Sales Terms and Conditions Policy

MITSUBISHI IMAGING (MPM), Inc.

HIGH SPEED INKJET PAPER SALES TERMS AND CONDITIONS POLICY

This document sets forth Mitsubishi's standard Sales Terms and Conditions governing all orders of Mitsubishi products. It is not a complete listing of all policies, up-charges, special terms, etc. If you have questions or need additional information, please contact our Customer Service Department. This document is subject to change without notice.

Order Placement

All purchase orders (each, an “Order”) are required to be in writing, and can be sent electronically via email or fax. All orders must have complete information including the contact name, company name, address to be billed, Ship To address if different from the Bill To address, paper grade, weight, finish, size, quantity, price per CWT, packing, delivery and end use. Any special packaging requirements must accompany the Order in writing with all detailed information.

Delivery dates are required at the time of order placement. Orders are accepted as specified on Mitsubishi's email acknowledgment issued by the Customer Service Department. Any difference between the acknowledgment and the Order must be communicated to the Customer Service Department within 48 hours from the time the acknowledgment is sent. Ship and delivery dates on the order acknowledgment are considered requested dates and are not guaranteed. Every effort will be made to fulfill the requested delivery dates.

All mill container direct purchase orders (“Mill Direct” Orders) are due on or before the 5th day of each month and will be shipped approximately 60 days from the Order date. Shipping time will vary based on the delivery point. If the Order is shipping directly to the End User, a secondary shipping address is mandatory on all Orders. This is to prevent any receiving issues at the time of the delivery.

All Stock purchase orders will be subject to availability. Orders received by the Customer Service Department by 4:00PM EST will ship out the next business day. Any Order received after 4:00PM EST will ship by the second business day. Any same day delivery Orders must be received by 10:00AM EST, and will incur a same day fee of $50.00.

Minimum Order Quantity

Mill Direct orders must be ordered in full 20ft Container load per paper grade. A 20ft container is greater than 17 metric ton for SWORD, or 16 metric ton for PREMIER and VALUE IJ.

Order Acknowledgements

All purchase orders are subject to a written purchase order acknowledgement (each, an “Acknowledge-ment”), which will be emailed to Customer and initiates the order. An Acknowledgement constitutes Mitsubishi's acceptance of the Order and serves as the final agreement between parties, superseding all prior price quotes and communications. If Customer objects to the Acknowledgment, the objection must be in writing and delivered to Mitsubishi within 48 hours of Customer's receipt of such Acknowledgement. Subsequent revisions to the Acknowledgement may be made only upon the written agreement and acknowledgement by Mitsubishi and the Customer. Mitsubishi's acceptance of every Order is expressly limited to, and made conditional on, Customer's assent to the terms and conditions of sale as outlined in these Sales Terms and Conditions Guidelines, which are included with the Acknowledgment. Mitsubishi objects to and rejects any additional or different terms proposed by Customer not specifically accepted in writing by Mitsubishi.

Order Change Requests

Orders will be considered firm and binding once the Acknowledgment has been sent by Mitsubishi to the Customer. A change in the amount or the grade must be requested in writing by Customer and subject to Mitsubishi's written approval, in Mitsubishi's sole discretion. Additional fees will be applied for the storage and handling of delayed shipments and/or a change in delivery appointment occurs. Consult the Customer Service Department with any request to change Orders.

Stock orders may be changed up to 2:00PM the same day the Order is placed. For requests that come after 2:00PM, consult a Customer Service Representative. A $250 fee may be applied to the order if Mitsubishi incurs additional charges resulting from the change request.

Order Cancellations

Except as otherwise provided herein, any Mill Direct Order cancellation requests must be made by the Customer, in writing, within 48 hours after Mitsubishi sends the Acknowledgement to the Customer. After 48 hours from the Acknowledgement the Order cannot be cancelled, changed or withdrawn.

For any stock order, please refer to Order Change Requests, as noted above.

Trial Orders

Trial orders are subject to availability and will be subject to the Mitsubishi stock purchase order upcharge as listed in the Pricing section herein. If an Order for the grade is placed within 60 days after the trial, a credit memorandum will be issued for the cost of the trial paper.

Splice Policy

Roll direction: Top side is wound outside. Roll start: Secured with tape Splice: Max. 1 per roll

Pricing

Mitsubishi's Sales Administration department will provide price quotes upon request. All price quotes will be held only for 30 days. There will be an upcharge of $2.50 per cwt for Stock Orders. Converting fee is $15.00 per cwt, with a 3 roll minimum when being slit from a Master Roll. Please contact Mitsubishi's Sales Administration department for details and availability. Standard lead time for all converting is 5 to 7 business days. Pallet charge is $25.00 per pallet for poker chip or rolling position. Prices and up-charges are subject to change without prior notification. Prices are firm only if all product ships within 30 days of receipt of the Order. Container Orders are based on a 20ft Container Load and can be priced FCL port of New York, Chicago or Los Angeles or direct delivery.

