These Terms and Conditions Apply to All Quotations, Orders, and Contracts for NoFire Protection SA (Pty)Ltd. (hereinafter referred to as “NoFire Protection SA”), Nofire Coatings hereafter termed “Safety Paint”, to any and all customers and purchasers, herein referred to as “Purchaser”. As used herein this Terms and Conditions of Sale, the word “Safety Paint” includes all Nofire Coatings.

All reasonable efforts will be used to obtain manufacturer’s guarantees or warranties for any sub-assemblies included in the Safety Paint. To the extent such warranties are assignable; NoFire Protection SA hereby assigns warranties granted by Nofire Technologies Inc. of any modification contained in the Safety Paints.

LIMITATION OF LIABILITY: In no event shall NoFire Protection SA be liable, and purchaser hereby waives any claims against NoFire Protection SA and releases NoFire Protection SA from liability, for any indirect, special, punitive, incidental, or consequential damages whatsoever based upon breach of warranty, breach of contract, negligence, strict tort, or any other legal theory.

Excluded damages include, but are not limited to, loss of safety and protection from fire for application not supervised or completed by NoFire Protection SA personnel or for application of Safety Paints altered or compromised in anyway.

ACCEPTANCE: NoFire Protection SA sales are limited to and expressly made conditional on Purchaser assent to the terms and conditions of sale herein and, if applicable, on the attendant quotation, both of which form a part of this order and which supersede and replace any and all prior agreements, representations, discussions or negotiations, whether written or oral, with respect hereto and any conflicting terms and conditions of Purchaser, or any statement therein, whether or not signed by Purchaser. NoFire Protection SA will furnish the quantities of Safety Paints specifically listed on the face hereof or the pages attached hereto.

PRICES: Unless otherwise specified in writing, all quoted prices are firm for thirty (30) days from the date of offer.

DELIVERY: Dates for the delivery or shipment of Safety Paints are approximate only and are subject to change. NoFire Protection SA is not liable, directly or indirectly, for any delay in or failure to deliver caused by carriers or delays from labor difficulties, shortages, strikes or stoppages of any sort, failure or delay in obtaining materials from ordinary sources, fires, floods, storms, accidents, or other acts of God or force majeure, by any statute, regulation, administrative order or decree or order or judgment of a court of law or other causes beyond our reasonable control. Unless otherwise specifically agreed in writing by NoFire Protection SA.

CREDIT AND PAYMENT: Unless otherwise noted on the face hereof payment terms are (30) days net. Pro rata payments shall become due with partial shipments. Any discount period which may be granted by NoFire Protection SA begins on the invoice date and all payments are due 30 days after the invoice date. All payments shall be made without deduction, deferment, set-off, lien or counterclaim of any nature.

All amounts due not paid within 30 days after the date such amounts are due and payable shall bear interest at the lesser of 1.5 percent per month or the maximum rate of interest allowed by law. NoFire Protection SA reserves the right at any time to suspend credit or to change credit terms provided herein, when, in NoFire Protection SA sole opinion, Purchaser financial condition so warrants. Failure to pay invoices when such invoices are due and payable, at NoFire Protection SA election, shall make all subsequent invoices immediately due and payable irrespective of terms, and NoFire Protection SA may withhold all subsequent deliveries until the full account is settled. NoFire Protection SA shall not, in such event, be liable for delay of performance or non-performance of contract in whole or in part subsequent to such event.

CANCELLATIONS AND CHANGES: Orders which have been accepted by NoFire Protection SA are not subject to cancellation or changes in specification except upon prior written agreement by NoFire Protection SA and upon terms that will indemnify NoFire Protection SA against all losses resulting from or arising out of such cancellation or change in specifications.

SAFETY PAINTS WARRANTY AND REMEDY: For new Safety Paints only, NoFire Protection SA warrants that the Safety Paint that is the subject of this sale is free from manufacturer’s defects in quality and workmanship. This warranty is valid for twelve (12) months from delivery to Purchaser (the “Warranty Period”). If Purchaser discovers within the Warranty Period a defect in design, material or workmanship, Purchaser must promptly notify NoFire Protection SA in writing as soon as defect is discovered. Within a reasonable time after such notification, NoFire Protection SA will correct any such defect or provide replacement (new) paint, at NoFire Protection SA’s discretion.

The warranties set forth herein are inapplicable to and exclude: (i) any work not done by qualified personnel from NoFire Protection SA, (ii) loss of properties or loss of life caused by the negligence (including but not limited to mixing of Nofire paint with water or any foreign material) by Purchaser or any third party herein known as “Outsourced Contractor”, (iii) damage caused by fire within 24 hour period of completion of application.

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