All amounts due for Products purchased from Seller are payable at 7678 Sitio Manana, Carlsbad, CA 92009, unless otherwise informed differently in writing by Seller. All sales shall be final unless otherwise agreed by the Seller. The Purchaser shall pay the Seller's invoices in full according to the terms stated on each invoice. The Seller, at his option, may request a deposit from the Purchaser prior to delivery of the Products. The Seller is responsible for the collection of sales tax on all sales made in the State of California unless the Purchaser has a valid resale card or tax exemption certificate on file with Seller prior to billing.

Shipment and delivery schedules specified are based on the Seller's best estimate according to conditions existing at the time. The Seller shall make every reasonable effort to effect shipment on the estimated delivery dates. The Seller shall not be liable for delays resulting from causes beyond its reasonable control. All Products are sold F.O.B. Carlsbad, CA.

Defective Products may be returned to the Seller. Defective Products being returned to the Seller must be in new condition and be packaged in the original container. Freight costs defective Products being returned shall be paid by the Purchaser.

In the event the full amount of the total price of the Products sold pursuant to this Agreement is not paid in full on the terms and conditions set forth herein, Purchaser agrees to pay interest on the unpaid balance at the rate of [one and one-half percent (1 1/2%)] per month or [eighteen percent (18%)] per annum. If Purchaser breaches any promise or agreement contained in this Agreement, Purchaser shall pay all costs and expenses (including reasonable attorneys' fees) incurred by the Seller to enforce this Agreement or to pursue any applicable remedy, whether incurred with or without litigation on appeal or otherwise. The Seller shall have a lien on and shall have the right to retain all property delivered by the Purchaser to the Seller or possessed by the Seller until all of the Purchaser's outstanding invoices and finance charges have been paid in full. Furthermore, until payment in full has been made, the Seller reserves a security interest under the Uniform Commercial Code in the Product. If requested to do so by the Seller, the Purchaser shall execute and deliver to the Seller one or more financing statements. The Seller shall by the Purchaser's "Attorney-in-fact" to do, at the option of the Seller, all acts which the Seller deems necessary or desirable to perfect and continue perfected the aforementioned security interest.

The Seller makes no warranty of any kind, express or implied, with regard to the Products sold hereunder except that the Products are free and clear from any and all liens and encumbrances, and that for 90 days following the date of delivery the Products shall be free and clear from defects in material, workmanship and operation failure from ordinary use. The Seller's obligations hereunder and liabilities therefore shall be limited solely to adjustments, repairs and parts replacement necessary to maintain the Products in good working order during said warranty period at the Seller's cost and expense. This warranty and the Seller's liability there under is expressly conditioned upon Purchaser's proper use, care and storage of the Products. THE WARRANTIES CONTAINED IN THIS PARAGRAPH SHALL BE IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. IN NO EVENT, REGARDLESS OF THE FORM OF ACTION, SHALL THE SELLER BE LIABLE TO PURCHASER OR TO ANYONE ELSE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING SUCH DAMAGES ARISING FROM THE BREACH OF THE SELLER'S WARRANTY HEREUNDER OR FROM THE NEGLIGENCE OF THE SELLER OR EMPLOYEES, OFFICERS, DIRECTORS, CONSULTANTS OF THE SELLER.

Purchaser's sole and exclusive remedy for breach of this Agreement or any warranties hereunder shall be limited, at the option of the Seller, to the return of the Products and repayment of their price or to the repair and replacement of the defective Products or parts. IN NO EVENT SHALL PURCHASER BE ENTITLED TO RECOVERY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. If the Seller shall be prevented from curing a breach of warranty hereunder within the time periods set forth, by cause or causes beyond its control, including labor disputes, civil commotion, war, governmental regulations or controls, casualty, inability to obtain materials or services or acts of God, the Seller shall be excused from performance for the period of the delay and for a reasonable time thereafter in which to cure such breach.

Specific agreements entered into by the Seller and the Purchaser may contain additional understandings; however, the terms and conditions contained herein shall not be modified except by written agreement. Agreements shall be governed by the laws of the State of California and are payable on demand at the office of the Seller in Carlsbad, California.