Alternative Fuel Systems, Inc. Terms, Policies & Prices

1. Acceptance: All orders are subject to approval and acceptance by AFS. The following terms and conditions apply to all orders, and are subject to change without prior notice. AFS reserves the right to cancel accepted orders if circumstances beyond its control (including but not limited to fires, floods, strikes, labor disputes, accidents, sabotage, terrorism, war, riots, delays in transportation or lack of transportation facilities, restrictions imposed by law, material shortages and other similar matters), cause AFS to be unable to timely deliver products pursuant to such order.

2. Prices: Prices are subject to change without prior notice. Unless otherwise stated, all prices are in U.S. dollars.

3. Payment Terms: Net 30 days, with approved credit for U.S. and Canadian based companies. Companies based outside U.S. and Canada, terms are TT or LC 30 days. Payments with credit and debit cards will be available only at the time of purchase. Payment of open balances with credit or debit cards is not allowed.

4. Past Due Accounts: All amount not paid when due are subject to a carrying charge of 1.5% per month to the extent of the law and otherwise at the highest written contract rate allowed by law. All invoices not paid when due are subject to collection and legal charges.

5. Shipping / Freight Terms: Products are sold ex works AFS's warehouse. Purchaser agrees to pay freight and shipping, pursuant to AFS's customer-specific freight policies.

6. Cancellations: Orders cannot be canceled after they have been processed.

7. General Returns: All returns (whether for product defect or otherwise) must be requested within 90 days of invoice. Returned merchandise will ONLY be accepted with an issued Return-Authorization number and ONLY within 30 days of issuing of that Return-Authorization number. All Special Order  products are non-returnable once ordered.
 All returns (except for returns involving a verified product defect) will be subject to a 20% restocking charge.
 Merchandise returned as defective will be thoroughly tested and inspected. For merchandise that is verified as defective, AFS will either (at its sole discretion) repair or replace the merchandise at no charge, or issue afull credit for the defective merchandise, including freight. Merchandise that is returned as defective, but is determined to work properly, will be subject to a testing fee of $25.00 and the product will be returned back to the customer at their expense or under customer written direction, AFS will dispose of the product. Credit will not be issued for merchandise damaged due to corrosive materials, abuse, alteration, or misuse.
 Before returning any merchandise to AFS, a Return Authorization Number must be obtained from your sales / customer service department. Your request must include:
  1. Part number and discription
  2. Reason for return
  3. AFS invoice number
  4. Customer's P.O. number
Merchandise must be returned "Freight Prepaid", with the Return Authorization Number clearly labeled on the outside of the package. Parts must be new, in original packaging, in salable condition, and originally purchased as service parts from AFS.

8. Limited Warranty: AFS warrants that the products it manufactures and distributes are free from defects in materials and workmanship under normal use. This warranty is made for a period of one year, or as indicated from the date of the original sale. (Products other than AFS manufactured parts are subject to a 90 day warranty.) This warranty is PARTS ONLY and does not cover any labor charges.
 AFS will repair or replace any item sold that proves defective in material or workmanship without charge. The defective item must be returned, freight prepaid to AFS with proof of purchase and a detailed explanation of defect.
 This warranty allocates risk of product failure between you and AFS. Our pricing reflects this allocation of risks and the limitation of liability contained herein. The warranty set forth above is in lieu of, and excludes all other warranties (whether written, oral, or implied) including the IMPLIED warranties of merchantability and fitness for a particular purpose. The agents and employees of AFS are not authorized to make modifications to this warranty or additional warranties binding on AFS. Accordingly, additional statements, such as agent advertising or presentations whether oral or written do not constitute warranties and should not be relied upon.
 This warranties gives you special legal rights and you may have other rights which vary from state to state.
Limitation of Liability: AFS SHALL NOT IN ANY CASE BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR ANY OTHER LEGAL THEORY EVEN IF AFS OR OUR AGENT(s) HAVE BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES. Among other things, this means AFS is not responsible for any costs incurred as a result of loss of profits or revenues. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

9. Tax: Purchaser is responsible for all manufacturer's tax, sales tax, use tax, excise tax, or other tax duty or similar fee imposed by any governmental authority in connection with the sale or use of the products sold. Purchaser agrees to reimburse AFS for all such taxes, duties, or fees it incurs as a result of the products sold to purchaser.

10. Waiver: No failure by AFS to insist on strict compliance with, or performance of, any term or condition hereof shall constitute a waiver of such term or condition, and AFS reserves the right to enforce the same.

11. Export Control: Products purchased or received under these terms and policies shall be subject to the export laws and regulations of the United States. Purchaser shall comply with all such laws and regulations, and agrees not to use, sell, lease, ship, or transport any AFS product in any manner that is inconsistent with such laws and regulations.

12. Severability: If any term or policy set forth herein shall be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such term or policy shall be enforced to the fullest extent permitted by applicable law, and the validity, legality, and enforceability of the remaining terms and policies shall not be impaired thereby.

06/24/10