ACKNOWLEDGMENT
Subject to availability, Hawkmate hereby offers to sell the products referred to in its catalogs and any Acknowledgment or Invoice only upon the following terms and conditions. This offer is subject to acceptance only on the following terms and conditions.

These terms and conditions are hereby incorporated into any purchase order, sales acknowledgment documents and to all subsequent actions relating to any of the products sold by Hawkmate Any additional terms or different terms and conditions proposed by any buyer in any purchase order or confirmation are hereby rejected, shall not be a part of any contract binding upon Hawkmate and any such purchase order or acceptance shall constitute any acceptance of this offer.

ORDERING
• Orders can be placed by phone, fax, e-mail or standard mail.
• Orders can be paid by Credit Card or Check.
• Certified bank checks are required for C.O.D. orders.
• Non cashier checks are held 10 days on new accounts before shipment is made.
• Credit Cards accepted: VISA, MASTERCARD, & AMERICAN EXPRESS.
• All sales final upon delivery.

SHIPPING
• FOB is Hicksville, New York 11714.
• All orders shipped via United States Postal Service unless otherwise instructed.

DAMAGED MERCHANDISE / CLAIMS BY BUYER
The utmost care is used in packing & shipping. Hawkmate shall incur no liability for damage, shortage or other cause alleged to have occurred or existed at or prior to delivery to the carrier unless full details thereof are entered on the shipping receipt to the carrier. We are not responsible for loss or damage during transit. All items are shipped at the buyer’s risk. If further damage is found after delivery, immediate inspection by the delivering carrier should be requested. Notification of concealed damages must be reported within 5 business days.

DELAYS IN DELIVERY
Hawkmate shall attempt to meet any shipment or delivery date specified, but in no event shall it be responsible or liable for failure to ship or deliver on or by any particular date. Hawkmate shall not be liable to any buyer or third party for indirect or consequential damages due to delays in the shipment or delivery of goods.

PRICING & QUOTATIONS
• All prices are suggested list prices. Prices subject to usual trade discounts, unless otherwise specified.
• Shipping costs and any applicable taxes are additional and are not subject to discount.
• Hawkmate is required to collect New York Sales Tax. Valid resale certificates are accepted.
• Quotes are guaranteed for 30 days, after which the price would be subject to change without notice.
• We make every effort to hold prices throughout the calendar year, however pricing is subject to change
without notice.

VOLUME ORDERS
• Large orders will be shipped in bulk, unless otherwise instructed.
• Merchandise shipped individually will be charged an additional Box & Handling fee per frame/display.

LEAD TIME
All orders are acknowledged with an anticipated ship date. This date is based on current production schedules, available inventory and other factors. It is not a guaranteed commitment to ship on that date and Hawkmate accepts no liability for unavoidable delays.

STORAGE
Orders held for ‘will call’ will be invoiced on date merchandise is ready for ‘will call.’ If delivery cannot be accepted upon agreed upon date, merchandise will be stored at the customer’s expense and risk.

RETURNS AND CANCELLATIONS
• Most merchandise is manufactured to your specifics, upon acknowledgement of your order. Therefore
no returns will be accepted without our written consent.
• Authorized returns will be charged a 30% restocking fee.
• Custom orders cannot be returned under any conditions, unless product defects exist.
• Returned goods must be unused (unless defective) and packaged in original cartons and shipped freight
prepaid within 30 days of original shipping date.
• Credit is subject to inspection by our receiving department.
• Orders may not be cancelled without our written consent.
• A cancellation charge may be imposed at our discretion, based on the amount of production completed.
• Orders ready for shipment, under no circumstances will be canceled.

SHORTAGE CLAIMS
• Shortage claims reported after 30 days beyond shipment date will not be honored.

SPECIFICATIONS
• Hawkmate reserves the right to change prices, specifications, and finishes at any time without prior notice.
• Color Charts, Textures and Finishes Charts approximate actual colors as closely as possible.
• Color reproductions of products shown in Swingframe catalogs, other marketing materials and
web-sites are approximate.
• Normal variations in metal finishes may occur when materials are restocked.

LIMITATION OF LIABILITY
Buyer’s exclusive remedy for claims arising hereunder shall be for the replacement or repair of products proven to have manufacturing and/or specification defects, or the allowance of credit therefore, at the option of Hawkmate, and shall be dependent upon Hawkmate acknowledgment that such defects exist. Hawkmate liability for any and all losses and damages to Buyer resulting from any cause whatsoever, including Hawkmate negligence, alleged damaged or defective goods, irrespective of whether such defects are discoverable or latent, shall be limited to replacement or repair of the product proven to have manufacturing and/or specification defects or allowance of credit therefore, at Hawkmate option.

TITLE TO MERCHANDISE
Buyer acknowledges that once Hawkmate delivers the goods to carrier, title to the
merchandise and risk of loss will pass to the buyer. If goods are damaged by the carrier while in transit the buyer has the sole obligation of seeking any appropriate recourse against the carrier. Hawkmate shall not be liable for consequential damages.

Hawkmate retains a security interest in all products sold to secure the purchase price and all other obligations owed by the customer to Hawkmate products until fully paid.

SAFETY NOTICE
Before beginning any project, review the instructions carefully, and if any doubts or questions remain, consult local professionals or authorities. Because local codes and regulations vary greatly, you should always check with local authorities to ensure that your project complies with all applicable codes and regulations. Always read and observe all of the safety precautions provided by any tool or equipment manufacturer, and follow all accepted safety procedures. What follows are reminders, although not an exhaustive list, of safety measures you should be aware of if undertaking home improvements yourself. They are not substitutes for your own caution, care, good judgment and common sense.

GENERAL PRECAUTIONS
• Always read container labels on paints, solvents, and other products; provide ventilation, and observe all other warnings.
• Always read the manufacturer's users manual for using a tool, especially the warnings.
• Always pay attention to how a tool works so that you can avoid being injured. Do not try to force them to do what they were not designed to do.
• Always keep your hands away from the business ends of blades, cutters, and bits.
• Never work with any tools when you are tired or under the influence of alcohol or drugs.
• Never work in insufficient lighting.
• Always make sure to adjust equipment properly before each use.

WEAR THE CORRECT GEAR
• Wear rubber or work gloves when handling chemicals, moving or stacking lumber, or doing heavy construction.
• Wear eye protection, especially when using power tools or striking metal on metal or concrete.
• Use a special-purpose tool belt with leather pockets and holders if you want to carry sharp or pointed tools. Never carry such tools in your pockets.
• Wear a disposable facemask when you create dust by sanding. Use a special filtering respirator when working with toxic substances and solvents.
• Never work while wearing loose clothing, hanging hair, open cuffs, or jewelry.