1. Delivery of more or less than three percent is permissible.

2. A ton shall be understood to be two thousand pounds unless otherwise specified.

3. If any portion of the goods covered by the contract are unshipped or undelivered within the time specified in the contract, then that portion is subject to cancellation by the buyer and/or the buyer has the right to hold the seller responsible for substantiated damages. If because of embargo and/or other conditions of force majeure a delivery or shipment cannot be made by the time specified, the contract shall remain valid and shall be completed promptly upon lifting of the embargo and/or conditions of force majeure and the terms of said contract shall not be changed.

4. If for any portion of the contract the buyer fails in a timely manner to open a letter of credit and/or fails to provide a proper conveyance and/or margin deposits and/or shipping instructions as specified in the contract, then that portion is subject to cancellation by the seller and/or the seller has the right to hold the buyer responsible for substantiated damages.

5. If a significant weight or quality difference is apparent, the seller should be notified promptly and, if requested, another weight or quality determination should be taken. Seller and/or buyer shall be given the opportunity to appoint an independent surveyor or representative to verify weights and/or quality. For purposes of this section, the meaning of the word significant shall be determined by agreement between buyer and seller, depending on the commodities and their values.

6. If it is mutually determined that goods delivered do not conform to the description specified in the contract, then the shipment is subject to rejection or a downgrade. Disposition of, replacement of, and/or financial adjustment for rejected material shall be subjected to mutual agreement between buyer and seller. Seller is responsible for freight costs. Buyer is expected however, to exert every effort to limit rejections only to that portion of the shipment which is unsortable and to retrun the rejected portion promptly upon request, as permitted by government regulations.

7. Contracts shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada or the State of Texas USA .

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