Distribution Sales Policy

The MK Diamond Products line is sold through authorized Distributors established on a market-oriented basis. Distributors are firms that have been selected by MK Diamond Products to represent MK Diamond Products’ equipment and blades. Distributors are responsible for stocking a sufficient quantity and assortment of equipment and blades to properly service their specific market, and who actively promote and sell MK Diamond Products’ line or products. MK Diamond Products reserves the right to terminate a Distributor at any time.

TERMS OF SALE
All sales will be at prices, discounts and rebates in effect as established by MK Diamond Products. Any inconsistent provisions contained in any purchase order or release issued by a Distributor will not apply unless expressly accepted by MK Diamond Products in writing. All prices in U.S. dollars.

CREDIT POLICY
All accounts must furnish satisfactory credit references and financial information. Payment history will be considered in credit decisions regarding
current Distributors. All discrepancies must be reported within 90 days of invoice date. No orders will be shipped to delinquent accounts.

FREIGHT POLICY
• General Freight Policy MK Diamond will prepay freight for a single order of at least $700 value (comprised of either equipment, diamond blades and/or parts, or a combination of these products) to 1 location within the continental United States. All shipments must be made to the distributor’s place of business. Other orders not meeting this criteria may qualify for free freight, as specified below. For non-qualifying orders, freight is prepaid and added to the invoice.

• Combination of Equipment and Diamond Blades MK Diamond will prepay freight for 1 saw, if combined with a single diamond blade order of at least $100, to 1 location within the continental United States. All shipments must be made to the distributor’s place of business. For non-qualifying blade and equipment orders, freight is prepaid and added to the invoice.

• Diamond Blades MK Diamond will prepay freight for a single diamond blade order of at least $230 value, to 1 location within the continental United States. All shipments must be made to the distributor’s place of business. For all other blade orders, freight is prepaid and added to the invoice.

• Equipment MK Diamond will prepay freight for a single order of 2 saws of at least $250 value each to 1 location within the continental United States. All shipments must be made to the distributor’s place of business. For all other equipment orders, freight is prepaid and added to the invoice.

• Parts, Accessories and Miscellaneous Items Freight is prepaid and added to the invoice.

• General Freight Terms Orders shipped to Hawaii, Alaska or outside the United States will be charged for all freight and handling fees. Residential delivery and lift gate charges are extra, which are billed separately as a handling fee.

All risk, loss or damage shall be upon the Distributor after delivery to the carrier. We reserve the right to ship in the most economical way. Any claims for packing shortages must be made within 30 days. Claims for shipping damage or loss must be made with the carrier.

MINIMUM ORDER
A $5.00 charge will be added to all orders having a net billing value of under $50.00.

PAYMENT
Terms are Net 30 days. MK Diamond Products may offset any amounts owed by a Distributor to MK Diamond Products against amounts owed by MK Diamond Products to such Distributor. All accounts not paid in accordance with these terms will be assessed a service fee at the maximum amount permitted by law, not to exceed 1-1/2% per month. In addition, the Distributor shall be liable for all costs and deficiencies that may result from the repossession and or resale of products. Payment terms are governed by invoice date; not by the date of receipt of material or invoice.

PRICING REBATES AND SPECIFICATIONS
MK Diamond Products reserves the right to change the construction, specifications, prices, discounts, rebates, and terms of same of its products without obligation as to products previously shipped or sold. Refunds or rebates will not be made on Distributor's shelf stock due to price decreases.

RETURNED MERCHANDISE
Distributors must contact their MK Diamond Products Regional Manager or Representative and complete and submit a “Returned Goods Authorization”. The authorization will include instructions as to where the merchandise is to be returned. All merchandise must be new (e.g. a current model), listed in the current product brochure/catalog, in good, usable/saleable condition and accompanied by a purchase order for other merchandise of equivalent value. Acceptance of the merchandise by MK Diamond Products is final only after inspection. Transportation charges must be paid by the Distributor on all goods returned for credit. Credit will be based upon invoice price or current discount schedule less a 15% handling charge. Any returned merchandise received that does not comply with the above policy will be returned to the Distributor, freight collect.

ACCEPTANCE OF ORDERS
All orders are subject to acceptance by MK Diamond Products and shall be binding on MK Diamond Products only upon written acceptance or by shipment.

CANCELLATIONS
Cancellation of unshipped or partially shipped orders will result in a chargeback to the Distributor if the resulting order no longer meets the quantity and freight requirements at which the original order was discounted.

SPECIAL PRODUCTS
A Distributor may not quote price or delivery on any product not listed as “standard” in MK Diamond Products’ current catalog. All specifications
of products other than “standard” shall be forwarded to MK Diamond Products. If orders for special products are accepted, they are not
subject to cancellation.

MK Diamond Products is not responsible for any commitment or specifications not presented for approval.

GOVERNMENT BUSINESS
MK Diamond Products reserves the right to quote and sell direct on requirements for any government agency or the United States federal government.

O.E.M. BUSINESS
MK Diamond reserves the right to quote and sell direct to any firm using standard or special MK Diamond Products as an Original Equipment Manufacturer.

MK Diamond Products reserves the right to change and/or modify products, part numbers and prices without notice.



© 2008 MK Diamond Products, Inc. 1315 Storm Pkwy Torrance, CA 90501
Customer Service: (800) 421-5830 CustomerService@mkdiamond.com