TERMS AND CONDITIONS OF SALES

PRICE:  All prices quoted are exclusive of taxes and freight charges.  Purchaser shall furnish to FJPsales an appropriate tax exemption certificate, if applicable.

TERMS OF PAYMENT:  All goods are payable COD immediately upon receipt, unless otherwise arranged.  A finance charge of 2% per month, not to exceed the maximum allowable by law, shall be applied each month to past due accounts.  Handling charges of $25 will be assessed for returned checks.  In the event of Purchaser’s default on payment for products purchased hereunder, Purchaser shall be responsible for all reasonable costs and expenses incurred by FJPsales in collection of any sum owing by Purchaser.  Such reasonable costs and expenses of Fjpsales shall include but not be limited to, reasonable attorney’s fees, plus any other costs of such action.  FJPsales shall not be obligated to make any further deliveries to Purchaser.

DELIVERY:  Shipment of all products shall be FOB-FJPsales.  In the event of carrier’s damage, loss or misdelivery of product, it shall be the responsibility to deal with the carrier.  In the absence of specific shipping instructions, FJPsales will select the method and carrier to deems best.  Delivery schedules are approximate only.  FJPsales will make reasonable effort to deliver on time; however, FJPsales shall not be liable for late or lost shipments.

TITLE:  Title and risk of loss or damage to product shall pass to Purchaser upon delivery to carrier or Purchaser or Purchaser’s agent at FOB point.  The above not withstanding, Purchaser agrees that FJPsales shall retain a purchase money security interest in all products sold to Purchaser, and to all products now or hereafter acquired by Purchaser (“the collateral”) and to any proceeds from the disposition of said products until the purchase price and other charges due FJPsales have been paid in full.  Upon any default by Purchaser hereunder, FJPsales shall have all right and remedies of a secured party under the Uniform Commercial Code, which rights shall be cumulative.

CHANGES AND CANCELLATION:  Orders accepted by FJPsales are not subject to change or cancellation by Purchaser except with FJPsales verbal and written consent and upon payment of an appropriate charge to cover the cost of loss incurred by FJPsales which, unless otherwise agreed in writing, shall not be less than fifteen percent (15%) of the price of goods subject to change or cancellation.

LIMITATION OF LIABILITY:  In no event shall FJPsales be liable for any loss of use, revenue, or anticipatory profit for any direct, indirect or consequential damages arising out of or connected with the sale, use or operation of goods sold.

APPLICABLE LAW:  The rights and obligations of the parties under this agreement shall be governed by the laws of the state where the FJPsales office responsible for the sale is located.