Sibirex, Inc. standard terms and conditions of sale

All Customer Purchase Orders are subject to these terms and conditions and all additional terms and conditions presented on or accompanying a Sibirex, Inc. Quotation or Sibirex, Inc. Order Acknowledgment. Sibirex, Inc. specifically rejects and Customer disclaims all printed provisions in Customer's printed Purchase Orders including associated forms and/or documents. These terms and conditions, together with the Sibirex, Inc. Order Acknowledgment shall constitute the entire agreement between Sibirex, Inc. and Customer with respect to any Customer Purchase Order and the Materials and/or Services provided hereunder. These terms and conditions supersede any prior or contemporaneous agreements or representations written or oral. Any amendment of these terms and conditions must be in writing and signed by Sibirex, Inc. to be binding on Sibirex, Inc.

1. PRICE OF PRODUCTS           

The price for Material and Services are based on Sibirex, Inc. published list prices in effect at time of Sibirex, Inc. receipt of Customer's Purchase Order unless otherwise set forth in the Order Acknowledgment, or a valid issued Quotation, Statement of Work or proposal. A Quotation, Statement of Work or proposal is valid for a period of thirty [30] days from date of issue. Errors or omissions in price are subject to correction by Sibirex, Inc.

All published list prices are subject to change by Sibirex, Inc., without notice. Sibirex Inc. retains all rights to change the Products or may discontinue any Products at Sibirex, Inc. sole discretion.

2. PRICES; ADJUSTMENTS

The price of Services may subsequently be adjusted to reasonably reflect the adverse cost impact to Sibirex, Inc. Sibirex, Inc. will provide a written notice and reason for an adjustment to the price within a reasonable period of time after Sibirex, Inc. becomes aware of an event under which Sibirex, Inc. intends to request an adjustment. The parties will then determine, in a commercially reasonable manner, the price adjustment that is appropriate. In the event an adjustment to the price has not been made within the aforementioned ten (10) business days, Sibirex, Inc. shall have the right to terminate this Purchase Order, in whole or in part and in addition to any other remedy available to Sibirex, Inc., Customer shall make immediate payment to Sibirex, Inc. on account of all Products delivered.

3. Product AND SERVICES WARRANTY LIMITATIONS

Sibirex, Inc. has no liability with respect to claims relating to or arising from the use of equipment not bearing the Sibirex, Inc. name. Sibirex, Inc. does not warrant that the operation of the Product will be uninterrupted or error-free. Similarly, Sibirex, Inc. does not warrant that the functions of the Product will meet Customer's requirements or that the Product will operate in combination with other products selected by Customer for its use. Sibirex, Inc. assumes no liability with respect to (a) defects caused by modification, repair, installation, operation or maintenance; or, (b) negligent or other improper use of the Product.

4. TAXES

In addition to the Price for Products paid by Customer, Customer will pay Sibirex, Inc. the amount of all taxes only in the State of NY, excises, or other governmental charges that Sibirex, Inc. may be required to pay with respect to the production, sale, license, or transportation of any Products delivered. If Customer claims exemption from any taxes, Customer will provide Sibirex, Inc. with documentation required by the taxing authority to support the exemption