TERMS AND CONDITIONS FOR SALES

The undersigned (“Purchaser”) and Guarantors agree that all purchases made by Purchaser from Washington Lamb, Inc. (“Seller”) are subject to the following terms andconditions:
1. All amounts due for goods and services purchased from Seller are payable at the Seller’s distribution facility from which the goods and services are delivered. Purchaser acknowledges that such amounts are not payable in installments, but are payable in full as stated herein.
2. All amounts due Seller are payable in accordance with the payment terms granted by Seller’s credit department from which the goods and services are delivered. If any amount due Seller is not paid in accordance with such payment terms, a delinquency charge shall be added to the sum due, which charge shall equal the amount obtained by multiplying the delinquent balance by the lesser of (a) eighteen percent per annum or (b) the maximum lawful rate permitted to by charged under applicable state law. In the event that any balance is not paid within sixty days of its due date a late fee of fifteen percent shall be added to the balance owed.
3. Purchaser shall pay Seller a fee in amount equal to twenty-five dollars ($25) for all checks returned by Purchaser’s bank.
4. In the event the account is turned over to an attorney or other agency for collection, or suit is brought on same, or the same is collected through a judicial proceedings whatsoever, Purchaser and Guarantors shall pay attorney’s fees of twenty-five percent of the amount due hereunder and court costs incurred by Seller. Purchase and Guarantors further agrees that Purchaser’s obligation to pay such costs and fees, and Seller’s claim for such costs and fees which are incurred by Seller after the date of any judgment obtained by Seller, shall survive the entry of, and shall not be merged into, any such judgment.
5. Purchaser shall notify Seller by certified mail of any change of ownership of Purchaser. Purchaser and Guarantors warrant to Seller that all financial information furnished for the purpose of obtaining credit is true, correct and complete in all material respects, and they authorize Seller to investigate all references furnished pertaining to their credit and financial responsibility.
6. Purchaser and all Guarantors agree that all purchases made from Seller are subject to the terms and conditions set forth in this agreement and that there are no oral terms, conditions, or pricing agreements. Purchaser and Guarantors agree that Seller may negotiate any check tendered and apply the proceeds to the outstanding balance owed without regard to any restrictive endorsement purporting to compromise or settle the outstanding balance, said restrictive endorsement being null and void and of no effect.