PBE USED EQUIPMENT TERMS OF SALE • Used equipment is sold “As Is, Where Is” and does come with any guarantees or warranties from PBE, expressed, written or implied unless specifically listed herein. • All sales of equipment are subject to prior sale and contingent on current owner’s agreement to sale. • Equipment Payment Terms: 100% deposit due with order to remove equipment from market. All payments to be received in USD via wire payment. • Cancellations by Buyer shall be by mutual agreement in writing between Buyer and PBE. Deposits are non-refundable. Any other payment refunds agreed to by PBE for Buyer’s Cancelled order will be based on adjustment necessary to cover PBE’s labor expended, material and/or services procured, and reasonable overhead expenses applicable thereto. • Material and equipment included in this quote are based on Seller’s interpretation of Buyer’s requirements and are subject to verification by Buyer or his representative. This quote does not include accessory equipment unless such items are listed on quotation. • All equipment and shipments are quoted FOB Point of Shipment. Title passes to Buyer upon availability to a common carrier or delivery service. Freight claims are the responsibility of the owner/buyer. • PBE is not responsible for the production rate or warranty of system. Equipment manufacturer holds all liable responsibility. • PBE is reporting the condition of the equipment as it was reported to PBE. PBE does not guarantee the actual condition of the equipment nor implies that PBE has inspected the equipment to ensure the condition is being reported accurately. PBE suggests that the customer inspects all equipment prior to purchase. • This Agreement constitutes the sole and entire agreement of the parties to this Agreement with respect to the subject matter contained herein and therein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. No representation, statement, condition, or warranty not contained in this Agreement will be binding on the parties hereto or have any force or effect whatsoever. • Notwithstanding any other terms, obligations and conditions in this Agreement, the Buyer & Customer agrees to defend, hold harmless and indemnify the Seller (PBE Incorporated) against any and all losses, claims, actions, damages, liabilities, costs and expenses in connection with loss of life, personal injury, damages or any other losses or injuries which may arise from, and occasioned wholly or in part by any act or omission or by the fault of the Buyer, training of any employees or other individuals who operate the equipment herein which customer has elected not to have PBE install or rebuild. • This price does NOT include any State, Local or US Taxes if applicable. • Equipment purchaser/user is responsible for determining and supplying the safety features to be furnished in order to comply with local, state, and federal rules and regulations pertaining to the safety, health and welfare of the worker.