TERMS AND AGREEMENTS OF SALE

THE AGREEMENT concerns, Ame’s, Avid Tent, High-End Dept Store Code #3, Catalog Store Code #23, Grandpas, Homebase, Home Improvement Store Code #26, Home Shopping Network, Dept Store Code #7, Toy Store Code #30, Dept Store Code #1, Dept Store Code #2, Dept Store Code #25, Menards, Osco, Q.V.C, HBA and Drug Store Code #10, HBA and Drug Store Code #31, Roses, Discount Dept Store Code #28, Dept Store Code #11, Dept Store Code #19, Mervyns, CSK, Dept and Catalog Store Code #29 and/or any other department stores or merchandisers.

You shall not advertise purchased merchandise using the above listed department store name(s). All labels and tags must be removed. Anyone found advertising or not removing labels or tags bearing department store name(s) will be permanently barred from purchasing merchandise from The Discount Warehouse.

CONDITION OF MERCHANDISE: All merchandise is salvage/Store returns merchandise and sold “As Is” with no warranties of any kind or guarantees of any kind expressed or implied. All merchandise is sold in “As Is” condition, with no refunds, returns, credits or exchanges offered or given. Loads may be sold as bulk loads (no wholesale value, percentage or piece count given). The Approximate value is merely a number that has been provided to 1 AAA Wholesale Liquidators by its providers as an estimate only of wholesale or retail value at the time of purchase and 1 AAA Wholesale Liquidators in no way represents or guarantees that this is the true value of the products. Above Listed department stores and 1 AAA Wholesale Liquidators will not be held liable for any dissatisfaction in regards to the sale or quality of merchandise.

BROKERS OF MERCHANDISE: 1 AAA Wholesale Liquidators has been granted the right to sell this merchandise and to enforce the terms and agreements required.

TERMS AND AGREEMENT: A signed copy of the terms and agreements shall be held on file of all parties who purchase merchandise.

METHOD OF FREIGHT TRANSPORTATION: Purchaser will be held responsible for transportation costs from the distribution center(s) and/or warehouse(s). All claims and/or shortages must be submitted directly to the freight carrier.

The Parties to this contract agree that if there is litigation arising out of or from this agreement, this agreement shall be governed by the laws of the state of Florida. The parties to this contract agree that if there is litigation arising out of or from this agreement, the sole and exclusive venue shall be in the state and federal courts located in Broward County, Fort Lauderdale, Florida. If there is any litigation arising out of this contract, the prevailing party in such litigation shall be entitled to recover from the non-prevailing party reasonable attorney’s fees, costs, and expenses.