Terms and Conditions of Sale

All references in this document to "Seller" shall include each branch of Lowe Electric Supply Co. whether or not specifically identified herein.

All sales made by Seller are subject to the Terms and conditions of Sale, which shall prevail over any inconsistent terms of Purchaser’s purchase order or other documents. No terms and conditions in any way altering or modifying these provisions shall be binding upon Seller unless they are specifically authorized in writing by Seller's authorized representative. No modification or alteration of these provisions shall result by Seller's shipment of goods following receipt of Purchaser’s purchase order, orother documents containing provisions, terms, or conditions in addition to in conflict with, or inconsistent with these provisions. There are no terms, conditions, understandings, or agreements other than those stated herein, and all prior proposals and negotiations are merged herein.

All copper and aluminum wire prices are based on available stock at time of quotation and subject to prior sale.

Prices in quotations made by Seller are subject to change without notice, and all quotations expire and become invalid if notaccepted within 30 days from the date of issue, unless otherwise noted by Seller in writing. Price extensions when made are for Purchaser's convenience only, and they, as well as any mathematical, stenographic or clerical errors, are not binding on Seller. Prices showndo not include any sales, excise or other governmental tax or charge payable by Sellerto Federal, State or local authority.Any taxes now or hereafter imposed upon sales of shipments will be added to the purchase price. Purchaser agrees to reimburse Seller for any such tax or to provide Seller with an acceptable tax exemption certificate.

Goods not manufactured by Seller are warranted and guaranteed only to the extent and in the manner warranted and guaranteed to Purchaser by the original manufacturer of such goods.

ALL OTHER WARRANTIES ARE EXCLUDED, WHETHER EXPRESSED OR INMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING ALLIMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PUPOSE. SELLER’S LIABILITY HEREUNDER, AND PURCHASER’S EXCLUSIVE REMEDIES HEREUNDER, EITHER IN CONTRACT OR IN TORT OFPURSUANT TO STATUE, FOR BREACH OF WARRANTY OR FOR NEGLIGENCE ARE EXPRESSLY LIMETED TO THE GIVING OF CREDIT OR REPLACEMENT. SELLER MUST BE GIVEN WRITTEN NOTICE INDENTIFYING THE DEFECTIVE GOODS ANDSPECIFYING THE DEFECT WITHIN TEN (10) DAY AFTER RECEIPT OF THE GOODS BY PURCHASER. SELLER MUST ALSO BE GIVEN THE OPPORTUNITY TO INSPECT THE ALLEGEDLY DEFECTIVE GOODS, AND IF REQUESTED BY SELLER, THE ALLEGEEDLY DEFECTIVE GOODS MUST BE RETURNED TO SELLER. FAILURE TO GIVE REQUIRED NOTICE WITHIN THE TIME PROVIDED OR FAILURE TO RETURN ALLEGEDLY DEFECTIVE GOODS TO SELLER FOLLOWING SELLER’SREQUEST CONSTITUTES A WAIVER OF ALL CLAIMS AGAINST SELLER. SELLER’S RESPONSIBILITY TO GIVE CREDIT OR REPLACEMENT IS LIMTED TO THE EXTENT THAT SELLER IS ABLE TO OBTAIN EQUIVALENT CREDIT OR REPLACEMENT FROM THE ORGINAL MANUFACTURER OF SUCH GOODS. PURCHASERAND SELLER AGREE THAT SELLER SHALL NOT BE LIABLE DIRECTLY OR INDIRECTLY FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT IN ANYWAY ARISING FROM THE SALE, HANDLING INSTALLATION, OR USE OF THE GOODS SOLD OR FROM ANY OTHER BREACH OF THIS DOCUMENT, ANY PURCHASE ORDER OR ANY OTHER AGREEMENT BETWEEN PURCHASER AND SELLER.

No credit for goods returned by Purchaser shall be given without Seller's written authorization. All returns are subject to a restocking charge. No claim for shortage of goods or damageto goods shall be allowed unless Purchaser, within 10 days after receipt of shipment gives Seller written notice of the claim for shortage or damage and in such written notice fully describes the shortage and/or damage alleged. Seller's responsibility ceases upon issuance of bill of Lading. Seller shall not be liable to Purchaser for goods, which are damaged or lost while in the possession of a common carrier, and it will be Purchaser's responsibility to recover and alldamage directly from the common carrier.

Any change in quantities or destination may result in a price adjustment by Seller.

Seller assumes no responsibility whatsoever for Seller's interpretation of plans or specifications provide by Purchaser and Purchaser's acceptance must be premised on final approval by architects, engineers, or other third parties, and not on seller's interpretation.

Unless otherwise stated, payment terms are Net 30 days. Payment is due in the form of cash, check, charge card, or money order. Purchaser agrees to paySeller on past due accounts a monthly interest charge equal to the maximum interest charge permitted to be charged by the law governing the account between Purchaser and Seller. The interest rate stated herein shall continue to accrue after seller obtains a judgment against Purchaser. The Seller has the right to exercise setoff or recoupment when needed to satisfy an outstanding debt.

Purchaser certifies that it is solvent and that it will immediately advise Seller if it becomes insolvent. Purchaser agrees to send Seller written notice of any changes in the form of ownership of Purchaser's business within five days of such changes.

Lowe Electric Supply Company P.O. Box 4767 Macon, GA 31208 478-743-8661