PURCHASE ORDER

PURCHASE ORDER
					^{P.O. NUMBER}
					PR Number
					^{P.O. DATE}
					^{P.O. PAGE}	1 of 2

SUPPLIER				SHIP TO:	SANY AMERICA INC. 101 Gardner park Peachtree City, GA 30269 Attn: Scott Taylor
SUPPLIER				SHIP TO:


SUPPLIER NO.:				Bill TO:	SANY AMERICA INC. 100 WORLD DRIVE, SUITE 218 PEACHTREE CITY, GEORGIA 30269
SHIP VIA:
PAYMENT TERMS:
ORDER TYPE :
F.O.B.
SALES TAX
^{ACCT. NO.:#}			^{CONFIRMED TO:}
			^EMAIL:

^LN	^{ITEM NUMBER}	^DESCRIPTION		^U/M	^QTY	^{DUE DATE}	^PRICE	^TOTAL
								$ -
								$ -
								$ -






^{SPECIAL INSTRUCTIONS:}							TOTAL:
$van[23]							MISC./ ADJ:
							TAX 7 %
							FREIGHT
							P.O. TOTAL

^{REQUISITIONER:}			^APPROVALS:
^BUYER:			^APPROVALS:

1. BASIC TERMS: Seller’s commencement of work on the goods/services or shipment of the goods or commencement of services, whichever occurs first, shall be deemed acceptance of Sany America, Inc. offer to purchase contained in this purchase order. Acceptance of this purchase order is limited to the express terms contained herein and in any supplement, specifications or other document specifically referred to herein. Additional or different terms or terms in Seller’s acceptance that vary in degree from the terms of this offer shall be deemed a material alteration of the offer contained herein and are hereby objected to and rejected. This offer shall be deemed accepted by the Seller without such terms unless such terms are in description, quantity, price or delivery schedule of the goods or services, in which case this offer shall be deemed rejected. If this purchase order is deemed an acceptance of a prior offer by Seller, such acceptance is limited to the express terms contained herein and in any supplement, specifications or other document specifically referred to herein. Additional or different terms, or terms that vary to any degree from any+C46 of the terms of this purchase order, are deemed material and are rejected. However, this purchase order shall not operate as a rejection of the Seller’s offer unless it varies the terms of the description, quantity, price or delivery schedule of the goods or services.
2. PRICE AND PAYMENT: Seller agrees that the prices quoted in this purchase order are firm and shall remain firm until deliveries have been completed, unless otherwise agreed in writing by both parties. Seller warrants that the prices quoted hereunder are the lowest prices for which these or similar goods or services are sold by Seller to other purchasers, and in the event of price reduction between execution of this purchase order and the delivery of the goods or services, Sany America Inc. shall be entitled to such reduction. The payment date scheduled from the day the invoice is received by Sany America, Inc. for accepted goods or services performed. Credits due to rejections or discrepancies on paid invoices may be deducted by Sany America, Inc. from subsequent payments.
3. SHIPPING INSTRUCTIONS: Time is of the essence. Seller agrees that goods or services ordered pursuant C46 may be shipped in installments at such times and in such quantities as Sany America, Inc. shall direct. Seller will use all efforts to deliver specified goods or services when directed, including, without limitation, employing workers on an overtime basis and shipping by air freight with Seller bearing the additional expense in the event of a delay caused by the Seller. Seller shall promptly notify Sany America, Inc. if delivery cannot be made as scheduled. Sany America, Inc. may refuse delivery of goods or services made in advance of the scheduled delivery or in excess of the scheduled quantities and may return to Seller or hold such goods or services, as Sany America, Inc. at its discretion may determine at Seller’s expense.
4. WARRANTY: Seller warrants that all goods and/or services delivered hereunder (1) are merchantable and free from defects and workmanship; (2) are fit for the particular purpose intended by Sany America, Inc. as such purpose is known to Seller; and (3) c+A42onform to the applicable specifications, drawings, samples, or other description referenced in this purchase order. Seller has good title to the goods and services and will convey such good title to Sany Americ+C46a, Inc.. Seller agrees to hold Sany America, Inc. harmless from any claim of patent infringement or similar proceedings based on goods and or services sold by Seller hereunder and defend any such claims at its own expense.
5. INSPECTION: Payment for goods shall not constitute acceptance thereof. Sany America, Inc. shall have the right to A42inspect all goods and/or services and to reject any or all goods that are defective or non-conforming. Goods and/or services rejected may be returned to Seller at its expense and Sany America, Inc. may charge Seller all expenses of unpacking, examining, repacking, expense to production, and reshipping such goods and/or services. If Sany America, Inc. received goods and/or services with a defect or non-conformity that is not apparent on examination, Sany America, Inc. may require replacement of such goods and/or services, as well as payment of damages. Nothing contained in this purchase order shall relieve in any way Seller from its obligation of testing, inspection and quality control. Inspection or testing of, or failure to inspect or test, the goods and/or services by Sany America, Inc. shall not affect Seller’s warranty or Sany America, Inc. rights hereunder.
6. CONFIDENTIAL INFORMATION: Without prior written consent of Sany America, Inc., Seller shall neither disclose to any person its employment, nor use for purposes other than performance of this purchase order, any information or equipment received from Sany America, Inc. or developed by Seller at Sany America, Inc. expense pursuant to this purchase order, including, but not limited to, tools, fixtures, drawings, blueprints, descriptions, or specifications. Upon termination or expiration of this purchase order, Seller, at Sany America, Inc. request, shall return to Sany America, Inc. all such material delivered to Seller or produced by Seller at Sany America, Inc. expense.
7. CHANGES: Sany America, Inc. shall have the right to make changes at any time in this purchase order, including, without limitation scheduled delivery times, and Seller agrees to accept such changes. If such changes result in additional costs, Sany America shall make an equitable adjustment in the purchase price, provided such additional costs are itemized in writing by Seller within thirty (30) days of change.
8. TERMINATION: Sany America, Inc. shall have the right to terminate this purchase order at any time for its convenience. In such event, Seller shall immediately stop all deliveries of goods and/or services and observe any instructions from Sany America, Inc. as to the goods and/or services being produced to Sany America, Inc. specifications. Seller shall be paid an equitable adjustment for work already performed with respect to goods and/or services already performed with respect to goods and/or services produced to Sany America, Inc. specifications. Sany America, Inc. may terminate this purchase order for cause in the event of a default or breach by Seller. In such event, Sany America, Inc. shall not be liable to Seller for any amounts, and Seller shall be liable for, and shall hold Sany America, Inc. harmless from, any damages occasioned by Seller’s breach or default. If it should be determined that Sany America, Inc. has improperly terminated this purchase order for default or breach, such termination shall be deemed to be for Sany America’s convenience.
9. GOVERNING LAW: Seller shall comply with all applicable federal, state and local laws, rules and regulations. The agreement arising pursuant to this purchase order shall be governed under the laws of the state of Georgia.
10. FAILURE TO ENFORCE: Failure to enforce remedies for specific breaches of terms and conditions herein shall not operate to waive the right to enforce provisions in the future.