TERMS AND CONDITION OF SALE

1. SCOPE - THE TERMS AND CONDITIONS OF SALE CONTAINED HEREIN APPLY TO ALL QUOTATIONS ISSUED AND PURCHASE ORDERS ACCEPTED BY CROPPER MEDICAL. ACCEPTANCE OF BUYER'S ORDER IS MADE WITH THE EXPRESSED UNDERSTANDING THAT THE TERMS AND CONDITIONS OF THIS INVOICE SHALL GOVERN IRRESPECTIVE OF THE TERMS AND CONDITIONS SPECIFIED BY BUYER. CROPPER MEDICAL'S FAILURE TO OBJECT TO PROVISIONS CONTAINED IN ANY COMMUNICATION FROM BUYER SHALL NOT BE DEEMED A WAIVER OF THE PROVISIONS OF THIS INVOICE. ANY CHANGES IN THE TERMS AND CONDITIONS OF SALE CONTAINED HEREIN MUST SPECIFICALLY BE AGREED TO IN WRITING BY CROPPER MEDICAL BEFORE BECOMING BINDING ON EITHER CROPPER MEDICAL OR BUYER.

All orders or contracts must be approved and accepted by an Authorized Representative of Cropper Medical at it's Corporate office. The terms and conditions of sale shall be applicable whether or not they are attached to or enclosed with the items to be sold.

2. PAYMENT - Terms for payment are indicated on Invoice. Invoices for goods delivered under this order are payable only in U. S. Dollars. All terms are from date of invoice and are subject at all times to the approval and review of Cropper Medical's Credit Department. In case of doubt arising as to Buyer's credit worthiness, shipment(s) may be suspended.

In the event that collection procedures are required by Cropper Medical, Buyer shall pay all costs of collection, including, but not limited to collection fees, reasonable attorney fees, court costs and interest.

Each shipment shall be considered a separate and independent transaction, and payment therefore shall be made accordingly.

A service charge of 1 ½% per month will be added to all accounts Past Due, which is equal to an annual service charge of 18%.

3.TRANSPORTATION - Products are sold F.O.B. shipping point, plant of manufacture, Ashland, Oregon. Title passes from Cropper Medical to Buyer upon delivery of material purchased hereunder to carrier at shipping point in good condition with the carrier acting as Buyer's agent. All claims for damages must be filed with the carrier. Unless instructions from Buyer specify method of shipment to be used, Cropper Medical will use discretion in selecting method of shipment.

4.DELIVERY - Shipping dates are based upon prompt receipt from Buyer of all necessary information. In no event will Seller be liable for any reprocurement costs, nor for delay or nondelivery due to causes beyond its reasonable control, including but not limited to acts of God, acts of civil or military authority, fires, strikes, lockouts, slow downs, factory or labor conditions, and inability due to causes beyond Cropper Medical's reasonable control to obtain necessary labor, materials, or manufacturing facilities. In the event of any such delay, the date of delivery shall be deferred for a period equal to the time lost by reason of the delay.

5.GUARANTEE - Cropper Medical products are guaranteed to be free from defects in material and workmanship for 90 days from date of original invoice; or 90 days from date of purchase by end user, (dated sales receipt is required). This guarantee covers normal use only. Products exhibiting damage from misuse are not covered by this guarantee. All products must be returned by purchaser listed on original Cropper Medical invoice.

Cropper Medical reserves the right to modify or discontinue products at any time and without prior notification. Continuous efforts to improve product performance may result in changes to specifications, design, pricing, and/or availability. Discontinued products, custom products, non-stock products, or products that have been altered by purchaser are not returnable.

6.RETURNS/EXCHANGES - No product will be accepted by Cropper Medical without a return authorization number. Prior to returning product, purchaser must call Cropper Medical and request assignment of a return authorization number. This number must be clearly indicated on the outside of return packaging. Authorization and terms for credits or exchanges shall be at the sole discretion of Cropper Medical following final inspection of returned goods.

Products returned more than 60 days following invoice date will be subject to a 20% restocking fee.
Products that have been worn must be laundered prior to return.
Compression shorts are not returnable if worn. When trying on for sizing purposes, appropriate undergarments must be worn.
Purchasers are responsible for freight charges on all returned products. Returns must be shipped prepaid to:

Cropper Medical, Inc.
240 East Hersey Street, Suite 2
Ashland, OR 97520-5202

Cropper Medical does not provide cash refunds. Buyer may write to Cropper Medical and describe extraordinary circumstances that may justify a cash refund. Requests for cash refunds that are not in writing will not be considered. All correspondence regarding refunds must be addressed to the Business Manager at the address listed above.

7.GENERAL TERMS- No waiver of a breach of any provision hereof shall constitute a waiver of any other breach or provision. Cropper Medical shall not be liable under any circumstances whatsoever for loss, damage or expense directly or indirectly arising from use of the products, nor shall Cropper Medical be liable for consequential or any other damages with respect to products listed on this invoice.