Terms and Conditions of Sale for Harvest Tec LLC Products and Services

This document sets forth the Terms & Conditions of Sale for goods manufactured and/or supplied, and services provided, by Harvest Tec LLC of 2821 Harvey Street,  Hudson, WI  54016 (“Harvest Tec”) and sold to the original purchaser or original end user (“Buyer”). Unless otherwise specifically stated herein, the term “Harvest Tec” includes only Harvest Tec LLC and none of its affiliates. Unless otherwise specifically stated in a previously-executed written purchase agreement signed by authorized representatives of Harvest Tec and Buyer, these Terms & Conditions of Sale establish the rights, obligations and remedies of Harvest Tec and Buyer which apply to this offer and any resulting order or contract for the sale of Harvest Tec’s goods and/or services (“Products”).

APPLICABLE TERMS and CONDITIONS:
These Terms & Conditions of Sale are contained directly and/or by reference in Harvest Tec’s offer, order acknowledgment, and invoice documents. The first of the following acts constitutes an acceptance of Harvest Tec’s offer and not a counteroffer and creates a contract of sale (“Contract”) in accordance with these Terms & Conditions: (i) Buyer’s issuance of a purchase order document against Harvest Tec’s quote and/or offer ; (ii) acknowledgement of Buyer’s order by Harvest Tec; or (iii) commencement of any performance by Harvest Tec pursuant to Buyer’s order. Provisions contained in Buyer’s purchase documents (including electronic commerce interfaces) that materially alter, add to or subtract from the provisions of these Terms & Conditions of Sale are not a part of the Contract.

CANCELLATION:
Buyer may cancel goods orders subject to fair charges for Harvest Tec’s expenses including handling, inspection, restocking, freight and invoicing charges as applicable, provided that Buyer returns such goods to Harvest Tec at Buyer’s expense within thirty (30) days of delivery and in the same condition as received. Buyer may cancel service orders on ninety (90) day’s prior written notice and refunds will be prorated based on the duration of the service plan. Inspections and reinstatement fees may apply upon cancellation or expiration of service programs. Seller may cancel all or part of any order prior to delivery without liability if the order includes any Products that Seller determines may not comply with export, safety, local certification, or other applicable compliance requirements.

DELIVERY:
Delivery will be accomplished EXW Harvest Tec facility in Hudson, Wisconsin, or other agreed place of delivery located in the United States (Incoterms 2020). Legal title and risk of loss or damage pass to Buyer upon transfer to the first carrier, and thereafter all risk for the goods passes to Buyer. Harvest Tec will use commercially reasonable efforts to deliver the Products ordered herein within the time specified on the face of this Contract or, if no time is specified, within Harvest Tec’s normal lead-time necessary for Harvest Tec to deliver the Products sold hereunder. Upon prior agreement with Buyer and for an additional charge, Harvest Tec will deliver the Products on an expedited basis. Standard service delivery hours are 8 am – 5 pm Monday through Friday, excluding holidays.

INSPECTION:
Buyer will promptly inspect and accept any Products delivered pursuant to this Contract after receipt of such Products. In the event the Products do not conform to any applicable specifications, Buyer will promptly notify Harvest Tec of such nonconformance in writing. Harvest Tec will have a reasonable opportunity to repair or replace the nonconforming product at its option. Buyer will be deemed to have accepted any Products delivered hereunder and to have waived any such nonconformance in the event such a written notification is not received by Harvest Tec within fifteen (15) days of delivery.

PRICES and ORDER SIZES:
All prices are in U.S. dollars and are based on delivery as stated above. Prices do not include any charges for services such as insurance; brokerage fees; sales, use, inventory or excise taxes; import or export duties; special financing fees; VAT, income or royalty taxes imposed outside the U.S.; consular fees; special permits or licenses; or other charges imposed upon the production, sale, distribution, or delivery of Products. Buyer will either pay any and all such charges or provide Harvest Tec with acceptable exemption certificates, which obligation survives performance under this Contract. Harvest Tec reserves the right to establish minimum order sizes and will advise Buyer accordingly.  In the event of resale of any Products by Buyer, Harvest Tec's current Minimum Advertised Pricing Policy shall apply to such goods.  MAP Policy is available at www.harvesttec.com/MAP [need to upload MAP doc and insert hyperlink to policy].

