TERMS AND CONDITIONS OF SALE

No claim of any kind, whether as to products delivered or for non-delivery of products, and whether or not based on negligence, shall be greater in amount that the purchase price of the products in respect of which damages are claimed; and failure to give written notice of claim within ninety (90) days from date of delivery, or the date fixed for delivery (in the case of non-delivery), shall constitute a waiver by Buyer of all claims in respect of such products. No charge or expense incident to any claims will be allowed unless approved by an authorized representative of Seller. Products shall not be returned to Seller without Seller's prior permission, and then only in the manner prescribed by the Seller. The remedy hereby provided shall be the exclusive and sole remedy of Buyer. In no event shall either party be liable for special, indirect or consequential damages, whether or not caused by or resulting from the negligence of such party.

No liability shall result from delay in performance or nonperformance, directly or indirectly caused by circumstances beyond the control of the party affected, including, but not limited to, Act of God, fire, explosion, flood, war, act of or authorized by any Government, accident, labor trouble or shortage, inability to obtain material, equipment or transportation failure of usual source of supply, or failure of usual transportation mode. Quantities so affected may be eliminated from the agreement without liability, but the agreement shall remain otherwise unaffected. Seller shall have no obligation to purchase supplies of the products specified herein to enable it to perform this agreement.

We expect our customers to adhere to our terms, and therefore have the right to hold any order until satisfactory arrangements for methods of payment have been obtained. In the event Buyer fails to fulfill Seller's terms of payment or in case Seller shall have any doubt at any time as the Buyer's financial responsibility, Seller may decline to make further deliveries except upon receipt of cash or satisfactory security. If any bills remain unpaid after 30 days from invoice date, customer agrees to pay interest rate of 1½% per month, and if referred to attorney for collection, customer agrees to pay extra 33% of principle balance for attorney's fees. Any dispute arising under this account or under any order placed for this account shall be resolved in the Supreme Court, County of Suffolk, State of New York and the Customer and Guarantor(s) hereby consent to the in personam jurisdiction of said court for the purpose of resolving any such dispute.

This document, along with documents specifically referred to herein, contains all the terms and conditions with respect to the sale and purchase of the products sold hereunder. These terms and conditions supersede any of previous date and no modification thereof shall be binding on either party unless in writing and signed by both parties. No modification shall be effected by the acknowledgement or acceptance of purchase order forms stipulating different conditions. Unless Buyer shall notify Seller in writing to the contrary as soon as practicable after receipt of this document by Buyer, the Buyer's acceptance of the products or payment therefore shall be equivalent to Buyer's assent to the terms and conditions hereof.