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Hawk Terms and Conditions of Sale

PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.

These terms and conditions ("Agreement") apply to your purchase of products and/or services and support sold in the United States ("Product") by the Hawk entity named on the invoice or acknowledgement ("Hawk") provided to you. By accepting delivery of the Product, you accept and are bound to the terms and conditions of this Agreement. If you do not wish to be bound by this Agreement, you must notify Hawk immediately and return your purchase pursuant to Hawk's Return Policy . (See our contact information.) If returned, Product(s) must remain in the boxes in which they were shipped.

Payment Terms; Orders; Quotes; Interest.   Payment terms are within Hawk's sole discretion, and, unless otherwise agreed to by Hawk, payment must be made at the time of purchase. Payment for Product may be made by credit card, wire transfer, or some other prearranged payment method. Hawk may invoice parts of an order separately. Your order is subject to cancellation by Hawk, at Hawk's sole discretion. Hawk is not responsible for pricing, typographical, or other errors, in any offer by Hawk and reserves the right to cancel any orders resulting from such errors.

Shipping Charges; Taxes; Title; Risk of Loss.   Shipping and handling are additional unless otherwise expressly indicated at the time of sale. Loss or damage that occurs during shipping by a carrier selected by Hawk is Hawk's responsibility. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility. You must notify Hawk within 21 days of the date of your invoice or acknowledgement if you believe any part of your purchase is missing, wrong or damaged. Unless you provide Hawk with a valid and correct tax exemption certificate applicable to your purchase of Product and the Product ship-to location, you are responsible for sales and other taxes associated with the order. Shipping dates are estimates only.

Return Policies; Exchanges   You must contact us directly before you attempt to return Product to obtain a Return Material Authorization Number for you to include with your return. You must return Product to us in their original or equivalent packaging. You are responsible for risk of loss, shipping and handling fees for returning or exchanging Product. Additional fees may apply. If you fail to follow the return or exchange instructions and policies provided by Hawk, Hawk is not responsible whatsoever for Product that is lost, damaged, modified or otherwise processed for disposal or resale. At Hawk's discretion, credit for partial returns may be less than invoice or individual component prices due to bundled or promotional pricing.

Changed or Discontinued Product.   Hawk's policy is one of ongoing update and revision. Hawk may revise and discontinue Product at any time without notice to you and this may affect information saved in your online "cart." Hawk will ship Product that have the functionality and performance of the Product ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible. Parts used in repairing or servicing Product may be new, equivalent-to-new, or reconditioned.

Service and Support.   Service offerings may vary from Product to Product. If you purchase optional services and support from Hawk, Hawk and/or your third-party service provider will provide such service and support to you in the United States in accordance with the terms and conditions located at http://www.hawkintl.com or as mailed to you. You may contact Hawk for more information, see http://www.hawkintl.com for contact information. Hawk and/or the third-party service provider may at their discretion, revise their general and optional service and support programs and the terms and conditions that govern them without prior notice to you. Hawk has no obligation to provide service or support until Hawk has received full payment for the Product or service/support contract you purchased. Hawk is not obligated to provide service or support you purchase through a third party and not Hawk.

Limitation of Liability.   HAWK DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS, OR THE PROVISION OF SERVICES AND SUPPORT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, HAWK WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, HAWK IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

Applicable Law; Not For Resale or Export.   You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree and represent that you are buying only for your own internal use only, and not for resale or export
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