Non-Defective Returned Goods Requirements

Bestway Wholesale is not obligated to accept returned material at any time and for any reason. We choose to accept material with the following restriction as part of GOODWILL with our customers.

The following criteria must be met before credit is issued:

• Prior to returning material to our warehouse, you will need to contact your salesperson to arrange for the receipt of the material. Warehouse personnel cannot accept material without the proper paperwork. Should a salesperson not be available, you will need to bring a copy of your original order or invoice to accompany the material.

• When bringing material back to our warehouse you must first sign an R.G.A. (Returned Goods Authorization) form, however this form does not guarantee credit to be issued to your account. Management must first review the material, checking for damage, missing parts, and basically whether or not the material is re-sellable prior to credit being issued.

• All material must be returned in re-sellable condition. Damaged boxes will result in a refurbish fee. A restocking fee will be charged to any product damaged and/or missing parts, even if the product was shipped in Bestway Wholesale’s error.

• After you receive a product, you have a 90 day grace period in which to return material, excluding electrical products. Material will not be accepted for return after 90 days.

• Electrical products have a 30 day grace period and must have never been connected.

• Custom, some modified items, and/or specially ordered material may not be returned. A modified item, such as a frame, may receive credit for the frame, however you will not receive credit for the labor costs to produce the modifications (i.e. closer reinforcement, fire labels, welding, etc.).

• You must sign our R.G.A. form or the Non-Pre-approved Return form and provide your contact phone number. Be sure to receive a copy of either of these for your records.

• Management will review the R.G.A. within three business days, however credit may take up to two weeks to post to your account.

• A copy of the reviewed R.G.A. will be issued to your salesperson. Should there be a problem with the material returned, the salesperson will contact you in regards to the nature of the problem. Material in our possession that we do not issue credit towards, will be considered your property and will be held in our warehouse for 15 business days to give you ample time to collect your property. After 15 days, the material will be disposed.

• All products you plan to return to Bestway Wholesale should return to our warehouse in the same condition as received, even if the product is defective. The product's warranty does not cover neglect.

A credit application must be on file with Bestway Wholesale prior to extending credit to any customer, no exceptions will be allowed. After a credit application is received and reviewed, customers in good credit standing will be issued an account with Bestway Wholesale.

After credit approval you must comply with the terms issued to you. Late payments will be subject to 1.5% service charges (18% APR). Payments can be made via cash, check, or credit card (MasterCard, Visa).

All returned checks will be subject to a $50 fee for bank charges and analysis fees. Payment after a NSF check has been received must be made in one of the following forms only; cash, credit card, certified check, or money order. The return check cannot be re-deposited and will be held for our records.

Deliveries cannot be made to an un-manned job site. There must be someone from your company available to inspect and verify quantity of your shipments. Deliveries cannot be signed by anyone who is not in the direct employment of your company, unless a letter on your company letterhead, signed by the job superintendent is left on the jobsite with the responsible party.

All deliveries are tailgate deliveries and in order to keep your deliveries running smoothly Bestway Wholesale. cannot stock your jobs. We will gladly try to help in any way possible, but it is your responsibility to arrange the proper crew to unload any shipments.

Deliveries not accepted or a waiting period of more than a reasonable time frame or a redirect of route will be subject for additional delivery charges that may not be outlined in the contract on the reverse side of this page. You will be responsible for any additional delivery charges due to delay or insufficient crew.

Bestway Wholesale is not responsible for delays on the job that are not related to our line of work. Delivery date will be discussed prior to ordering your materials, should a problem arise with the job, needing to delay delivery of materials that are special order items, we cannot hold the material in our warehouse. We will allow a flex-time of a one week delay for materials that are special order. Any periods longer than one week will be subject to invoicing and storage charges of $20 a week for every $1,000 of material stored. We suggest in the event of a delay, renting a storage area if material is not available to be taken to the job site.

For delay of materials that are considered in-stock items, we cannot guarantee to hold these items for over a one week period. Bestway Wholesale will use these items to fulfill other orders unless storage and material fees are paid upfront at the rate of $20 a week for every $1,000 of material. All storage fees are at a minimum of $20 per week.

All changes to your job must be requested in writing on company letterhead and signed by the original signor. Changes will not be processed verbally and may be subject to additional charges.

Changes to the job will be quoted on an official Bestway Wholesale letterhead and sent for your approval prior to beginning work. All changes are subject to the same terms and conditions of the original contract and will not be processed verbally. Bestway Wholesale is not responsible for changes that may cause delays on the job.

Should submittals need to be provided on the job, please notify your salesman immediately with the quantity to be provided. Submittals are arranged so you may review the details of your project and approve all aspects of everything we have provided you. Should you have any questions please ask prior to the submittals being approved, as Bestway Wholesale will not proceed with any work toward your project until they are approved in writing.

After submittals have been approved, changes that are brought about are not the responsibility of Bestway Wholesale. Please read your submittals carefully to ensure accuracy. Submittals are legal documents once they are approved.

Retainage

Bestway Wholesale does not allow retainage to be held on any materials shipped from our facility. We only honor retainage agreements for installations only. Retainage agreements must be approved in writing prior to beginning any job, otherwise unauthorized retainage will be considered a late payment and subject to service charges at 1.5% (18%APR).

We require someone from your company to inspect and verify deliveries as to ensure that the materials are not damaged when they arrive at your job site. As part of our goodwill of our customers we will allow for concealed damage claims to be brought to our attention no later than two business days after a delivery has been made. We suggest you inspect your materials immediately to avoid costly replacement fees.

Materials delivered by any other method other than our truck that arrive damaged, is your responsibility to file a claim with the carrier. The carrier usually has a customer service phone number listed on all packing slips where they can assist you in filing the claim. Bestway Wholesale cannot be held responsible for freight damage incurred in shipment by other carriers, as the carrier often times wants to inspect the damage and then they will handle the claim accordingly.

Bestway Wholesale will replace items that are damaged as soon as possible, but it will be incurred as an extra cost and added to your contract price. The carrier should reimburse you for your losses. Please remember to always keep damaged materials in the exact condition in which they arrive. Do not use damaged materials as scrap material or garbage, paint, or mutilate it in any way. You may not receive compensation from Bestway Wholesale or any other company if material is abused or misplaced.

Bestway Wholesale does not sell your name or company name to any other parties. All information is kept confidential and is intended for our own business purposes. Credit experience may be shared with the local credit group on a strictly confidential level. We do report delinquent account to Experian and investigate our accounts using this system.

Bestway Wholesale requires that you submit the notice of commencement for your job, prior to starting the project. The notice of commencement should be posted in a conspicuous place at the job site and it simply tells us who the owner of the project is and where to locate them. Should the notice of commencement not be submitted we will request a copy in writing, in which you have twenty-one days legally to submit a copy to our office.

Bestway Wholesale will be forwarding a notice of furnishing to the owner of your project. The notice of furnishing is in no way a reflection on the creditworthiness of your company and is a major component in our mechanic’s lien rights to notify the owner of our materials being delivered to the project.

Should payment not be received promptly we reserve the right to exercise our lien rights as provided by law, but we will take every necessary precaution to prevent this from happening as we would like to protect your good name.

Lien Waivers will only be signed for invoices that are paid to date and will not cover future invoices. Lien rights will not be waived at the time of the contract being signed and a final waiver will not be authorized until final payment is received.

Warranties are specific to each item carried by Bestway Wholesale. They are warranties as listed by the manufacturer and we will do our part to ensure that these warranties are fulfilled. Please direct any warranty questions for each specific item to your sales representative. Charges will incur on the replacement item until the warrantee item is returned and can be credited to you.