PAYMENT: Unpaid balance of cash price due on delivery of merchandise unless otherwise stated in the Contract. If payment is not received as stated, then, Buyer agrees to pay a default charge on the unpaid balance of the cash price. This charge will be calculated at an interest rate of 2% per month (24% annual rate) on any amount that remains unpaid. If payment is not received within 60 days of its due date and this account is turned over to an attorney for collection then Buyer agrees to pay all costs of collection including reasonable attorney fees that Seller may incur in the collection of the balance including interest due. Title to all merchandise sold under this Contract remains with the Seller until the unpaid balance of cash price has been paid in full.

DELAYS: Seller does not guarantee arrival dates for custom ordered flooring and is not responsible for manufacturing or shipping delays or failures in delivery caused by strike or other causes beyond Seller's control and Seller is not responsible for any consequential or incidental damages for any reason within or beyond Seller's control.

FORFEITURE: If Buyer does not pick up the merchandise or allow the installation of the merchandise, as the case may be, within one year after the date of this Contract, then Seller, at its option, may cancel this Contract, retain the deposit and dispose of the merchandise as it deems proper.

WARRANTIES: Except for description on reverse side hereof, Buyer acknowledges that no express or implied warranties (including warranties of merchandiseability or fitness) have been made by Seller and Seller hereby disclaims all such warranties. There are no warranties which extend beyond the description on the face hereof. ONLY manufacturer's warranties apply to any merchandise purchased.

MERCHANDISE QUALITY: All merchandise sold by Seller has been represented by manufacturer or distributor to be 1st quality material unless otherwise indicated. Merchandise sold as discontinued, off-shade, cabin/tavern/construction grade or any grade less than 1st quality is sold "as-is," no returns or refunds will be accepted and no manufacturer's warranty applies.

INSTALLATIONS: Installation labor is not included in any merchandise price and is not included in this Contract.

DYE LOTS: Buyer understands flooring dye lots can vary greatly, does not constitute a defect and there may be a dye-lot variation from sample. Dye lot and color variations between samples and production runs will be determined and defined by industry standards.

SHORTAGES: Seller does not offer or represent any total cash price to be a firm bid, does not submit Firm Bids on Proposal Estimates and Buyer understands this Contract is NOT a complete one-price firm bid sale. When material shortages occur, whether the quantity sold is based upon measurements, plans or estimates submitted by Buyer, estimated by an agent of the Seller OR physically determined at the job site by an agent of the Seller, the quantity sold on the reverse side hereof is considered an estimate of quantity needed. Should additional materials be needed to complete Buyers installation for any reason, the Buyer will be solely responsible for payment of the "add-on" merchandise purchased.

REFUNDS AND CANCELLATIONS: Requests by Buyer for cancellation of merchandise purchased on reverse side hereof prior to mill shipment will be accepted by the Seller and a full refund of the Sellers deposit payment will be refunded less, at Sellers option, a $25.00 service and processing charge. All deposits for "custom-cut" ordered flooring are nonrefundable if material has been shipped by the manufacturer or distributor. Refunds in excess of $25.00 will be paid by check through the US mails.

CREDIT: Seller, at its option, shall have the right to cancel this Contract if upon later information the credit of Buyer is determined to be unsatisfactory.

FINANCING: Seller may sell the amounts due pursuant to this Contract to any financial institution though Seller shall remain responsible for all of its obligations pursuant to this Contract.

SEVERABILITY: Any provision of this Contract prohibited by the State of Illinois shall be ineffective to the extent of such prohibition without invalidating the remaining provisions of this Contract

VENUE: The jurisdiction of the State of Illinois and the venue of McLean County will control the terms of this contract since this Contract, if accepted by Seller, is accepted as a contract in the County and State where the store is located.

WAVER OF BREACH: The wavier by Seller of a breach of any provision of this Contract by Buyer shall not operate or be construed as a wavier of any subsequent breach by Buyer.

ACCEPTANCE: This Contract cannot be accepted by Seller without the written approval of the Managing Member of Bloomington Carpets, LLC and this Contract shall not be a Contract binding upon Seller until so approved.

SUCCESSION: This Contract shall be binding on the respective heirs, administrators, successors and assigns of Buyer and Seller.

ENTIRE AGREEMENT: Upon acceptance by Seller, this Contract constitutes the entire agreement between the parties and includes all promises and representations, express or implied, made by Seller and Buyer and by either of them. No stipulations, agreements, oral representations or understandings of the parties hereto shall be valid or enforceable unless contained in this Contract. Buyer has read and understands this Contract and its provisions and understands that no employee or agent of Seller has any authority to make any agreement or representation that is binding on Seller with respect to this Contract or with respect to the merchandise sold.