PACUR

CONDITIONS OF SALE

Products sold by Pacur are invoiced subject to price and terms prevailing at time of shipment.  The contract price is subject to adjustment for changes plastic resin or other material costs as may be incurred by Pacur between the date hereof and the date on which such materials are utilized by Pacur in fulfilling this contract.

In addition to the prices specified herein.  Customer shall pay the amount of any present or future tax applicable to the manufacture, sale, delivery, use or other handling of the products sold hereunder.  Compliance with any required laws, such as safety or labeling codes shall be Customer’s sole responsibility.

In the event that payment is not made as provided on the face hereof, Customer agrees to pay the maximum interest rate as permitted by law from the due date plus any cost of collection, including attorney’s fees.  If, in Pacur’s opinion, Customer’s credit becomes unsatisfactory, the terms of payment provided herein may be altered or terminated by Pacur and delivery of products may be suspended pending receipt of cash or satisfactory security.

Delivery to carrier at point of shipment shall constitute delivery to Customer and Customer shall assume all risk for subsequent loss or damage.  Title to the products sold hereunder passes only upon payment in full.  Pacur retains a general lien on products until full payment is received.

All material remaining on hand 30 days after date of availability, or such other date as may be specified, will be billed to Customer, payment for which is to be made in accordance with the terms of this contract, and a service charge for such material continuing to remain on hand may be made by Pacur to Customer.

Pacur warrants that the products sold hereunder will be as described herein and will be of Pacur standard quality, therefore.  Since Pacur cannot control the conditions under which the products sold hereunder may be used or handled and except as herein expressly set forth.  PACUR MAKES NO OTHER WARRANTY, EXPRESSED OR IMPLIED, OR MERCHANTABILITY, FITNESS, OR OTHERWISE, WITH RESPECT TO SUCH PRODUCTS.  Pacur’s responsibility for failure of the products sold hereunder to meet the warranties specified herein will not in any case exceed their invoiced price, or in cases where reworking of the products will, in Pacur’s opinion, correct a defect complained of, to the direct labor, materials and transportation charges invoiced in reworking.  Failure to give written notice of defective products within 60 days from the date of delivery and before the products have been processed shall constitute a waiver by Customer of all claims in respect of such products.

All recommendations, technical advice and assistance furnished by Pacur covering the use of its products are based on past experience and laboratory findings are furnished gratis.  Pacur assumes no obligation for its recommendations, advice or the results obtained.

Pacur shall not be liable for non-performance due wholly or partly to any cause either not wholly or exclusively in its control or which it could not by reasonable diligence have avoided.  Upon the occurrence of any such contingency, Pacur shall have the right to suspend or reduce deliveries during the period of such contingency, and the total quantity deliverable under this contract shall be reduced by the quantities so omitted.

The order is accepted with the understanding that there may be an overrun or underrun of each individual item but not in excess of the following ranges, unless otherwise specified on the face of this acknowledgement/invoice:

On any run under 3,000 lbs…………..+/- 500 lbs

On any run of 3,001 – 5,000 lbs…….+/- 15%

On any run of 5,001 – 20,000 lbs…..+/- 10%

On any run over 20,000 lbs……… …….   overrun…………5% allowed

                                                      ..…..   underrun………10% allowed

Unless specifically acknowledged by Pacur, all products sold on a per pound basis will be billed on a per pound basis, not lot basis.

The writing is intended by both parties as the final expression of their agreement and is intended also as a complete and exclusive statement of the terms and conditions of their agreement which can be modified or rescinded only by a writing signed by both parties.  In cases of any conflict with any other forms of Customer, the agreement shall prevail.

All rights and obligations of the parties hereto shall be governed by the laws of the State of Wisconsin.  Any disputes under this agreement, including breach of performance hereof, shall be settled by arbitration in Wisconsin.