Terms & Conditions of Sale (Please review carefully and sign on front of Invoice)

  1. In consideration of Indiana Floor, Inc. (hereinafter “Indiana") extending credit, and/or supplying goods and services, as set forth, in this invoice. Customer agrees to pay for all items delivered to or at the request of Customer by Indiana within 30 days from the date of this invoice for such items. All accounts are due and payable at the remittance address shown on this invoice. Customer agrees that each of the Terms and Conditions of Sale shall be a term of each sale from Indiana to Customer. Customer (the "debtor") hereby grants to Indiana (the "secured party") a Security Interest in all items sold to Customer and described on the reverse side of this invoice (the "collateral',) pursuant to Titles 8.2-401 and the Uniform Commercial Code-Secured Transactions (*8.9A-101et.seq. of the 1950 Code of Virginia, as amended), and authorizes Indiana to execute and file such Financing, Continuation etc. Statements as are necessary or as Indiana deems appropriate to perfect such Security Interest. Upon customer's default herein, Indiana shall have all rights and remedies customarily available to a secured patty as set forth therein.

  2. Customer agrees to make payment in accordance with terms and conditions as stated in the Credit Application and this agreement. Customer also agrees to payments in accord with terms stated on invoices, statements, price lists, and contracts, and further agrees to pay a monthly service charge of 1-1/2% per month 18% per annum) which will be added on all balance not paid in full on the 31st day after the original invoice payment date. Said service charges shall be cumulative and shall continue to accrue for as long as Customer maintains an unpaid balance with Indiana. Waiver by Indiana of anyone or more service charge(s) shall not be deemed a waiver of future service charges. Cash discounts are allowed only if paid as stated on this invoice presented to the Customer. If Customer fails to comply with this agreement or the Customer's status becomes unsatisfactory in Indiana's discretion, Indiana reserves the right to terminate or restrict any and all orders upon notice to the Customer.

  3. Customer shall be in default if it fails to pay this or any invoice or statement pursuant to its terms or if it otherwise violates the terms and conditions set forth herein. In the event of such default, Customer expressly agrees to pay all costs of collection of the balance due upon said invoice, statement, or account, including attorney's fees of 33-113% percent of the balance due to Indiana. Such attorney's fee shall be due to Indiana from Customer commencing at the time of referral by Indiana to its attorneys, whether or not any action or suit is brought... 0082 T0 W01AH CUT-1000 12810T" TO AYHLEHOOA

  4. Customer agrees that jurisdiction for all actions or suits for breach of these terms and conditions or for Customer's breach or failure to make timely payment may be instituted or maintained in Fairfax County, Virginia or, if appropriate, in the U.S. District Court for the Eastern District of Virginia. Customer further waives the benefits, if any of any statutes or rules of court permitting a change of venue, removal, dismissal or consolidation which would have the effect of adjudicating any dispute under these Terms and Conditions, or pursuant to any action or suit to recover the balance of Customer's account, in any court other than that selected by Indiana and its counsel. Additionally, in connection with any action or suit brought for breach of these terms and conditions or for Customer's breach or failure to make timely payment, the Customer hereby expressly waives its right to trial by jury.

  5. These Terms and Conditions of Sale and the terms and conditions set forth on the Credit Application represent the entire agreement of the parties who expressly agree to he bound by said terms and conditions. No modification, addition to, or waiver of any of the terms and conditions set forth herein, or those set forth in this invoice shall be effective unless agreed to in writing by Indiana.

  6. Customer disputes or claims must be sent to Indiana Floor, Inc., 8194 K & L Terminal Road, Lorton, VA 22079 or by fax at (703) 550-9380 within 60 days after delivery or they will be deemed to be untimely, and the Customer shall be deemed to have waived any right to dispute such charges if no claim is submitted within 60 days after the date of this invoice. Implied acceptance of 'full payment", "final payment", "payment in full”, or similar language, on accepted instruments is prohibited and shall be deemed to be of no force or effect. Requests to return items and/or cancellations must be made within 60 days of invoice date and are subject to all restrictions and further terms and conditions set forth on the Customer price lists, and are further subject to applicable return and restocking charges stated therein. SPECIAL ORDERS AND DISCONTINUED MERCHANDISE MAY NOT BE RETURNED.

  7. All items, goods, and merchandise sold by Indiana shall be warranted and guaranteed only to the extent and in the manner warranted and guaranteed by the original manufacturer of such items, goods, and merchandise. ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND USAGE OF TRADE, AND THE IMPLIED WARRANTY OF FITNESS FOR PARTICULAR PURPOSE ARE HEREBY EXCLUDED AND DISCLAIMED, THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF.

  8. Indiana shall not be liable for delay or non-delivery occasioned by any reason or cause which is beyond Indiana's reasonable control. Indiana's liability, in any event, shall be limited to direct compensatory damages and all incidental, consequential and speculative damages. Including loss of proms or market share, shall be excluded.

  9. Any waiver of one or more of the above terms and conditions by Indiana shall not be deemed to be a waiver of any such term or condition in the future.

  10. By signing on the reverse side, Customer agrees and accepts all Terms and Conditions of Sale set forth above.