Tennessee Valley Recycling, LLC (“Seller”)

Terms and Conditions of Sale

1. Force Majeure - Manufacture, shipment and delivery are subject to, and Seller shall not be liable for, any delay in or impairment of performance resulting in whole or in part from, any war (whether or not declared), insurrection, civil disturbance, act of terrorism, strike or other work stoppage or slowdown, difference with workers, accident, fire, flood, Acts of God, delay in transportation, shortage of materials, equipment breakdowns, mill conditions, laws, regulations, orders or acts of any governmental agency or body or any other cause beyond the reasonable control of Seller, or if performance by Seller becomes impracticable due to the occurrence of a contingency, the non-occurrence of which was a basic assumption on which the sale was made.

2. Applicable and Governing Law - This Contract shall be treated as a contract made in the State of Alabama and shall be governed by the laws of that state unless otherwise stated by Seller.

3. Payment - For domestic sales, subject to Seller’s credit approval, Buyer shall pay the net invoice amount in full within 15 days from date of invoice. For export sales, Buyer shall render payment in full prior to shipment for the net invoice amount by cashiers check, official bank check, or other certified instrument acceptable to Seller, or by wire transfer which must be received by Seller’s bank prior to shipment. If Buyer fails to make payments in accordance with the terms of this contract, or fails to comply with any provision of this contract or any other contract between Buyer and Seller, Seller may at its option defer shipments or, without waiving any of its rights, terminate this contract. Such right to refuse to make shipment or delivery is in addition to and not in lieu of any other remedy that Buyer may have in law or equity. All deliveries shall be subject to Seller's credit approval as outlined below.

4. Credit - All orders and shipments are subject to review and approval of Seller’s Credit Department. Seller may suspend at any time performance if Seller determines that Buyer’s credit is impaired or if other grounds for insecurity arise. If Buyer fails to provide to Seller assurance satisfactory to Seller of due performance, within 10 days of Seller’s written or oral demand, Seller may terminate the contract.

5. Shipment - Terms are F.O.B. Seller’s listed location and Buyer shall pay all shipping costs. Title and risk of loss pass to Buyer after Seller delivers the Goods to the carrier. Buyer shall make all claims for damage incurred during shipment directly to the carrier. Shipment shall be made freight collect, unless otherwise stated herein, in which case shipment shall be made freight prepaid and a freight charge shall be included in Seller’s invoice.

6. Warranty -. Secondary Goods, including, but not limited to, “Zorba 90-TVR,” are sold "as is, where is.”

7. Claims - Claims by Buyer must be made in writing within 60 days of receipt of shipment. Buyer shall set aside, protect and hold such goods without further processing until Seller has an opportunity to inspect and advise of the disposition, if any, to be made of such goods. Under no circumstances shall Seller be liable for consequential or incidental damages.

8. Taxes - Any tax which Seller may be required to pay or collect, through assessment or otherwise, under any existing or future law upon or with respect to the sale, purchase, delivery, transportation, exportation, storage, processing, use or consumption of any goods or services described herein, including, without limitation, taxes upon or measured by receipts from sales or services, shall be for the account of Buyer and may be added to the price of such goods or services. Buyer shall promptly pay the amount thereof to Seller upon demand but may, in lieu of such payment, furnish to Seller evidence of the issuance of tax exemption certificates acceptable to the appropriate taxing authorities.

9. Waiver - Any waiver by Buyer or Seller of a breach of a term or condition of the Contract shall not be construed as waiver of any other breach of any other term or condition, or a waiver of any similar future breach of the same term or condition.