Updated Terms and Conditions

The Brewer Company

Domestic Terms and Conditions of Sale – Effective January 1, 2022
(for the Continental United States and Canada)

Terms and conditions are for each sale between The Brewer Company, LLC, (referred to as Brewer) and the purchaser submitting the purchase order to purchase Brewer products or service(s). Brewer will fulfill purchase order to the below terms and conditions. Any additional, different, or conflicting terms and conditions between the purchaser and a third party are not binding in any way to Brewer.

Lead Times: Please contact Brewer Customer Service at 1.800.558.8777 or customerservice@brewercompany.com for lead-times on a particular order.

Prices: Prices shall be as quoted on the price list of Brewer. All prices are subject to change without notice. The price for all sales shall be the price in effect at time of shipment. All prices are exclusive of taxes and charges for freight and insurance which shall be the sole obligation of the customer. Emergency or rush orders are subject to added handling and transportation charges.

Internet Pricing Policy: Internet pricing shall be based on the Manufacturers Suggested List Pricing. Posted internet pricing deviations are subject to distributor termination. All prices are subject to change without notice.

Payment Terms: Brewer may provide payment terms in which payment is due 30 days from the date of invoice. Brewer (I) may suspend shipments if payment of any customer invoice is not paid when due or if Brewer otherwise deems necessary to protect its interests and (II) shall be entitled to receive all expenses of collection (including attorneys’ fees) related to any action initiated to collect past-due amounts. Purchaser shall pay Brewer a finance charge of 1.5% per month, compounded monthly, on delinquent payments.

Improvement; Price List Not an Offer: Brewer reserves the right to improve or modify the design of its products consistent with new methods and techniques. The possession of the price list does not constitute an offer of sale.

Cancellation; Modifications: Cancellations, modifications or rescheduling of deliveries for purchase orders will be subject to fees of up to 25% of sell price to offset commitments and expenses incurred by Brewer.

Return Goods Policy: Proper written or verbal authorization from Brewer in the form of a Return Material Authorization (RMA) must be obtained prior to return. All requests for authorization must include: (1) the reason for requested return, (2) the original purchase order number, (3) Brewer item number, and (4) the quantities of product to be returned.

Items may be returned to Brewer within six (6) months (except service parts within ninety (90) days) from the original ship date. Product must be in original packaging. Specific exceptions include:

– Any item which has been used or opened, is only partially complete, stickered, marked, damaged, defaced, or is without all original packaging, labeling, packaging inserts, or operating manuals

– Any item on a “special order” basis, including custom or non-standard colors, Brewer standard colors can be found at https://brewercompany.com/resources

– Discontinued items

– Service parts sold for less than $50.00 USD

If a defective product was put into service, the customer is responsible for cleaning and disinfecting the product being returned and for completing the Decontamination Certificate. The completed Decontamination Certificate may be returned with the product or emailed to CustomerService@brewercompany.com. Customer will be assessed a Cleaning Fee of $150 per product for failure to clean/disinfect the product and/or return the completed Decontamination Certificate.

Transportation charges must be prepaid. Brewer will arrange and pay for pick-up of product shipped in error, or product that is believed defective. Customers will be responsible for arranging and paying for pick-up of product ordered in error or that is outside of Brewer’s warranty. Returns merchandise must be shipped in the original packaging or as indicated by Brewer.

If product returned to Brewer is not the product specified on the RMA (product number, quantity, serial/lot number), customer must respond to inquiries within10 days, or credit will not be issued and returned material will be discarded without any credit issued.

Credit amount for authorized returns will be issued upon receipt of product and verification of return eligibility. Credit amount to be issued is determined by the type of return.

Type of Return

Credit Amount

Brewer error or confirmed defect

100% purchase price

Authorized “saleable” return

Purchase price less 25% restocking fee, with a minimum $50 fee

Unauthorized return (Returns received without prior authorization or containing “non-saleable” items not eligible for return will not be accepted and may be returned to customer at customer’s expense.)

25% restocking fee + a $25.00 unauthorized fee

For Orders by customers outside the Domestic US and Canada -Transfer of Ownership: Customer accepts ownership of the products upon initial loading of the shipment by the carrier at a Brewer facility.

The Brewer Company

Domestic Freight Policy – Effective July 1, 2022

(For the Continental United States and Canada)

Standard Freight Terms: All prices are FOB Brewer, default shipping method is dock-to-dock delivery, and all freight charges are payable by the purchaser. Drop shipping is available but is subject to an additional handling fee. Any additional charges incurred will be applied to the distributor.

Freight-Paid Shipments: To provide additional value to our customers, Brewer provides free dock to dock shipping on the following domestic Medical orders:

Purchase Orders with Exam Table: Orders containing at least one table with a minimum of $10,000 in purchased goods.

For any purchase orders without an Exam Table: Orders with a minimum of $5,000 in goods that do not contain a table.

Freight-paid shipment details:

• Brewer establishes the method and size of shipments participating in the freight-paid program.

• The order must ship complete when all items are ready to ship. If orders are split per request of distributor, Brewer will be responsible only for the freight expenses on the first shipment. Freight expenses for all subsequent shipments will be added to the invoice for each shipment.

• Deviations from Brewer policy are available by request but are subject to additional charges. Examples of deviations include requested changes to Brewer’s chosen delivery size, method, and delays due to off-loading.

• The distributor will be billed for any additional charges incurred by the receiving entity.

• Freight-paid shipments may be Drop Ship Orders.

• Receiving facility must have an elevated dock or ramp and may be required to supply an elevated surface to unload the product.

