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Terms & Conditions

TERMS AND CONDITIONS OF SALE #IE090723STR (INTERNATIONAL)

All terms of trade used in this Contract for Sale, or in communications between the parties and related to this Contract for Sale, such as "ex works," shall have the meanings assigned to them in ICC Incoterms, ICC Publication No. 460 (July 1990) or the then-current version thereof.

SECTION 1. DEFINITIONS
    (a) "Buyer" shall mean the purchaser of the Equipment or Services identified in the Contract for Sale of which this is a part of, and its successors and permitted assigns.
    (b) "Contract for Sale" shall mean these Terms and Conditions of Sale and only those other documents attached hereto that are approved and accepted in writing by a duly authorized representative of Seller. ANY OTHER DOCUMENTS (WHETHER NOW EXISTING OR DELIVERED IN THE FUTURE), AND ANY TERMS AND CONDITIONS IN THOSE DOCUMENTS, THAT ARE NOT SO APPROVED AND ACCEPTED BY SELLER ARE HEREBY OBJECTED TO AND REJECTED BY SELLER.
    (c) "Effective Date" shall mean the date on which this Contract for Sale shall become effective, which shall be the date on which this Contract for Sale is accepted by Seller.
    (d) "Equipment" shall mean the equipment that is being sold to Buyer by Seller under this Contract for Sale, as more particularly described in the technical specifications attached hereto in accordance with Section 1(e) hereof. The parties hereto understand and agree that the Equipment will be manufactured for Buyer's specific use to design specifications unique to Buyer, and that, if the Buyer does not perform its obligations hereunder, the Equipment will not be salable by Seller to a third party.
    (e) "Notice" shall mean notice given in the manner described in Section 19 hereof.
    (f) "Seller" shall mean STRATCO, Inc., organized and existing under the laws of the State of Missouri.
    (g) "Services" shall mean the services to be performed by Seller for Buyer under this Contract for Sale.
    (h) "Subject Plant" shall mean the plant in which the Equipment is to be installed or for which the Services are to be provided.