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I. LATHAM POOL PRODUCTS STANDARD TERMS AND CONDITIONS

Latham Pool Products, Inc. ("Latham Pool Products") sells its complete offering wholesale to business customers.

Prices

Prices listed are wholesale, do not include freight, handling fees, taxes, and/or duties, and are subject to correction or change without notice. Market sensitive commodity products will be priced according to current market conditions. Customer should contact the local Latham Pool Products branch or check online at www.lathamlink.com for current pricing. Export orders may be subject to other special pricing. Latham Pool Products reserves the right to accept or reject any order.

Sales Tax

Customer is responsible for payment of all applicable state and local taxes, or for providing a valid sales tax exemption certificate. When placing an order, customer shall indicate which products are tax exempt.

Payment and Credit Terms

Latham Pool Products accepts cash, checks, money orders, Visa, MasterCard, and American Express. For customers with established Latham Pool Products credit, payment terms are net thirty (30) days from the date of shipment or pick-up of products. All credit extended by Latham Pool Products to customer, and the limits of such credit, is at Latham Pool Products’s sole discretion, and may be reduced or revoked by Latham Pool Products at any time, for any reason. As a condition for the continued extension of credit, customer agrees to provide Latham Pool Products with current credit information and the latest annual financial statement within five (5) business days following request by Latham Pool Products. Latham Pool Products reserves the right to charge a convenience fee for late payments. Latham Pool Products further reserves the right to charge customer a late payment fee at the rate of one and one-half percent (1-1/2%) of the amount due for each month or portion thereof that the amount due remains unpaid, or such amount as may be permitted under applicable law. Anticipation and cash discounts are not allowed. Export orders are subject to special export payment terms and conditions identified in Section III. All payments must be made in U.S. dollars. Latham Pool Products has the right of set-off and deduction for any sums owed by customer to Latham Pool Products.

If customer fails to make payment within thirty (30) days of shipment or pick-up, or fails to comply with Latham Pool Products’s credit terms, or fails to supply adequate assurance of full performance to Latham Pool Products within a reasonable time after requested by Latham Pool Products (such time as specified in Latham Pool Products's request), Latham Pool Products may defer shipments until such payment or compliance is made, require cash in advance for any further shipments, demand immediate payment of all amounts then owed, elect to pursue collection action (including without limitation, attorneys’ fees and any and all other associated costs of collection), and/or may, at its option, cancel all or any part of an unshipped order. Additionally, customer, and each of its subsidiaries and affiliates, agrees to provide to Latham Pool Products proper authorization necessary for Latham Pool Products to request any financial information from third parties.

Customer agrees to assume responsibility for, and customer hereby unconditionally guarantees payment of, as provided herein, all purchases made by customer, its subsidiaries and affiliates. Each of customer’s subsidiaries and affiliates purchasing from Latham Pool Products are jointly and severally liable for purchases with customer, and customer is also acting as agent for such subsidiaries and affiliates.