Applicable to all orders for Gamco Commercial Restroom Accessories, a Division of Bobrick Washroom Equipment, Inc. goods or services.

• Applicability of Commercial Code. This is a purchase and sale between merchants and the California Commercial Code governs this transaction as provided herein.
• Contingencies. Gamco is not liable for any failure to make delivery of the goods which are the subject of a customer’s order that are caused by circumstances beyond its control which makes such performance commercially impracticable including, but not limited to, acts of God, fire, flood, war, civil unrest, terrorist act, governmental action, accident, labor difficulties, shortages or inability to obtain material, equipment or transportation. In the event Gamco is so excused from making delivery of such goods, either party may terminate the contract and the customer will, at its expense and risk, return any goods previously shipped to the place of shipment by Gamco.
• Risk of Loss. All shipments by Gamco are made F.O.B. at Gamco’s shipping point, whether or not freight charges are prepaid and allowed or prepaid and charged to the customer. This means that Gamco’s customer assumes all risks of loss once the products have been placed in the custody of the shipper. Moreover, Gamco is not responsible for, and shall have no obligation to make, any freight claims covering goods damaged or lost in transit by a shipper. Claims for damaged or lost goods should be made directly by the customer against the shipper involved, and such customer should keep Gamco informed so that it can cooperate in the prosecution of such claim.
• Sales and Other Taxes. In California, Colorado, New York, Oklahoma and Tennessee, sales taxes, if applicable, shall be added to the invoice price covering the customer’s purchase in question. In all other jurisdictions, state or local sales or use taxes, if applicable, shall be paid by the customer. In all locations, all applicable federal manufacturer’s or other taxes shall be added to the customer’s invoice covering the goods which are the subject of the transaction.
• Terms of Sale. Unless otherwise agreed to by Gamco, all monies due Gamco for sales of goods are due net 30 days from the date of invoice. If, in Gamco’s opinion, extension of credit for the amount involved is not warranted at the time of shipment, Gamco may require the customer to change the method of payment for such goods. All payments are to be made in U.S. dollars. Gamco reserves the right to subject all goods which are not paid for in a timely manner to a late payment charge of up to 1½ % per month.
• Prices. Prices stated in Gamco’s published price list and specific quotations are based on Gamco’s cost of labor and material prevailing at the time of issuance. Prices stated in Gamco’s Acknowledgement of Purchase Order are firm for any customer orders that request prompt delivery. Otherwise, if a customer requests definite or indefinite future delivery or if there is a delay in Gamco’s receipt of any approvals that may be required prior to shipment, prices will be subject to escalation to cover Gamco’s cost prevailing at the time of shipment. Any reduction in the quantities shown in the customer’s purchase order may result in changes in unit prices of remaining items or cancellation charges to cover Gamco’s expenses and losses incurred. Special orders are not subject to reduction in quantity or cancellation by the customer after fabrication has been started by Gamco.
• Changes in Delivery Requirements. If a customer order indicates that the customer will advise Gamco subsequently of its delivery requirements or if there is a change in the customer’s stated delivery requirements, Gamco requests that the customer notify it at least 60 days in advance of the intended future shipment date.
• Gamco’s Warranties. All Gamco products, under normal usage, are guaranteed to be free from defects in material and workmanship for a period of one year from date of invoice. (Rust and discoloration to stainless steel parts resulting from exposure to harsh environmental and/or chemical conditions are not considered to be defects in workmanship or material and there is no express or implied warranty for such condition.) Other warranty limitations are as follows: Hand/Hair dryers – 10 years, GXT Series Auto Hand dryers – 5 years, “Float glass mirrors – 25 years against silver spoilage. Gamco’s obligation under such warranties is limited to the repair or replacement, at Gamco’s option, of any defective Gamco product returned by the customer, shipping charges prepaid, and accompanied by a Return Goods Authorization to Gamco’s factory within the stated warranty period. Except as hereinabove specifically set forth, it is expressly understood that Gamco makes no other warranties, express or implied, with respect to any Gamco products. Under no circumstances shall Gamco be responsible for any incidental or consequential damages suffered by the customer, whether or not such incidental or consequential damages are foreseeable by Gamco.
• Waiver of Jury Trial and Attorneys’ Fees and Costs. In the event of a dispute between Gamco and its customer as to a purchase order placed by such customer with Gamco, both parties agree to waive a right to trial by jury. The party prevailing in any litigation arising from a dispute between Gamco and its customer as to an order shall be entitled to recover its reasonable attorneys’ fees and costs.

Effective: January 1, 2009