SALES AGREEMENT: It is agreed that title and ownership of above listed merchandise is to remain with BIOGRASS® Sod Farms or BIOGRASS® Nurseries, until all such indebtedness and interest charges are fully paid. Terms are NET 30 days, unless otherwise specified. If not paid by due date, the finance charge will accrue from date of invoice.

PURCHASE WARRANTS: The undersigned hereby represents and warrants as Purchaser, or his duly authorized representative, that the Purchaser is financially solvent, that the undersigned is authorized to receive these goods and to execute this Agreement on behalf of Purchaser. Purchaser also agrees to pay finance charge of 2% per month (24% annually) on the past due balance and further agrees to pay all costs incurred in the enforcing of this Agreement including attorney fees, whether incurred through filing of suit or otherwise.

DELIVERY TERMS: Any delivery made by BIOGRASS® Sod Farms or BIOGRASS® Nurseries will be to the nearest boundary of Purchaser’s premises adjacent to a public street or right-of-way. Purchaser may request BIOGRASS® Sod Farms or BIOGRASS® Nurseries to enter upon Purchaser’s premises to deliver Products at reasonable locations thereon by initialing the box on the invoice at time of delivery. In such event Purchaser hereby agrees to hold BIOGRASS® Sod Farms or BIOGRASS® Nurseries and its agents, employees and representatives harmless from any and all claims, causes of action, damages, expenses, liability, and costs including reasonable attorney fees incurred by Purchaser for any reason in connection with delivery of Products on Purchaser’s property.

LIMITED WARRANTY: BIOGRASS® Sod Farms and BIOGRASS® Nurseries prides itself in exercising the greatest care in keeping its products true to name and warrants that the products sold are true to name and as described within recognizable tolerances. The product sold will be vigorous and healthy when received by Purchaser. However, except as set forth herein, once the product leaves BIOGRASS® Sod Farms or BIOGRASS® Nurseries control, BIOGRASS® Sod Farms or BIOGRASS® Nurseries is not responsible for the health and growth of the product. THERE ARE NO WARRANTIES THAT EXTENT BEYOND THE FACE OF THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR THE PARTICULAR PURPOSE. BIOGRASS® Sod Farms or BIOGRASS® Nurseries expressly is not liable for any consequential damages, and BIOGRASS® Sod Farms and BIOGRASS® Nurseries sole responsibility for breach of the limited warranty shall be replacement of the product.