g. Road Dept bridge material purchase

SALES ORDER Page 3 Wheeler Lumber, LLC 9330 James Avenue South Bloomington, MN 55431 Ph: (952)929.7854 or (800)328-3986 Fx: (952)929-2909 Email:info @wheeler-con.com Web:wwwwheeler-con.com CONDITIONS OF SALE-CONTINUED 9.TRANSPORTATION CHARGES. Delivered prices or prices involving competitive transportation adjustments shall be subject to appropriate adjustment to reflect changes in transportation charges. 10.CLAIMS BY BUYER. Claims by buyer must be made within 30 days of receipt of shipment,which Buyer and Seller agree is a reasonable time,or Buyer's claim shall be barred. In addition, Seller must be given an opportunity to investigate the claim before Buyer disposes of the material, or else Buyer's claim will be barred. Seller shall incur no liability for damage, shortages, or other cause alleged to have occurred or existed at or prior to delivery to the carrier unless Buyer shall have entered full details thereof on its receipt to the carrier. 11. MECHANICAL PROPERTIES: CHEMICAL ANALYSES. Data referring to mechanical properties or chemical analyses are the result of tests performed on specimens obtained from specific locations of the product(s)in accordance with prescribed sampling procedures:any warranty thereof is limited to the values obtained at such locations and by such procedures. There is no warranty with respect to values of the materials at other locations. 12. PATENTS. Seller shall indemnify Buyer against attorney's fees and any damages or costs awarded against Buyer in the event any legal proceeding is brought against Buyer by a third person claiming the materials delivered hereunder in itself constitutes an infringement on any U.S. patent,provided Buyer gives Seller prompt notice of any such suit being brought,gives Seller the opportunity to defend any such suit, and cooperates with Seller with respect to any such defense; unless the material is made in accordance with materials, designs, or specifications required by Buyer, in which case Buyer shall similarly indemnify Seller. 13. PERMISSIBLE VARIATIONS.The products sold hereunder shall be subject to Seller's standard manufacturing variations,tolerances and classifications. 14.TECHNICAL ADVICE. Seller shall not be responsible for the results of any technical advice in connection with the design, installation or use of the products sold hereunder, unless expressly agreed to by Seller. 15.TAXES. No tax imposed in respect to the sale of the products sold hereunder is included in any quotation by Seller. Any such tax shall be added to and paid by Buyer as part of the purchase price. 16. BUYER'S RIGHT OF TERMINATION. Buyer may terminate this contract whole or in part upon notice in writing to Seller. Seller shall thereupon, as directed, cease work and transfer to Buyer title to all completed and partially completed products and to any raw materials or supplies acquired by Seller especially for the purpose of performing this contract and Buyer shall pay Seller the sum of the following: (1) the contract price for all products which have been completed prior to termination; (2)the cost to Seller of the material or work in process as shown on the books of Seller in accordance with the accounting practice consistently maintained by Seller plus a reasonable profit thereon, but in no event more than the contract price; (3)the cost F.O.B. Seller's plant of materials and supplies acquired especially for the purpose of completing this contract; and(4)reasonable cancellation charges, if any, paid by Seller on account of any commitment(s)made hereunder. The provisions of this contract shall be without prejudice to the rights of either party for failure on the part of the other party to comply with the provisions of this contract. 17. SELLER'S RIGHT OF TERMINATION. If this contract is made in compliance with any governmental rule or regulation, plan, order or other directive, upon the termination thereof Seller shall have the option of canceling this contract in whole or in part. 18. SELLER'S AUTHORIZED REPRESENTATIVE. It is expressly understood and agreed that no officer or agent or salesperson has any authority to obligate the Seller by any terms,stipulations or conditions not herein expressed;that all previous representations and agreements, either verbal or written referring to the goods which are the subject of this contract are hereby superseded and canceled and that there are no promises,agreements or understandings outside of this contract. Parol evidence will not be admissible to alter,vary or contradict the terms of this contract. 19.WAIVER. Failure or inability of either party to enforce any right hereunder shall not waive any right in respect to any other future rights or occurrences. 20. PRICES. Prices shall be Seller's prices in effect at time of shipment. 21.CONFLICTING PROVISIONS OFFERED BY BUYER. Any terms and conditions of any purchase order or other instrument issued by the Buyer, in connection with the subject matter of this document,which are in addition to or inconsistent with the terms and conditions expressed herein,will not be binding on Seller in any manner whatsoever unless accepted by Seller in writing.