Terms of Sale, Other

1. TERMS AND ACKNOWLEDGEMENT. This order and any agreements between Buyer andSeller are limited to the terms and conditions of these General Terms of Saleand the terms and conditions on the face of Seller's order acknowledgmentrelating to this order (or Seller's invoice relating to this order if Sellerdoes not issue an order acknowledgment). Any additional or different terms inBuyer's forms or other documents are hereby deemed to be material alterationsand notice of objection to them and rejection of them is hereby given. Nomodification of Seller's terms and conditions will be binding on Seller unlessagreed to in writing by Seller.

2. GENERAL WARRANTY AND LIMITATIONS. Seller's products are warranted to be ofmerchantable quality and to conform to specifications and tolerances provided inthe applicable industry standards, or Seller's published standards, or otherwiseincorporated in this agreement. Should any product sold hereunder be found notto meet the foregoing warranty, Seller will furnish a replacement productconforming to this warranty, or, at its election, make a fair allowance therefor.However, written notice of any claim under this warranty must be given to Sellerwithin 30 days after delivery or after opening of the packaging when productsare intended to be stored in original wrapper after receipt, and Buyer mustafford Seller a reasonable opportunity to inspect the products in unalteredcondition and evaluate the claims in accordance with procedures customary to theindustry.

THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE FOREGOING, AND SELLER'S SOLERESONSIBILITY THEREUNDER IS AS STATED. SELLER SHALL NOT BE LIABLE FORCONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, OR FOR ANY AMOUNT IN EXCESS OFTHE PRICE FOR THE SHIPMENT INVOLVED, UNDER THE FOREGOING WARRANTY OR ANY OTHERPART OF THIS AGREEMENT. ANY LEGAL ACTION AGAINST SELLER FOR BREACH OF THISAGREEMENT, INCLUDING ANY WARRANTIES THEREUNDER, MUST BE INSTITUTED WITHIN ONEYEAR AFTER DELIVERY.

3. TIME AND PLACE OF SHIPMENT. Unless the indicated shipping date isexpressly guaranteed, advance information as to date of shipment is anapproximation only, based upon Seller's best judgment at the time.

4. QUANTITY TOLERANCES. Unless this order expressly requires reloading ofexact quantities specified, all orders are subject to under-runs and over-runsof not more than 10 percent.

5. TITLE AND RISK. Irrespective of any provisions concerning freight orprice, title and risk of loss or damage shall pass to Buyer upon delivery ofgoods to any carrier, except a motor vehicle operated by Seller, at Seller'splant or other shipping point. Seller reserves the right to route all shipments,and may assist Buyer in processing claims against carriers, without incurringliability therefor.

6. TRANSPORTATION COSTS AND SHORTAGES. When prices include any costs oftransportation from point of shipment, any increase in such costs becomingeffective after the applicable price is quoted or established by Seller, and anycosts for services provided by the carrier at no charge other than theapplicable freight rate or tariff, shall be for Buyer's account. Any extra costsof utilizing substitute methods of delivery, when the intended type of carrier,vehicle or loading or unloading facilities become unavailable, also shall be forBuyer's account.

7. LATE PAYMENT CHARGE. A late payment charge of 1.25 percent per month on theunpaid balance will be made on all past due accounts. In no event will thischarge exceed the maximum rate allowed by law. Buyer also agrees to payreasonable attorneys' fees and other costs incurred at collection.

8. PRINTING AND DESIGN WORK. Buyer will indemnify Seller against and holdSeller harmless from any claim of infringement of Copyright, Trademark or Tradedress resulting from the use of any words, designs, or art and any claimconcerning machine readability of Universal Product Code symbols that Seller isrequested to incorporate in or imprint or place on the products sold hereundernotwithstanding that Seller may be consulted as to, or may perform, art ordesign work or other special services in connection herewith.

9. GOVERNING LAW. This agreement, including its validity, interpretation,performance, operation and enforcement, shall be governed by the laws of theState of Washington, including the Uniform Commercial Code, as enacted therein.

E-Form 14148 (11/00)

Copyright © 2001 Weyerhaeuser Company. All rights reserved. Weyerhaeuser Company, PO Box 9777, Federal Way, WA 98063-9777, USA.