Finco is a distributor of some products, and a manufacturer of others. Product warranties differ depending on the product and the manufacturer.

Products not manufactured by Finco are covered by each manufacturer's warranty, service, and support policies (if any). Finco assigns and passes through to the The Customer any warranty of the manufacturer for any product Finco sells to The Customer, and The Customer acknowledges that it shall have recourse only under such warranties and only against the manufacturer of the product. While Finco will pass along warranty information and warranty registration forms to The Customer to the extent the manufacturer supplies them with the product, warranty registration with the product manufacturer when required is The Customer's responsibility.

New products manufactured by Finco may be covered by one or more Finco warranty policies, as set forth in the product's Warranty Statement. Such warranties may vary by product, at Finco's discretion. If a specific Warranty Statement applies to a product, a copy will be made available to The Customer, at The Customer's request, prior to any purchase, and a copy will be included with each product shipped. By ordering or accepting delivery of any product, The Customer agrees to be bound by the terms and conditions of the product's Warranty Statement. When a Finco warranty applies to a product, Finco will automatically register the product for the customer starting on the delivery date.

New replacement parts manufactured by Finco carry a warranty against defects in material or workmanship for a period of ninety days or 250 hours of use from the date of delivery to The Customer, or for the specific number of operational hours of use specified in the product's Warranty Statement, if any, whichever occurs first. Liability for any such defects is limited to replacement or repair of the product by Finco or its designee, or refund of the purchase price to The Customer, at Finco's sole discretion.

When not otherwise specifically stated, new equipment manufactured by Finco carries a warranty against defects in material or workmanship for a period of one year or 1,000 hours of use from the date of delivery to The Customer, or for the specific number of operational hours of use specified in the product's Warranty Statement, if any, whichever occurs first. Liability for any such defects is limited to replacement or repair of the product by Finco or its designee, or refund of the purchase price to The Customer, at Finco's sole discretion.

Used products, including but not limited to, vehicles, trailers, equipment, parts, electronics, tools, drill rod, and drill pipe are sold with no warranty either expressed or implied beyond that required by the state of Kansas unless specifically otherwise stipulated in writing at the time of sale.

There is no guarantee of merchantability or usability for any product manufactured by Finco  either expressed or implied beyond that required by the state of Kansas unless specifically otherwise stipulated in writing at the time of sale.

Determination of what constitutes a defect in material or workmanship is at Finco's sole discretion.

This warranty does not cover environmental damage, depreciation, or any damage caused by normal wear, neglect, accidents, improper protection, improper winterizing and storage, or improper use. The cost of normal maintenance and normal replacement of service items shall be paid for by the purchaser. Items such as, but not limited to: Repairing broken chain links and adjusting chains, tightening loose fittings and hardware, repairing loose electrical connections, and replacing packing in drilling fluid pumps are considered as normal maintenance and are not covered by this warranty. Proper storage and shipment of warranty parts is The Customer's responsibility. Any component damaged by rain, mud, rust, poor packaging, or other act of negligence by The Customer will not be eligible for warranty coverage.

FINCO MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO ANY PRODUCT EXCEPT THOSE STATED IN THIS DOCUMENT. FINCO DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, TO THE EXTENT ALLOWED BY LAW.

IN ALL CIRCUMSTANCES FINCO'S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. FINCO SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. FINCO SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT FINCO IS APPRISED OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.

4. GENERAL TERMS AND CONDITIONS

Payment Terms: Payment arrangements for products ordered must be made prior to shipment. Product may be shipped C.O.D. or on open account, at Finco's sole discretion. Payment can be made by Visa, MasterCard, American Express, Discover, PayPal, wire transfer, certified check, money order, Letter of Credit, or some other method prearranged with Finco. The Customer agrees to pay the amount due as specified on the invoice, and further agrees to pay interest on all past-due sums at a rate of 2% per month, compounded monthly, or the highest rate allowed by law, whichever is greater.

Credit Card Charge Authorizations: Finco currently requires a fax authorization to accompany any credit card charges. The normal procedure is for Finco to fax to the The Customer an invoice, showing the total items ordered, total sum due, and anticipated shipping date and method. The invoice will contain a credit card charge authorization section that The Customer will complete and sign, then fax back to Finco before the card will be charged.

