on Saturdays.
• Double time rates (2x) apply to hours worked above and beyond British Columbia employment standard of 12 hours work shift. Double-time rates apply to all hours worked on Sundays and Statutory holidays.
• Travel incidentals apply to expenditures associated with business travel, including airfare in business class, taxi to/from the airport, parking, meals during transit, and hotels for in-transit layovers.
• The minimum daily charge for Field Work is 8 hours per day per representative.
• The minimum daily charge for Remote Support is 1 hour per session per representative.
• The minimum repair/calibration for repair shop is 1 hour per equipment.

Return of Standard Equipment

• Custom products/equipment including those produced to special specifications.

• Products/equipment which require calibration.

• Products/equipment older than 60 days from the date of shipping.

• Products/equipment that are used or are not in brand new condition.

The designated RMA number should be marked on the outside of the returned package.

Liability

The Company’s liability is limited to the value of the equipment. The Company will not be liable for any special, indirect or consequential damages arising from the servicing or installation of the equipment, nor shall recovery of any kind against the said company be greater in amount than the purchase price of the specific equipment purchased which allegedly caused the damage. The Customer assumes all risks and liabilities for any loss, damage or injury to persons or property of the purchasers or others, however caused, arising out of the use or possession of any equipment supplied by the Company save and except the agreement to replace contained herein.

The Company’s liabilities as set out above shall not be extended because of advice given by the Company in connection with the design, installation, or use of any product. The Company does not assume responsibility for the accuracy of the Purchaser’s calculations, specifications, or design specifications.

Warranty

The Company agrees to replace any equipment which fails or malfunctions as a result of defects in materials or workmanship for a period of twelve (12) months from the date of purchase, as evidenced by the date on the invoice. The agreement to repair or replace herein contained does not apply to the compensation or any portion of installation or site preparation.

Defective items are to be sent back to the Company factory, with the freight prepaid by the Customer. Items will be evaluated by the Company and if warranty is applicable, items will be repaired or replaced and returned freight prepaid by the Company. If repair or replacement is outside warranty, return freight is to be prepaid by the Customer. Please note Customer is responsible for both inbound and outbound brokerage and duties, if applicable.

The Company agrees to give the Customer the benefit of any express guarantee or warranty by the manufacturer or supplier of goods not of the Company’s manufacture, including but not limited to parts and components supplied by others for goods manufactured by the Company.

The Company guarantees that any repair made shall be free from defect in material and workmanship for a period of three (3) calendar months from the date on the repair invoice. This warranty does not cover any faults previously reported by the Customer or any new faults that develop during the warranty period. The warranty excludes wear and tear, physical damage due to incorrect use or misuse, and any damage due to unauthorized repair or attempted repair. It also excludes any items that have been modified or altered by the Customer