For all other orders, Brewer products are shipped FOB Brewer, and the customer is responsible for freight charges.

Special Shipping Services: The following services are available for an additional fee. Please contact Brewer Customer Service at the number below for details

Lift Gate: For deliveries without an elevated dock or ramp please note that this does not include inside delivery nor is timeframe for delivery guaranteed.

Inside Delivery: Product is transported from truck to just inside front door of building; please note that this does not include lift gate.

Debris Removal (White Glove Service): Product is removed from skid, placed for use, packaging materials and skid are removed.

Limited or Restricted Access and Appointment Requirement: Product is delivered by establishing a specific delivery appointment or in compliance with a facility’s limited or restricted access guidelines as determined by the institution receiving the goods.

Expedited or Guaranteed Shipping: Fast and/or guaranteed arrival for shipments.

Freight Claims:

• Upon receipt, merchandise should be carefully examined to ascertain that proper amount has been received in good condition.

• Once the delivery receipt is signed free and clear, Brewer may file a freight claim relevant to Brewer-paid shipments, but reimbursement to the customer is contingent upon reasonable evidence of carrier liability as determined by the freight carrier. Note that the reimbursement amount may be at an amount lower than the original purchase price based on current freight claim reimbursement rates. Repackaging, reshipping or transferring of goods voids Brewer’s opportunity to file a claim on the original shipment and any requests for credit or replacement in these circumstances will be declined.

• Any claim for concealed shortage or damage must be made with delivering carrier within two (2) days from receipt of goods. Brewer does not assume any responsibility for loss or damage in transit, and compensation for such loss must be obtained from the freight carrier.

For all Purchase Orders outside of the continental United States and Canada the additional Freight Policies apply

Freight Policy: Buyer shall be responsible for all shipping costs including but not limited to scheduling pick-up at supplier, transportation, customs, and duties. This policy applies to all final destinations not located in the Continental United States or Canada. Please contact Brewer Customer Service at 1.800.558.8777 when requiring a quote.

Freight Claims:

• Upon receipt, merchandise should be carefully examined to ascertain that proper amount has been received in good condition.

• Any claim for shortage or damage must be made with delivering carrier within five (5) days from receipt of goods. Brewer does not assume any responsibility for loss or damage in transit, and compensation for such loss must be obtained from the freight carrier.

For information on freight, or to receive a freight quote or special services quote, please contact Brewer Customer Service at 1.800.588.8777 or customerservice@brewercompany.com.

The Brewer Company

Warranty – Effective July 1, 2022

Warranty: Brewer shall manufacture its products in accordance with the requirements of all applicable laws, including without limitations, the regulations promulgated by and for the Federal Food and Drug Administration and industry standards. Brewer warrants its products to be free from defects in parts and workmanship under normal use and service for a period detailed in the table below from the date of delivery to original end user. Brewer will not be responsible for any Product failure due to abuse, modification, or improper use, or for any use which exceeds the published capacity or intended use of the product. Customer is responsible for reading and understanding the instructions of use including proper cleaning and associated documentation on Brewer products.

Do not discard parts before contacting Brewer for warranty service, as Brewer may require the customer to return, at Customer expense, those defective parts for examination to determine the applicability of these warranty provisions. Brewer reserves the right to dispose of non-defective returned product if the customer fails to respond to requests for information for 30 days from receipt of product.

Product

Warranty Period

AssistPRO Programmable Table

3 Years

Assist Power Procedure Table

3 Years

Access High-Low Exam Table

3 Years

Access Exam Table

5 Years

Element Treatment Table

3 Years

Support products

5 Years

Lighting products

1 Year

Seating products

5 Years

OEM products

1 Year

Refurbished products

1 Year

Accessories and service items

1 Year

This warranty is exclusive and in lieu of all other warranties and remedies whatsoever, including but not limited to implied warranties for merchantability and/or fitness for a particular purpose. No agent, employee, or representative of Brewer has any authority to make any affirmation, representation, or warranty not set forth in these terms and conditions concerning any products of Brewer. Brewer shall have no liability whatsoever for damages caused by transportation, accidents, fire, unauthorized alteration, or normal wear or abuse. Brewer will have no liability whatsoever for any incidental or consequential damages, including without limitation, lost profits or any such damages arising from (a) the design, manufacture, sale, delivery, installation, repair, operation or

use of Products of Brewer or any part thereof, (b) any actual or alleged failure or defect in Products of Brewer or any part thereof, or (c) any actual or alleged breach or non-performance by Brewer of this limited warranty. Any cosmetic or non-functional defects need to be documented upon delivery and will be excluded from warranty if not recorded.

Obtaining Warranty Service:

Warranty services must be obtained by contacting an authorized Brewer Company distributor, who purchased a Brewer Company Product, or by contacting Brewer Customer Service by phone at 1.800.558.8777 or by e-mail at customerservice@brewercompany.com. The Brewer Company Customer Experience team is prepared to assist with troubleshooting and providing technical assistance on Brewer products. In most cases, we can assist with providing guidance on obtaining field service resources for product outside of warranty as defined in this document. Note that a troubleshooting discussion is required prior to any decision about a field service dispatch to diagnose the issue and allow time to determine the need for service parts if required.

If the product is within the warranty period described above, Brewer will either provide on-site repair services, ship replacement parts, or replace the product at the discretion of Brewer. On-site service is provided only within the Continental United States, and only replacement parts or product will be provided at Brewer’s discretion in Canada. Completion of product warranty registration may expedite warranty service of exam tables. Register your product online at http://www.brewercompany.com/warranty-registration/.