1. Price

  The prices quoted herein are subject to change without notice and may unless otherwise specified

  on the face of this agreement be adjusted to Seller's prices in effect on the date of each shipment

  made pursuant to any purchase order of Buyer for the products listed herein. Orders given to or

  accepted by Seller's salesmen or agents are subject to approval and acceptance at Seller's place of

  business. Seller's prices do not include sales use excise or similar taxes. Consequently, in addition to

  the price specified herein the amount of any present or future sales use excise or other similar tax

  applicable to the sale of the merchandise shall be paid by the customer or in lieu thereof the

  customer shall provide Seller with a tax exemption certificate acceptable to the taxing authorities.

  2. Payments

  Unless otherwise agreed, all orders are for cash or will be shipped C.O.D. Each shipment shall be

  considered a separate and independent transaction and payment therefore shall be made

  accordingly. Where credit has been approved, the terms are net 10th Prox. unless otherwise

  specified. Invoices will be dated day of shipment. Seller reserves the privilege whenever in it

  opinion any reasonable doubt as to Buyer's responsibility exists to suspend or alter credit terms

  previously quoted to require payment before shipment or delivery or before manufacture in the

  case of merchandise to be made to special order, and in any such event. Seller shall not be liable for

  non-performance of this agreement in whole or in part.

  3. Delivery

  Shipping dates are approximate and are based upon the prompt receipt of all necessary

  information. Seller shall not be liable to customer for losses or damages arising out of Seller's delay

  in or failure to perform under this agreement, if such delay or failure is the result of strikes, riots,

  fire, flood, act of God, or other circumstances beyond Seller's control.

  4. Shipment

  All prices are quoted F.O.B. at Seller's place of business. The RISK OF LOSS passes to the customer

  upon due delivery to the carrier at F.O.B. point , and all shipping and delivery expenses beyond

  the F.O.B. point shall be borne by the customer. In the absence of of shipping instructions, it is

  understood and agreed that Seller is authorized to ship goods to the customer's address, but this

  requirement does not impose upon Seller the duty to make delivery to customer at that point.

  Seller shall deliver the merchandise to a carrier for transportation to customer at customer's

  address under a proper contract, obtain and promptly tender to customer any document(s)

  necessary to enable the customer to obtain possession of the merchandise, and give customer

  prompt notice of shipment. Seller may forward small packages by express or parcel post, with the

  proviso that parcel post shipments will be insured at customer's expense value to be stated at

  selling price.

  5. Returns

  A claim by customer for alleged non-conforming merchandise is waived unless made in writing and

  received by Seller within 15 days of date of sale. CUSTOMER MUST RECEIVE SELLER'S

  WRITTEN APPROVAL TO RETURN CONFORMING MERCHANDISE. A 15% restocking

  charge may be made on all merchandise returned, for any reason, 30 days or more from date of

  sale. Date of return shall be the date actually received by the Seller.

  6. Patents

  With respect to all merchandise sold in accordance with customer's designs, blueprints, drawings,

  samples, or specifications, customer shall indemnify, pay for, and save Seller harmless from any

  and all expenses, injury, or losses arising out of claims of patent infringement because of the

  manufacture, use, or sale of any such merchandise.

  7. Technical Advice

  Any technical advise furnished or recommendation made by Seller or any representative of seller

  concerning any use or application of any merchandise furnished under this agreement is believed to

  be reliable but Seller makes no warranty, express or implied, including the warranty of

  merchantability or fitness for a particular purpose of the results to be obtained. Customer assumes

  all responsibility for loss or damage resulting from the handling or use of any such merchandise.

  8. Security Interest

  Customer hereby grants seller a security interest in the merchandise sold hereunder, said security

  interest to remain in existence until all payments, including deferred payments, whether evidenced

  by notes or otherwise, shall have been made in full, in cash, and customer agrees to do all acts

  necessary to perfect and maintain such security interest in seller. During the existence of the

  aforesaid security interest customer warrants and represents that the merchandise will remain

  personal property.

  9. Warranty

  CUSTOMER ACKNOWLEDGES THAT SELLER HAS MADE NO WARRANTIES

  RESPECTING THE MERCHANDISE SOLD HEREUNDER, WHETHER EXPRESS OR

  IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND

  FITNESS FOR A PARTICULAR PURPOSE, AS BETWEEN SELLER AND CUSTOMER,

  CUSTOMER PURCHASES THE MERCHANDISE "As Is" AND "WITH ALL FAULTS." Some of

  the merchandise purchased by customers from Seller has been, or will be, manufactured by a third

  party. To the extent allowed by the law, SELLER SHALL NOT BE LIABLE TO CUSTOMER

  FOR INCIDENTAL AND CONSEQUENTIAL DAMAGES SUFFERED BY CUSTOMER FROM

  ANY REASON WHATSOEVER.

  10. MUTUAL UNDERSTANDING

  The foregoing terms and conditions shall constitute the entire agreement of the parties with

  respect to the order, receipt of which is hereby acknowledged, except that in the event that such

  order applies to a government prime or subcontract, the contract resulting from the acceptance of

  customer's order shall be deemed to contain those provisions which are required by law to be

  incorporated in such government contracts. No waiver, alteration, or modification of the terms

  and conditions herein shall be valid unless signed by the parties hereto, provided that customer's

  acceptance of delivery of any shipment of merchandise covered by this agreement shall constitute

  an acceptance in full of these terms and conditions. If, on account of breach by customer of any of

  customer's obligations hereunder, it shall become necessary for the Seller to employ an attorney to

  enforce or defend any of its rights or remedies hereunder, then in such event any reasonable

  amount incurred by Seller as attorney's fees shall be paid by customer. Interest on all amounts past

  due will accrue at the rate of 10% per annum. This agreement shall be construed as being made in

  Dallas County, Texas, and the rights and duties of the parties hereto shall be determined in

  accordance with the laws of the State of Texas. No waiver by the parties hereto of any breach or

  default of any term or condition of this agreement shall be deemed to be a waiver of any other

  breach or default of the same or any other term or condition contained herein. If any provision of

  this agreement is declared void, illegal, or unenforceable by a court of competent jurisdiction, the

  other provisions shall remain in full force and effect, and the provision held to be void, illegal, or

  unenforceable shall be limited so that it shall remain in effect to the extent permissible by law.