PRICE: Except as provided below, the prices on the order are final. All prices are subject to change without notice due to changes in availability of raw material. Prices are F.O.B. shipping point and do not include any sales, excise or other tax which Hiawatha may be required by law to collect.

ACKNOWLEDGMENT OF PROCEDURE: Upon approval of the terms of purchaser's order at Hiawatha's office, a written acknowledgment will be sent to purchaser. Neither the provisions of a written order nor the terms of the acknowledgment shall be binding upon Hiawatha until its receipt of a copy of the acknowledgment bearing the signed written acceptance of the purchaser. Actual shipment without written approval and the issuance of a acknowledgment will constitute a waiver by Hiawatha of its rights to receive a signed copy of acknowledgment.

TERMS OF PAYMENT: Any product provided by Hiawatha shall be paid within terms specified on the Hiawatha invoice, unless otherwise specified in writing by Hiawatha. For invoice purposes, delivery shall be deemed complete at the time the products are delivered to the carrier for shipment.

CLAIMS FOR SPOILAGE, DAMAGE OR SHORTAGE: Written notice of any claim for spoilage, damage or product shortage shall be delivered by purchaser to Hiawatha within 7 days of the time of delivery. In the absence of such notice, purchaser will be deemed to have waived all such claims.

WARRANTY - LIMITATIONS OR LIABILITY: Hiawatha warrants that goods shipped will conform to the order terms accepted by Hiawatha and shall be free from defects in material and workmanship. Purchaser's sole remedy in the event of warranty claim shall be either the recovery of the purchase price of the defective product or a substitution of a conforming product, at Hiawatha's option. Without limiting the generality of the foregoing.
Hiawatha shall in no event have any liability for defects in or damage to products in or in connection with which Hiawatha products are used, down time of any machines or equipment, production delay or stoppages, shipping delays or cancellations, loss of business or profits or any incidental or consequential damages or losses, whatsoever.
This section sets forth the only warranty applicable to the goods purchased herein: and no other warranty, expressed or implied, including any warranty or merchantability of fitness shall apply to the good, all such warranties being hereby disclaimed by purchaser.

NOTICES: Notices provided for herein shall be directed to the purchaser at the address listed in the order document or to The Hiawatha Corporation at its office in Shelton, Washington, in accordance with the following:
Address: PO BOX 1227, Shelton, WA 98584
Telephone: (360) 426-4562

ATTORNEYS' FEES AND COSTS: In the event it should be necessary for Hiawatha to retain an attorney to order to enforce any of its rights under the terms of the order documents, purchaser agrees to reimburse Hiawatha for all fees and costs paid or incurred.

VENUE - APPLICABLE LAW: The terms and conditions of the order documents applicable to this transaction shall be interpreted under the case and statutory law of the State of Washington. In the event any action is brought to enforce such terms and conditions, venue shall lie exclusively in Mason County, Washington.

AGREEMENT: This agreement represents the entire agreement between the parties relating to the subject matter herein, and there are no other verbal or other agreements which modify or effect this agreement. No modification of the terms of this agreement shall be effective unless reduced to writing and executed in writing by both parties hereto.