Warranty of Products

Mitsubishi warrants that all Products manufactured shall be free from defects in material and workmanship for a period of six (6) months from the date of delivery, and shall conform to Mitsubishi's published specifications for the particular product, samples and descriptions. THIS IS THE ONLY WARRANTY OR REPRESENTATION RESPECTING ALL PRODUCTS, AND THE SOLE BASIS FOR LIABILITY RESPECTING QUALITY, PERFORMANCE, DEFECTS, REPAIR AND DELIVERY OF THE PRODUCTS. Mitsubishi products are warranted to meet the Mill's standard quality tolerances. If any defective product is found it should be identified to Mitsubishi immediately. (See section on Claim Procedure below.) Mitsubishi, at its sole discretion, will either replace the defective product or credit the account of the Customer in the amount equal to the price paid by the Customer for such defective products. Customer shall retain such defective product and shall provide Mitsubishi, or its representatives, a reasonable opportunity to inspect such products. Mitsubishi will not be responsible for any conforming or nonconforming product that is not used in accordance with published instructions or is used for a purpose not indicated on the labelling or has been damaged by the negligence or faulty use or improper alteration, storage or handling of such products by the Customer or a third party contracted by the Customer. THIS UNDERTAKING BY MITSUBISHI IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES WHETHER WRITTEN, ORAL, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Limited Liability

Mitsubishi's liability to Customer for damages under or in connection with any Order by Customer and all product sold or delivered by Mitsubishi shall be limited to the aggregate amount actually paid by Customer for the Products. MITSUBISHI SHALL IN NO EVENT BE LIABLE TO THE CUSTOMER FOR THE LOSS OF PROFITS, GOOD WILL OR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND.

Applicable Law and Jurisdiction

These Sales Terms and Conditions and all Orders and Acknowledgements shall be construed, interpreted, and enforced in accordance with the laws of the State of New York applicable to purchase orders and sales made and to be performed within the State of New York without regard to conflicts of law principles.

Claims Procedures

Claims for quality defects must be submitted within 30 days of encountering a problem, but no later than 90 days from invoice date. All claims should be given to the Customer Service department and should include the following information:

• Purchase Order Number and Invoice Number.
• End User Name and Address.
• Item number, description, including grade, size, gsm, lot number, and roll number.
• Press information, type and press settings at the time of the claim, including where on the press the problem occurs with dates and times of the occurrence.
• Exact nature of the problem.Storage and handling conditions at the plant including temperature and relative humidity of the plant. Mitsubishi will not be responsible for problems occurring during or caused by storage or use in uncontrolled humidity surroundings.

Mitsubishi will use every effort to resolve all complaints in a timely manner. Mitsubishi, at its sole discretion, will either replace the defective product or credit the account of the Customer in the amount equal to the price paid by the Customer for such defective products. Customer cannot withhold payment on any invoice related to a pending claim. Customer debits issued prior to Mitsubishi credit authorization will not be honored.

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Best printing results achieved in a standard climate of 23°C and 50% relative humidity. For problem-free running, always store the product in original packaging and protect it from direct sunlight and moisture. Before using our medium, check its suitability on your printer and for your planned application. We can assume no liability resulting from technical changes in printers and/or inks. Changes in the product design due to technical developments will not be announced in advance.

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Return Procedures

All requests to return a product must be submitted in writing within 30 days of shipment, and are subject to written approval by Mitsubishi, in Mitsubishi’s sole discretion. All approved returns must be in good condition with the original packaging and labels and will be subject to a restocking fee of $20.00 per cwt, with a mini-mum of $500.00, plus freight charges. Mitsubishi will not accept return of Container direct shipments or size specific orders. Mitsubishi reserves the right in its sole discretion to refuse returns of any damaged product.

Freight Policy

Mitsubishi has a Zone freight policy for orders shipping from our three regional DC’s (Los Angeles, CA, Chicago, IL, and Dayton, NJ). A full truckload is defined as 35,000 lbs for rolls and sheets. Less than truckload (LTL) is less than 35,000 lbs. All LTL shipments will be required to ship on pallets and are subject to a $25 per pallet charge.

Minimum Order Freight Fees

Orders of 5,000 lbs or less will incur a minimum freight fee of $250.00 or the Zoned rate above, which-ever is greater.

Transit Damage

The consignee is responsible for inspection of goods received and for reporting damage to the trucking company. A signed statement for damage and BOL (Bill of Lading) must be obtained from the carrier and a claim filed promptly with Mitsubishi Customer Service Department. Any concealed or hidden damage to the product must be reported to Mitsubishi Customer Service Department within 30 days of receipt.

Mitsubishi will not be responsible for extra transportation charges resulting from:

1. Customer requests for a particular carrier or routing.
2. Customer’s inability to accept regular over-the-road trailers.
3. Special services such as inside deliveries.
4. Detention, refusals, storage and delivery not caused by Mitsubishi oversight or action.

Freight Terms

All shipment of product from Mitsubishi domestic stock shall be EXW Mitsubishi warehouse(s), plus any additional freight/service charges, as listed in this document.

All Mill direct shipments CIP.