GENERAL TERMS AND CONDITIONS

Applicant represents that the above information is true and is given to induce Colorado Gulf Packaging, Inc. (CGPKG) to extend credit to the Applicant.

Applicant certifies by signing this application (the “Application”) that the business is not insolvent and authorizes CGPKG to make such credit investigation as CGPKG sees fit, including contacting the above trade references and banks and obtaining credit reports.

Applicant authorizes all trade references, banks, and credit reporting agencies to disclose to CGPKG any and all information concerning the financial and credit history of the company of the Applicant.

Authorized Signature:

1. Bills are sent after goods are received. Applicant may take the negotiated discount as indicated on the bill, if the invoice is paid in 10 days. Applicant will incur a $25.00 fee for each returned check.

2. Upon approval of Applicant’s credit, the documents set forth the entire agreement between Applicant and CGPKG regarding the matters described herein and therein, and supersedes all prior oral or written agreements in respect thereof. Except as expressly provided herein, this application may only be amended in writing with signatures by Applicant and CGPKG.

3. Accounts become delinquent when not paid within invoice terms. A delinquency charge of 1.5 % per month or 18 % per annum (but in no event to exceed the maximum amount permitted under applicable law) will be assessed on all delinquent accounts. The charge will be computed according to the account’s delinquent balance and automatically added to the monthly statement. Applicant further agrees to pay any collection costs incurred to collect the amount balance, including reasonable attorney’s fees.

4. Credit privileges may be revoked on a past due account or an account that exceeds its credit limit. No additional credit will be extended to past due accounts unless satisfactory arrangements are made with our credit department.

5. Credit may be terminated for accounts not active for two (2) consecutive years. Failure to pay any invoice when due may result at CGPKG sole discretion, in the termination of said credit with any and all moneys outstanding, whether due or not, payable upon demand to CGPKG.

6. CGPKG shall use the best efforts to obtain from each manufacturer the repair or replacement of goods that may prove defective in material or workmanship. The foregoing shall constitute the exclusive remedy of Applicant and the sole obligation of CGPKG.

7. CGPKG liability on any claim for loss or damage arising out of any agreement for the sale of goods or from the performance or breach thereof connected with the supplying of any goods, or their sale, resale, operation, or use, whether based on contract, warranty, tort (including negligence) or other grounds, shall not exceed the price allowable to such goods or part thereof involved in the claim. Caps shall not in any event be liable, whether as a breach of contract, warranty, tort (including negligence), or other grounds, for special, consequential, incidental, or punitive damages, including, but not limited to, loss of profits or revenue, loss of use of the product or any associated product, cost of substitute products, facilities or services, downtime costs, or claims of customers of the Applicant for such damages.

8. If CGPKG furnishes Applicant with advice or other assistance which concerns any goods supplied hereunder, or any system or equipment in which any goods may be installed, and which is not required pursuant to this contract, the furnishing of such advice or assistance will not subject CGPKG to any liability, whether based on contract, warranty, tort (including negligence ), or other grounds.

9. The remedies of Applicant set forth herein are exclusive and the liability of CGPKG with respect to any contract, or anything done in connection herewith such as the performance or breach thereof, or from the manufacture, sale, delivery, resale or use of any product covered by or furnished under the contract whatsoever in contract, in tort (including negligence and strict liability) or otherwise shall not exceed the price of the product on which such liability is based.

10. If credit is extended to the Applicant, the Applicant may be required to periodically furnish to CGPKG current financial statements that are in reasonable detail and certified as true and accurate on the date submitted by the Applicant.

11. Acceptance of any performance by CGPKG, after breach of these Terms and Conditions or any amended terms by Applicant, shall not act as a waiver of any rights or remedies to which CGPKG would otherwise be entitled as a result of such breach.

12. At CGPKG option, if Applicant’s account becomes delinquent, CGPKG shall have the right, immediately and without further notice to Applicant, to set off against Applicant’s account, all money owed to Applicant by CGPKG in any capacity.

13. COLORADO COURTS SHALL HAVE EXCLUSIVE JURISDICTION TO LITIGATE ANY DISPUTE BETWEEN APPLICANT AND CGPKG, AND ANY AND ALL LITIGATION SHALL BE INSTITUTED IN THE STATE OR FEDERAL COURTS OF DENVER COUNTY, COLORADO.

14. Credit Cards be may be accepted at time of Order.

15. If a credit card is used to settle a past due invoice or balance, a Convenience Fee of 3% will be added to the invoice amount.