All invoices shall be based on certified scale weights, including moisture at time of shipment. All materials furnished under this contract are subject to acceptance by the Purchaser at the Sellers Plant. Seller warrants the materials as meeting applicable quality specifications at Seller’s plant and assumes no responsibility for the materials after they leave Seller’s plant. Purchaser is encouraged to maintain, at Purchaser’s cost and election, inspectors or observers at Seller’s plant to insure that materials being furnished under this contract meet the applicable quality specifications. Such inspectors or observers will be permitted reasonable use of Seller’s laboratory facilities, or they may furnish their own laboratory facilities to take such samples and make such test at Seller’s plant as reasonable. THE FOREGOING PROVISIONS ARE IN LIEU OF, AND SELLER HEREBY DISCLAIMS, EXCLUDES AND NEGATES, ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR CONFORMITY TO MODELS OR SAMPLES OF MATERIALS. All accounts are payable in current funds at the office of the seller, P. 0. Box 1000, Georgetown, TX 78627. Payments on account by the Purchaser shall be applied on the oldest unpaid items of account in order of original date. Subject to the provisions of the preceding paragraph, a discount as indicated on each project will be allowed on invoices for all shipments made from the first to the end of the month, inclusive, if paid by the tenth of the following month. Accounts are payable gross upon expiration of discount period, and shall become past due on the last day of the month following purchase. Interest will be charged at the rate of ten percent (10%) per annum on all past due accounts. If, at any time, the financial responsibility of the Purchaser becomes impaired, the Seller shall have the right to require payments in advance or other satisfactory security or guarantee that invoices will be paid promptly when due. The Seller shall have the right to discontinue shipments on any past due account. All quotations and contracts are subject to the contingencies of production and shipping; and Seller will not be responsible for, and Seller’s obligations under this contract shall be suspended during the continuance of, Seller’s inability to carry out its obligations, wholly or in part, due to inability to secure transportation facilities; delays in transit; strikes, lockouts, or other labor difficulty; war; acts of God; lightning, fire, storm, flood or explosion; governmental action, delay, restraint or inaction; governmental rules, regulations and ordinances, including , without limitation, environment requirements or constraints; and other causes whether of the kind specifically enumerated or otherwise, which are not reasonable within the control of Seller. All processing, manufacturing, severance, transactions and/or sales taxes becoming effective after the date of this quotation shall be added to the invoices and paid by the Purchaser, unless otherwise provided by law. All contracts and agreements are subject to acceptance by the Home Office of the Seller and the approval of his credit department. If purchased material is not paid for within 45 days, you may expect Texas Crushed Stone to perfect lien rights. After payment and upon request, Texas Crushed Stone will furnish a lien release conditioned upon date of delivery. Lien release will have terms drafted by Texas Crushed Stone. If it is foreseen that other lien documentation will be needed, such documentation will only be considered if furnished in writing prior to shipment of material.