PAYMENTS:
All payments must be made in U.S. dollars. For Internet orders, the purchase price is due at the time and

Harvest Tec LLC - Minimum Advertised Price ("MAP") Policy 

Harvest Tec LLC - Minimum Advertised Price ("MAP") Policy Effective January 1, 2025, the below Minimum Advertised Price (MAP) Policy for all Harvest Tec products will be in effect. We have implemented this MAP Policy to preserve our strong reputation of providing customers with high-value products.  Harvest Tec actively supports the advertising and promotion of its products by its domestic distributors and sales representatives through advertising materials designed to promote and enhance Harvest Tec's brand. To support those efforts, Harvest Tec, in its unilateral discretion, will not do business with any reseller, as to the products covered by this MAP Policy, if that reseller intentionally advertises any Harvest Tec product in violation of this MAP Policy.  Harvest Tec is confident that this MAP Policy will strengthen the competitiveness of its product offerings and benefit all of its resellers. Official MAP Policy and Guidelines:

1. The MAP for all Harvest Tec products shall be equal to the published list price (MSRP) provided in the Harvest Tec price sheet. MAP pricing is established by Harvest Tec and may be adjusted by Harvest Tec at its sole discretion.

2. The MAP Policy applies to all advertisements of Harvest Tec products in any and all media, including, but not limited to, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, email newsletters, email solicitations, Internet website or similar electronic media, television, radio, and public signage. The MAP Policy is not applicable to any in-store displays.

3. The inclusion in advertising of offers for free or discounted products (whether made by Harvest Tec or another manufacturer) with a product covered by the MAP Policy would be contrary to the policy if it has the effect of discounting the advertised price of the covered product below the MAP.

4. If pricing is displayed in any advertising, any strike-through or other alteration of the pricing to suggest that products covered by this MAP Policy are available for less than the MAP established by this policy that is a violation of this policy.

5. The MAP Policy applies only to advertised prices and does not apply to the price at which the products are actually sold or offered for sale to an individual consumer within the distributor’s retail location or over the telephone. Harvest Tec distributors and sales representatives remain free to sell these products at any prices they choose.

6. The MAP Policy does not establish maximum advertised prices. All distributors and sales representatives may offer Harvest Tec products at any price in excess of the MAP.  

7. Internet auctions that have a reserved bid or other acceptable prices below the MAP price are not in compliance with this policy.

8. Pricing listed on an internet site is considered an “advertised price” and must adhere to this MAP Policy. Once the pricing is associated with an intent to purchase (added to shopping cart or order), the price becomes the selling price and is not bound by this MAP Policy.  Statements such as “add to basket to see price”, “we will match any price”, “call for price” or phrases of similar import are acceptable as long as the price advertised or listed for the products is not less than the MSRP.  In addition, discounts applied at checkout to the entire order based on a customer’s purchasing history with the reseller, such as discounts for “frequent shoppers”, do not violate this MAP Policy.

9. Compliance with Harvest Tec’s MAP Policy does not in any way limit the ability of any distributor to advertise that “they have the lowest prices” or, they “will meet or beat any competitors price”, that consumers should “call for a price” or phrases of similar import as long as the price advertised or listed for the products is not less than MAP.

10. Intentional failure to abide by this policy will result in termination of distributorships or sales representatives. Harvest Tec does not intend to do business with distributors or sales representatives who degrade the image of Harvest Tec and its products. Harvest Tec may provide a written warning, but is not required to provide prior notice or issue warnings before taking any action under this policy. This MAP policy has been established unilaterally by Harvest Tec LLC, through no agreement with any other party, to help ensure the legacy of Harvest Tec as a top producer of high performance, high quality products and to protect the reputation of its name and products.  

Harvest Tec LLC – Conflict Minerals  

Harvest Tec LLC – Conflict Minerals “Conflict Minerals” refers to certain minerals and their derivatives, some of which are mined in the Democratic Republic of the Congo (“DRC”) and in the adjoining countries (“DRC Region”) where revenues generated by their sale may be directly or indirectly financing armed groups engaged in civil war resulting in serious human rights and environmental abuses. In July 2010, the United States Congress passed the Dodd-Frank Financial Reform Bill. Section 1502 of this bill requires all U.S. publicly traded companies and their suppliers to disclose their use and sources of Conflict Minerals.

