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APC PACKAGING, LLC (Seller)

TERMS & CONDITIONS

1. Acceptance

Seller’s acceptance of Buyer’s purchase order for goods (the “Goods”) is expressly made conditional on Buyer’s acceptance of the following terms and conditions of sale, which are in lieu of any additional or different terms contained in Buyer’s purchase order or other document or communication pertaining to Buyer’s order or the Goods. Buyer’s assent to the terms and conditions contained in this document shall be conclusively presumed from Buyer’s acceptance of all or any part of the Goods, or from payment by Buyer for all or any part of the Goods. None of these terms and conditions may be added to, modified, superseded or otherwise altered, except by a written instrument signed by an authorized executive of Seller. Failure of Seller to object to any terms or conditions which may be contained in any document or form of Buyer shall not be construed as a waiver of these conditions nor as an acceptance of any such terms and conditions.

2. Payment Terms

Unless otherwise indicated on Seller’s Sales Order/Invoice, payment is due in advance. If payment terms are offered, payments not made within thirty (30) days of the due date shall become subject to a late payment charge of 1.5% per month on any amount then past due.

3. Payment Methods Accepted

Stock Goods: Seller accepts all major credit cards, bank wires, ACH and company checks. Custom Goods: Seller accepts only bank wires, ACH and company checks. Buyer authorizes Seller to redeposit any dishonored checks. Buyer agrees to reimburse Seller for any fees imposed on Seller as a result of Buyer’s dishonored check, up to the maximum amount permitted by law.

4. Shipment

Delivery terms are either, F.O.B. Seller’s warehouse, Ft. Lauderdale, FL, or C.F. US Port, as specified on Seller’s Sales Order/Invoice. In either case, Buyer shall assume all risk of loss or damage upon delivery by Seller to the carrier at the point of shipment. Scheduled dates of delivery are determined from the date of Seller’s acceptance of any order(s) placed by Buyer and are estimates of approximate dates of delivery, not a guaranty of a particular date of delivery. Seller shall not be liable for any damages caused by failure or delay in shipping the goods described herein, if such failure or delay is due to any war, embargo, riot, fire, flood, accident, mill condition, strike or other labor difficulty, an act of Buyer, an act of God, an act of a governmental authority, transportation shortage or failure, inability to obtain sufficient fuel, labor, materials or manufacturing facilities, or any other cause beyond the reasonable control of Seller. Courier Charges:  In the event Buyer directs Seller to ship the Goods using Buyer’s third-party courier account, Buyer shall be responsible for any charge-backs to Seller arising from Buyer’s use of its or third-party courier account; and Buyer hereby authorizes Seller to charge Buyer’s credit card on file with Seller for the amount of any such charge-backs.

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