In the event warehouse1 has extended credit to Buyer/Owner for the purchase of the materials reflected in this agreement, then Buyer hereby grants to warehouse1 a security interest in and to the goods and materials sold and transferred to Buyer/Owner under this agreement, to secure payment of the original purchase price of such materials. Material and/or Installation quotes by warehouse1 shall be per the drawings and specifications provided to warehouse1 by the Buyer/Owner. All necessary architectural and engineering fees, impact fees, construction permits, licenses and fees, any other fees, as well as all taxes imposed on warehouse1 and other taxes are the responsibility of the Buyer/Owner. warehouse1 may provide a layout or design of materials to be installed at the Buyer/Owner’s request. The Buyer/Owner (or the architect and/or engineer retained by the Buyer/Owner) is responsible for verification of the layout or design’s compliance with all local, state and federal laws, codes, ordinances, rules and regulations bearing on the layout or design of the project. It will be the responsibility of the Buyer/Owner (or the architect and/or engineer retained by the Buyer/Owner) to check all applicable codes pertaining to the project, to modify the design accordingly, and to ensure that the final product meets code. The Buyer/Owner (or the architect and/or engineer retained by the Buyer/Owner) shall be responsible for the accuracy and verification of building and product dimensions, including the locations of conveyors, sprinkler systems, lighting, heating units, etc. warehouse1 agrees to provide and pay for all labor and tools required for the timely completion of the work. warehouse1 shall be responsible for proper unloading and storage of product on the site unless otherwise noted. The Buyer/Owner will provide equipment necessary to properly unload and install product and an area sufficient to and in adequate condition to allow for proper storage and security of product unless otherwise noted. All changes and deviations in the work or material ordered by the Buyer/Owner must be in writing, the contract sum will be increased or decreased accordingly by warehouse1. Any claims for increases in the cost of the work or material will be presented by warehouse1 to the Buyer/Owner in writing, and written approval of the Buyer/Owner shall be obtained by warehouse1 before proceeding with the ordered change or revision. Any delays in the time schedule of the project due to changes to material or work ordered shall be the responsibility of the Buyer/Owner. In the event warehouse1 is delayed in the prosecution of the work by acts of God, fire, flood or any other unavoidable casualties; or by labor strikes, late delivery of materials; or by neglect of the Buyer/Owner; the time for completion of the work shall be extended for the same period as the delay occasioned by any of the aforementioned causes and a lost time per day charge shall be billed to the Buyer/Owner at a predetermined rate. Neither the Buyer/Owner nor warehouse1 shall have the right to assign any rights or interest occurring under this agreement without the written consent of the other, nor shall warehouse1 assign any sums due, or to become due, to them under the provisions of this agreement. Payment terms are net upon receipt unless credit is arranged prior to shipment. Credit terms are Net 10 days unless otherwise noted on the invoice. In order to establish credit line, Buyer authorizes warehouse1 to check information submitted as well as all other sources available and to answer questions about Buyer’s credit experience. Service charges of 1.5% per month or maximum allowed by current law shall be added on amounts in excess of terms. The Buyer/Owner shall, at the request of warehouse1, promptly furnish reasonable evidence that financial arrangements have been made to fulfill the Buyer/Owner’s obligations under the Contract. warehouse1 reserves the right at any time to revoke any credit extended to Buyer/Owner because of Buyer/Owner’s failure to pay for any goods when due or for any other reason deemed good and sufficient by warehouse1 and in such event to insist upon immediate payment of any outstanding invoices and payment prior to shipment of any remaining merchandise. Orders are not subject to cancellation, except with warehouse1 consent, and upon terms that will indemnify warehouse1 against all loss. Material shipped as ordered cannot be returned unless authorized by warehouse 1 in writing. If return is so authorized, the merchandise must be returned freight prepaid. A 25% restocking charge will apply to any warehouse1 stock merchandise that is returned. All applicable manufacturer’s restocking charges incurred by warehouse1 for non-stock merchandise will be billed to the Buyer/Owner. Clerical and stenographic errors are subject to correction. Shipments will be routed “Best Way”, transportation charges collect unless preferred routing is specified. When date of delivery is given to Buyer/Owner, it is an estimate. warehouse1 will make every effort to make shipments as near that date as possible. warehouse1 will assume no responsibility for any loss or inconvenience caused by non-delivery on the estimated date. The substantive law of the State of Missouri shall control any action premised upon this contract of sale, including, but not limited to, interpretation, performance or breach of contract. In the event any provision contained in this agreement shall be deemed in violation of applicable law, such provision contained in this agreement shall be deemed in violation of applicable law, such provision shall be given no force and effect, provided however, the balance of this sales contract will remain in full force. Claims, disputes or other matters in question between warehouse1, the Buyer/Owner, or other contractors and subcontractors, architects and/or engineers retained by the Buyer/Owner arising out of the Contract or breach thereof shall be subject to and decided by mediation or arbitration. Such mediation or arbitration shall be conducted in accordance with the Construction Industry Mediation or Arbitration Rules of the American Arbitration Association currently in effect. In addition to and prior to arbitration, the parties shall endeavor to settle disputes by mediation. Demand for mediation or arbitration shall be filed in writing with the other party or parties and the American Arbitration Association. A demand for mediation or arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for mediation or arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statutes of repose or limitations. Buyer/Owner acknowledges that warehouse1 is not an original manufacturer of the products sold under this Agreement. The sales personnel of warehouse1 are not authorized to make warranties about the merchandise described in this contract. warehouse1’s employees’ ORAL STATEMENTS DO NOT CONSTITUTE WARRANTIES, shall not be relied upon by the Buyer and are not a part of the contract for sale. All authorized warranties provided by warehouse1 shall be in writing. warehouse1 makes NO WARRANTIES, whether written or oral, express or implied, including, but not limited to, the IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHER WARRANTY OF QUALITY, except the warranty of title, in connection with the sale of goods and materials reflected in this agreement. | 
