1. Orders are subject to approval by TLC’s credit department.

2. Any shipping dates specified herein are estimates only and not guaranteed. TLC shall not be liable for delay or default in delivery for any cause beyond TLC’s control, including, but not limited to, government action, shortage of labor, raw material, production or transportation facilities, labor difficulty, fire, flood or accident.

3. All taxes and excises of any nature whatsoever now or hereinafter levied by government authority upon the sale of any goods covered hereby shall be paid and borne by buyer.

4. Delivery of goods by TLC to carrier shall be deemed delivery to buyer, and thereupon title to such goods, and risk of loss or damage shall be buyer’s.

5. TLC warrants all goods to meet seller’s specification for material and workmanship, which warranty is in lieu of all other warranties (except title) not expressly set forth herein, including, but not limited to, implied warranties of merchantability or fitness for particular purpose.

6. TLC shall not be liable for incidental or consequential loss, damage, or expense, directly or indirectly arising from the sale, handling or use of goods, or from any other cause relating thereto, including, without limitation, personal injury, property damage, or lost profits. TLC’s liability hereunder in any case is expressly limited to the replacement (in the form originally shipped) of goods not complying with this agreement, or, at TLC’s election, to the repayment of, or, crediting buyer with, an amount equal to the purchase price of such goods, whether such claims are based of breach of warranty or negligence. Any claim with reference to goods shall be deemed waived by buyer unless made in writing within 5 days after shipment is received. Buyer acknowledges that the remedies herein constitute its sole and exclusive remedies.

7. Any complaint as to grade or count must be made to the seller immediately, and under no condition will the seller be responsible if the complaint is not made before the material is used in construction or fabrication or its character is changed in any way. All material on which a complaint is made must be fully protected against all conditions that would create or tend to increase the complaint. Claims on grade are subject to SPIB official inspection.

8. TLC reserves the right to require payment for any shipment hereunder in advance or satisfactory security. If the financial responsibility of the buyer becomes unsatisfactory to TLC, If the buyer fails to make payment in accordance with the terms of this agreement or if buyer fails to comply with any provision hereof, TLC may, at its option, (and in addition to other remedies) cancel any unshipped portion of this order. Buyer to remain liable for all unpaid accounts.

9. Buyers purchase of TLC’s products hereunder represents acceptance of TLC’s terms and conditions of sale, which constitute the entire agreement between the parties and supersedes any and all previous or contemporaneous communications, representations, or agreements by either party, whether verbal or written. No terms or conditions in any way adding to, modifying or otherwise altering the provisions stated herein shall bind TLC unless in writing and signed and approved by an officer or other authorized person.

10. All “Customer Pick Up” orders are expected to pick up within 5 working days of notification that the load is ready. TLC reserves the right to ship, at our freight rate, any load that has not picked up within 10 days of notification.

11. Buyer agrees to pay all costs, including reasonable attorney’s fees, incurred by TLC in enforcing its rights under the terms of this contract

12. This agreement shall be governed and construed in accordance with the laws of the state of Georgia.