1. ACCEPTANCE OF TERMS: LIMITATIONS. THIS SALES ORDER CONFIRMATION IS LIMITED TO AND EXPRESSLY MADE
CONDITIONAL UPON THE PURCHASER’S ASSENT TO THE TERMS AND CONDITIONS HEREIN, AND ANY OF THE PURCHASER’S
TERMS IN ADDITION TO OR DIFFERENT FROM THOSE CONTAINED HEREIN ARE HEREBY OBJECTED TO AND SHALL BE OF NO
EFFECT. PURCHASER SHALL BE DEEMED TO HAVE ACCEPTED THE TERMS CONTAINED HEREIN IF THIS CONFIRMATION IS SIGNED
BY PURCHASER OR IF WRITTEN NOTICE IS RECEIVED BY PURCHASER OR IF WRITTEN NOTICE IS NOT RECEIVED BY THE SELLER
WITHIN TEN (10) DAYS OF THE DATE OF THIS CONFIRMATION, WHICHEVER SHALL SOONER OCCUR. PURCHASER WILL IN ANY
EVENT, BE DEEMED TO HAVE ASSENTED TO THOSE TERMS AND CONDITIONS IF ANY PART OF THE PRODUCT DESCRIBED IS
DELIVERED BY THE SELLER.

2. TERMS. Net cash thirty (30) days from date of invoice, unless otherwise noted on the face of this confirmation, F.O.B. place of shipment. If the total amount of the invoice is paid within thirty (30) days of the date reflected on the invoice, then a FINANCE CHARGE will not be imposed. If the total amount of the invoice is not paid within thirty (30) days of the date reflected on the invoice, then a FINANCE CHARGE will be added to the unpaid balance after deducting all payments received before the end of the billing period. The FINANCE CHARGE equals the lower of a monthly rate of one and one-half percent (1-1/2%), which is an ANNUAL PERCENTAGE RATE of eighteen percent (18%) or the highest amount allowed by law.

3. TAXES. The amount of the present or future sales, revenue, excise, or other taxes applicable to the products listed herein shall be added to the purchase price and shall be paid by the Purchaser, or in lieu thereof, the Purchaser shall provide Seller with a tax exemption certificate acceptable to the taxing authorities.

4. LIABILITY. Seller shall not be liable for loss or damage of any kind resulting from delay or inability to deliver on account of fire, labor troubles, accident, acts of civil or military authorities, or from any other cause beyond Seller’s control. Seller assumes no responsibility for damage in transit.

5. CANCELLATION. An order once placed with and accepted by seller can be cancelled only with Seller’s consent and upon terms that will indemnify Seller against loss.

6. RETURNED MATERIAL. In no case are products to be returned without first obtaining Seller’s permission and written authorization for each return .

7. LIMITED WARRANTY. SELLER WARRANTS THAT THE PRODUCTS AS PRODUCED BY THE SELLER (1) WILL CONTAIN SUCH
NUTRITIONAL ELEMENTS IN SUCH PERCENTAGES AS ARE SET FORTH IN THE LABELING INFORMATION PREVIOUSLY PROVIDED BY
PURCHASER AND ACCEPTED BY SELLER, (2) WILL NOT BE ADULTERATED OR MISBRANDED BY SELLER, WITHIN THE MEANING OF
THE FEDERAL DRUG AND COSMETIC ACT (THE “ACT ”), AND (3) WILL BE PRODUCED ACCORDING TO GOOD MANUFACTURING
PRACTICIES AND FREE OF PATHOGENS. PURCHASER’S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THE FOREGOING LIMITED
WARRANTY SHALL BE THE RETURN OF THE PURCHASE PRICE AND SHIPPING AND INSURANCE COSTS OF THE DEFECTIVE
PRODUCTS. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF
SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SELLER IS MAKING NO EXPRESS WARRANTY OTHER THAN
THE FOREGOING LIMITED WARRANTY. SELLER IS MAKING NO IMPLIED WARRANTIES WHATSOEVER, ALL OF WHICH , INCLUDING
IMPLIED WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF FITNESS FOR PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY
DISCLAIMED.

8. COLLECTION. The imposition of a FINANCE CHARGE does not mean Purchaser’s account is current and, Seller does not waive its legal right to effect collection of the past due amount (plus all applicable FINANCE CHARGE). Should it become necessary to place Purchaser’s account for collection, Purchaser shall pay all costs and expenses thereof, including reasonable attorney’s fees.

9. RISK OF LOSS. Purchaser assumes and shall bear the entire risk of loss or damage to any merchandise sold hereunder and shipped by Seller from and after delivery to carrier.

10. DEFAULT BY PURCHASER; INSECURITY. In the event of Purchaser’s default of any obligation hereunder, Seller may, at its option, cancel or delay shipments. If the financial condition of Purchaser at any time is such as to give Seller, in its sole discretion, reasonable grounds for insecurity concerning Purchaser’s ability to perform its obligations hereunder, Seller may require full or partial payment in advance and suspend deliveries until such payment has been received.

11. APPLICABLE LAW. This agreement shall be governed by the laws of the State of Georgia, including the Uniform Commercial Code as adopted in the State of Georgia.

12. ENTIRE AGREEMENT. Except for the Guarantee and hold harmless Agreement executed by the Purchaser and Seller which applies to all sales by Seller to purchaser, this sales order confirmation constitutes the final written expression of all the terms of the parties’ agreement with respect to the sale described on the front of this confirmation, and is a complete and exclusive statement of those terms There are no agreements, understandings restrictions, warranties, or representations between the parties other than those set forth herein; FURTHERMORE, THE PARTIES EXPRESSLY AGREE THAT THE TERMS OF THIS SALES ORDER CONFIRMATION CANNOT BE CONTRADICTED, SUPPLEMENTED, OR EXPLAINED BY EVIDENCE OF COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.

( rev 05/07 )