Terms and Conditions

Prices:

All prices are subject to change without notice. Prices charged will be prices in effect at the time order is
placed provided order is placed within 30 days of expected delivery. Prices shown in this catalog are shown as
LIST PRICES. All prices are F.O.B. Silverton, Texas.

Delivery:

Seller reserves the right to make delivery in installments. All such installments shall be separately invoiced and
paid for when due, without regard to subsequent deliveries. Delay in delivery of any installment shall not
relieve buyer of its obligation to accept remaining deliveries. The buyer is also solely responsible for all costs
associated with shipping and handling, including carrier insurance.

Shortages & Returns:

Shortages must be reported within 10 days of receipt and returns will not be accepted after 30 days of date of
invoice. All returns must be preapproved and may be subject to a 20% restocking fee. Orders returned without
pre-approval will be subject to a 50% restocking fee. Items modified or damaged by the customer may not be
returned for credit. Shipping costs will be the responsibility of the buyer except in those instances where the
seller is at fault.

Damaged or Lost Shipments:

Inspect all merchandise while the freight driver is still present, if possible, making a note of any visible
damage or discrepancies. Contact D&K Manufacturing at 1-800-792-1101 immediately and we will file the
claim with the Carrier. Keep all damaged goods, containers and packaging for inspection. Damage or
discrepancies must be noted with the driver. Failure to do this will waive your claim.

Payment:

All credit accounts must be approved by the seller's credit department. Unless otherwise expressly stated in
writing, credit terms are net 10th of the month following the date of invoice. A finance charge of 11/2% per
month which is an annual percentage rate of 18% will be charged on all past due accounts. Seller makes no
agreement with buyer, express or implied, to forebear the collection of any amounts due unless expressly
stated in writing.

Additionally, seller reserves the right to revoke any credit extended to buyer if buyer fails to pay for any
shipments when due if, in seller's opinion, there is a material adverse change in buyer's financial condition,
seller shall have the right to suspend further shipments until receipt of adequate assurance of buyer's ability to
pay. Any account which falls later than 60 days will automatically be considered C.O.D. until re-application
for credit is received in writing and approved by the seller .

. Default:

The failure of the buyer to pay any amount required when due shall constitute a default under this agreement.

Attorney's Fees:

Buyer agrees that, in the event legal action is taken to recover any sums due, there shall be added to the sums
due the reasonable costs of collection, including reasonable attorney's fees.

Law:

This contract shall be governed by and construed according to the laws of the State of Texas.

Effective Date:

This catalog is effective July 1,2009.