ADDITIONAL TERMS AND CONDITIONS OF PURCHASE

1. CUSTOMER. Customer is the person or entity shown on the face of this Invoice as the “Customer.” No other person or entity may claim any rights under this Invoice either through contract or as a third-party beneficiary thereto.
   
   
2. BINDING AGREEMENT. Customer shall be bound by the terms of this Invoice whether or not signed by Customer unless Customer objects in writing specifying a term or terms involved. The failure of the Customer to object to the terms of the Invoice including but not limited to the identification of the materials shown on the face of hereof, the unit pricing, the quantity or the total due, within ten (10) days after the invoice date shall be conclusively deemed to constitute acceptance by Customer of such terms. In addition to the foregoing, in the event Customer receives this invoice prior to receipt of the materials, Customer shall be required to immediately notify Lewis Brass of any dispute or discrepancy in the identification of the materials shown on the face hereof, the unit price, the quantity or the total due. The acceptance by Customer of the materials without such prior notification to Lewis Brass of the dispute or discrepancy shall be considered a waiver by Customer of its claim and Customer shall be deemed to have accepted the material sin accordance with the terms of this invoice. The order covered by this invoice may not be cancelled by Customer unless Lewis Brass consents thereto in writing.  
   
   
3. PAYMENT. Payment is due upon receipt of this invoice unless other payment terms are specifically indicated. A finance charge at the rate of one and one-half (1 ½%) percent per month (or the highest rate permitted by law, if lower) of the invoice balance will be charged if payment is not received within thirty (30) days from the due date. In the event Customer intends to resell the materials, it is agreed that payment to Lewis Brass shall not be dependent upon receipt of payment by Customer from its buyer. 
   
   
4. DELIVERY. Subject to the terms of this Invoice, Lewis Brass will use its efforts to deliver the materials in an orderly and business like fashion following its receipt of the same from suppliers, etc. Unless otherwise specified on the tendered by Lewis Brass. In those instances when Lewis Brass does not have the materials in stock it will schedule a delivery date following its receipt of the materials and Customer agrees to accept the delivery of the materials when tendered by Lewis Brass. In the event Customer requests a postponement of the delivery, Lewis Brass, at its option may (a) require Customer to pay the balance due on the originally specified payment date or (b) utilize the materials for other customers or other purposes. In the event Customer pays the balance due as set forth in (a) above, Lewis Brass agrees to hold the materials for Customer for a period not exceeding thirty (30) days. In the event Customer does not pay the balance due as required; does not accept delivery of the materials within the thirty (30) day period after having paid for same; or Lewis Brass elects to use the materials as set forth in (b) above, then in any of those events, Lewis Brass, at its option, may refund to Customer any monies previously paid for the materials or reorder the material for the Customer. Said reorder will be subject to availability and pricing schedules then in effect. Provided, however, that nothing is set forth above shall relieve Customer of the obligation to pay for the materials as specified in this Invoice. Any postponement of the delivery dated specified by Lewis Brass at the request of Customer is an accommodation by Lewis Brass and does not relieve Customer of its obligations hereunder. The delivery date specified by Lewis Brass may be changed by it in accordance with the other provisions of this Invoice. Notification of a change in the delivery date shall be given to Customer orally or in writing. Time of delivery is not o the essence unless specifically set forth on face of this Invoice.