Harvest Tec Corporation fully supports efforts to eliminate the use of Conflict Minerals from improper sources that could support human rights abuses in the DRC Region and is routinely engaged in the process of obtaining information from its metal suppliers concerning the origin of the metals that are used to manufacture Harvest Tecs’ products. Harvest Tec Corporation does not directly source Conflict Minerals from mines or smelters but uses refined metals in the manufacture of some of its products. Therefore, it relies on the information provided by its suppliers regarding their sourcing of metals. Harvest Tec expects its suppliers to source materials from socially responsible suppliers and that all of its suppliers will comply with the Dodd-Frank requirements and provide all necessary declarations and supporting information. Suppliers must pass these requirements through to their supply chain if they do not source directly from mines or smelters and determine the source of the Conflict Minerals used in the product Harvest Tec Corporation purchases. We will assess future business with suppliers who are not cooperative with the conflict-free sourcing initiative and not compliant with this Policy.  

Harvest Tec Corporation will continue to regularly survey its suppliers to verify compliance with this Policy.

Harvest Tec Corporation is committed to ethical practices and compliance with applicable laws and regulations wherever it does business. 

Harvest Tec LLC – Privacy and Compliance Policy  

Privacy Policy  

At Harvest Tec, we value the trust you place in us and take great care to protect the information you share with us. The policies and procedures we follow are strict. We strive to safeguard all information in order to protect your right to privacy. We continually review our policies and practices aimed at maintaining the security and confidentiality of personal information.  

Types of information we collect

We collect only necessary information to consistently deliver responsive, high-quality service and to fulfill legal and regulatory requirements. The sources and types of information collected may include demographic, payroll, and banking data, Social Security number or other identification, email address and any additional information needed to process transactions, respond to inquiries, and fulfill administrative services requirements. Failure to provide requested information may limit access to the services we can provide.  

Protecting the confidentiality and security of participant information  

We have adopted and adhere to stringent security standards designed to protect non-public personal information against accidental or unauthorized access or disclosure. We maintain physical, electronic, and procedural safeguards to secure the information and comply with federal standards.  

Parties to whom we disclose information  

Access to customer information is strictly limited. We do not disclose any personal information obtained in the course of our relationship unless required or permitted by law, or if necessary to fulfill our contracted administrative services. Permitted disclosures include but are not limited to providing information to our employees who need to know the information in order to perform administrative services, and in limited situations, to unrelated third parties as permitted or required by law, for example, to protect against fraud, to protect the confidentiality or security of our business records, or to comply with applicable legal requirements. In all such situations, we stress the confidential nature of the information being shared and require the third party to receive the information to keep it confidential. Information will not be distributed or shared for marketing purposes or for any other purpose outside the scope of our business requirements.

Collecting and using non-personally identifiable information  

When you visit our website, we collect certain information about you to help us analyze and improve the usefulness of the information we provide on this website. The information we collect does not identify you personally. It’s anonymous “usage data”, such as the number of unique visitors we receive, what pages are visited most often and the navigation preferences and characteristics of our visitors. 

Harvest Tec LLC – Warranty Statement  

Harvest Tec LLC – Warranty Statement Harvest Tec, LLC. will repair or replace components that are found to be defective within 12 months from the date of manufacture.  Under no circumstances does this warranty cover any components which in the opinion of Harvest Tec, LLC. have been subjected to negligent use, misuse, alteration, accident, or if repairs have been made with parts other than those manufactured and obtainable from Harvest Tec, LLC.  

Our obligation under this warranty is limited to repairing or replacing free of charge to the original purchaser any part that in our judgment shows evidence of defective or improper workmanship, provided the part is returned to Harvest Tec, LLC. within 30 days of the failure.  If it is determined that a non-Harvest Tec manufactured product has been used inside the Harvest Tec applicator system where the failure occurred, then Harvest Tec reserves the right to deny the warranty request at their discretion. Parts must be returned through the selling dealer and distributor, transportation charges prepaid.  

This warranty shall not be interpreted to render Harvest Tec, LLC. liable for injury or damages of any kind, direct, consequential, or contingent, to persons or property.  Furthermore, this warranty does not extend to loss of crop, losses caused by delays or any expense prospective profits or for any other reason.  Harvest Tec, LLC. shall not be liable for any recovery greater in amount than the cost or repair of defects in workmanship.  

There are no warranties, either expressed or implied, of merchantability or fitness for particular purpose intended or fitness for any other reason.  

This warranty cannot guarantee that existing conditions beyond the control of Harvest Tec, LLC. will not affect our ability to obtain materials or manufacture necessary replacement parts.  

Harvest Tec, LLC. reserves the right to make design changes, improve design, or change specifications, at any time without any contingent obligation to purchasers of machines and parts previously sold.