1. PAYMENT TERMS: All sales are based on a valid Credit Card purchase, FOB the SOMAY PAINT FACTORY.

2. FREIGHT COSTS: Shipping charges shown on the Online Order Form include delivery via UPS ground.  For certain products UPS imposes special hazardous material packaging and handling charges; these are included in the item prices shown on the Online Order Form. If Shipping charges are shown as $99.99, Seller will contact freight carriers to try to obtain a more economical freight charge.  In such instances, Seller will contact the Buyer for approval prior to releasing the shipment and charging the Buyer's Credit Card.

3. PRIVACY:  Somay Products, Inc. respects the rights of all Buyers to complete privacy.  Any information provided to SOMAY by Buyer for the purposes of completing a purchase transaction will NOT be sold to or provided to any other organization whatsoever, unless required to do so by a legitimate court order or government agency.

4. RETURNS: No merchandise may be returned without Seller's authorization in advance.  If Seller's mistake, Seller will pay full freight and issue credit for the full amount at which the goods were originally billed.  However, goods returned for all other reasons must be shipped prepaid.  Seller will issue credit for the price billed, less a 10% handling charge, if Seller has agreed to accept the returned merchandise.

5. DAMAGES/SHORTAGES: Seller's responsibility ceases when Seller receives a signed Bill of Lading or other acceptable shipping form from the freight carrier indicating the carrier has received the entire shipment in good condition from SOMAY.  Seller's count is to govern settlement.  Seller can make no allowances for shortage or damage caused  by the freight or transportation company.  Buyer will, in the event of loss or damage in transit, file its own claim directly with the freight carrier.

6. NON-PERFORMANCE:  Seller shall not be liable for any delay in performance or non-performance for any cause beyond its reasonable control, including, but not limited to, those caused by labor disturbances, weather conditions, etc.

7. HAZARDOUS MATERIALS: Buyer acknowledges that the material sold under this agreement may be considered hazardous to human health and the Buyer purchases such material solely at the Buyer's risk and assumes all liability for the use, storage and handling of the material.  Buyer shall familiarize itself and keep informed (without reliance on Seller) of any hazards to persons or property involved in handling and using the material.  Buyer shall advise its employees, independent contractors, customers and any others who are foreseeable ultimate users of the material, of the possible hazards of the material.

8. ADVICE:  It is expressly understood that any advice furnished by Seller with reference to the use of material is supplied without consideration and Seller assumes no obligation or liability for the accuracy or sufficiency of advice given or results obtained.  All such advice is given and accepted at Buyer's risk.

9. WARRANTY DISCLAIMED: SELLER MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USAGE, EXCEPT THAT THE PRODUCT SOLD HEREUNDER SHALL MEET SELLER'S SPECIFICATIONS.

10. CLAIMS LIMITATION: Buyer waives all claims unless made in writing and delivered to Seller within ten days after receipt of goods.  No claims by Buyer shall be greater in amount than the purchase price of the materials actually purchased, and Buyer understands that Seller shall not be liable for consequential or incidental damages.

11. MODIFICATIONS: Seller specifically rejects any different or additional terms and conditions and neither Seller's performance nor receipt of payment shall constitute an acceptance of them.

12. SALES TAX:  Seller will charge sales tax for all shipments to locations within the State of Florida.  The buyer is responsible for state and local taxes outside the State of Florida.  Florida buyers exempt from sales tax may make a notation to that effect under "Shipping Instructions".  The Buyer will then be contacted to obtain appropriate tax information in accordance with the laws of the State of Florida.

13. SOMAY reserves the right to refuse any sale that, in its sole judgment, it deems is not in the best interests of the company, its employees and its stockholders.