All sales are subject to the following terms and conditions:

Customer Acknowledgment

Customer acknowledges agreement with these Terms and Conditions of Sale by the placement of an order to purchase a product from Superior.

Purchase Price

Prices are listed in Superior catalogs and on its Web site and are subject to change without notice.

Payment is due at the time order is placed.

Sales Tax will be collected in all applicable states and regions.

Shipping Terms

Shipping terms are F.O.B. Santa Fe Springs, California. Superior will arrange payment for shipping with the carrier, but such costs are the responsibility of the customer. Superior shall not be liable for handling or customs charges for shipments outside the United States. Risk of loss is upon customer once Superior delivers the product to the carrier. Delivery times are estimations only and Superior shall not be liable for delays.

Warranty

Superior warrants that it has good title to the products it sells and that it has proper authority to sell the products it distributes.

Superior warrants the merchantability of all products manufactured by Superior at its Santa Fe Springs facility.

SUPERIOR DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS WHICH IT SELLS OR DISTRIBUTES.

Limitations of Liability

In no event shall Superior liability exceed the replacement cost of the product purchased from Superior.

Returns

No product may be returned without the prior authorization of Superior. Authorization for the return of a product must be requested no later the than thirty (30) days after the date of order for the product. To request authorization for a return, call (888) 590-7998.

If authorization for the return of a product is granted on the basis of a customer claim that the product is defective, Superior shall determine, in its sole discretion after examination of the returned product, whether the claim of defect is justified. If the claim is deemed to be justified, Superior will replace the product without additional charge, and will ship the replacement product to the customer at the expense of Superior. If the claim is deemed to be unjustified, the original product will be reshipped to the customer at the customer’s expense. In either case, the customer will remain liable for the purchase price of the product.

If authorization for the return of a product is granted on the basis of a customer error, the product shall be returned to Superior at the customer’s expense. The product must be completely intact, and in its original packaging; otherwise, no credit will be issued. Superior will credit the customer for the amount of the invoice for the returned product, less a restocking charge. The original cost of shipping the product to the customer will not be refunded.

Exclusive Agreement

These Terms and Conditions of Sale represent the complete and final agreement between the customer and Superior with respect to customer’s purchase of products from Superior, and shall be supplemented only by the prices, quantities, and descriptions contained in the customer’s purchase order or offer. Any other terms or conditions contained in the customer’s purchase order or offer to buy shall have no force or effect.

General

These Terms and Conditions of Sale and any transactions made under them shall be interpreted in accordance with and governed by the laws of the State of California.

In the event any section or portion of a section of these Terms and Conditions of Sale are deemed unlawful or unenforceable, that section or portion of a section shall be stricken from the Terms and Conditions of Sale. The remaining sections or portion of a section shall continue in full force and effect.

Superior shall not be responsible for damage or delay resulting from Acts of God or from other actions beyond the control of Superior, both governmental and otherwise, including but not limited to war, riot, seizure or embargo.

In the event that a legal action is filed to interpret or enforce these Terms and Conditions of Sale, the prevailing party shall be entitled to recover its attorneys’ fees and costs.

These Terms and Conditions of sale may be modified from time to time by Superior without notice and are current as of the date of the catalog or web site in which they appear. Please refer to the current catalog or web site for the most recent version of these Terms and Conditions of Sale.