Alternatively, for frequent buyers who wish to do so, The Customer can supply Finco with a blanket authorization form to be completed and held in Finco's files. Such authorizations will remain in full force until either the expiration date listed on the form or until Finco is notified in writing that the authorization is no longer valid, whichever occurs first. A form for this purpose is available from the Finco Accounts Receivable Department.

Shipping Charges: Your total cost for purchase of any product will include shipping and handling charges as shown on the Finco invoice. There is a minimum $10.00 per order handling charge applied to all shipments.

Title; Risk of Loss: Finco will arrange for shipment of ordered products to The Customer, Free On Board (FOB) shipping point, meaning title to the products -- excepting software-- and risk of loss passes to The Customer upon delivery to the freight carrier. Finco reserves a purchase money security interest in the products until its receipt of the full amount due. The Customer agrees to allow Finco to sign appropriate documents on The Customer's behalf to permit Finco to protect its purchase money security interest. Title to any software will remain with the licensor. All software is provided subject to the license agreement of the software maker. The Customer agrees to be bound by any software license agreement once the seal on the package is broken. Finco will advise The Customer of estimated shipping and delivery dates, but Finco will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.

In all cases, risk of loss and damage to goods in transit shall fall upon The Customer. It is The Customer's responsibility to file any loss or damage claims with the freight carrier. Finco recommends that The Customer inspect all shipments for damage upon receipt. If any damage is noticed with packaging or carton, The Customer should not sign for or accept it without the driver making a notation on the freight bill or receipt. After receiving the shipment, The Customer should remove the goods and thoroughly inspect immediately and if any concealed damage is discovered, notify the delivering carrier and follow their instructions carefully so as to protect its rights. The Customer should typically not move damaged products or the carton and packing material until inspection by the carrier unless failure to do so would cause a hazard to property or persons.

The Customer will not attempt to return any goods to Finco without making prior arrangements as detailed in the Product Return Procedure.

Claims for shortages or inaccurate filling of orders must be made within 15 days after receipt of goods by The Customer.

Goods damaged in shipment due to poor or improper packaging will not be warranted by Finco.

1. To return a product to Finco, The Customer must first call or e-mail Finco's Customer Service Department and obtain a Return Merchandise Authorization ("RMA") number within the guarantee or warranty period for the product. The guarantee or warranty period commences upon delivery of the product to The Customer or its consignee. Finco will not accept returns without prior authorization and an RMA number. Once issued, RMA numbers are valid for 15 days within which return products must be received by Finco. RMA numbers will not be extended or reissued. The Customer should prominently display any RMA numbers associated with the shipment on the shipping label of boxes containing returned products.

2. The Customer is solely responsible for shipping any returned product to Finco. The Customer agrees to use only reputable carriers capable of providing proof of delivery and insurance for the entire value of the shipment. The Customer agrees to bear all shipping charges and all risk of loss for the return product during shipment. The Customer agrees that all returned products will be 100% complete, in re-saleable condition, and will include the original packaging material, manuals, blank warranty cards, and other accessories provided with the product at the time of sale.  If any component of the returned product is missing, Finco's Product Return Procedure will be deemed breached and Finco will reject the entire return or may choose to impose additional charges against the customer for replacement of the missing component, at its discretion.

3. Finco will not refund the original shipping charges to The Customer under this procedure if products are being returned under the Satisfaction Guarantee policy or Product Warranty policy. In addition, Finco will assess a 15% restocking fee against the Customer's account on all non-defective returns for refund.

4. Products returned for warranty consideration, inspection, or testing found to be in acceptable working condition, or if the cause of failure is determined not to be a valid warranty issue, solely at Finco's discretion, will be subject to a minimum $25.00 inspection and handling charge for each item.

Currency: Values quoted or shown on any Finco-owned web site, Finco invoice, or other document to which Finco is a party are in United States Dollars (USD) unless otherwise stated.

Governing Law and Jurisdiction: Any dispute arising out of or related to these Terms & Conditions or the sales transaction between Finco and The Customer shall be governed by the laws of the State of Kansas, without regard to its conflicts of law rules. Finco and The Customer consent to the exclusive jurisdiction and the venue of the State Courts of the State of Kansas to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, The Customer also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against Finco that is more than one year after the date of the applicable invoice.

Severability: If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Kansas law.

Waiver: The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.

Entire Agreement: These terms and conditions, together with Finco's invoice respecting the products ordered by The Customer, are the complete and exclusive agreement between Finco and The Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Finco and The Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.