Orders/Pricing
KMG Digital (hereafter KMG) extends net pricing only to customers listed as direct KMG dealers. All orders are subject to acceptance by KMG at its home office address.

KMG Digital
300 State St., Suite 404
Rochester, NY 14614-1019
(866) 855-8060
FAX (585) 279-9097

Orders may be received by KMG via mail, phone, fax, or electronically and order confirmation will be made to Customer. All prices are subject to change without notice. No adjustments will be made for price changes. Shipments are not made direct to consumers on customer orders. No drop shipments will be made without prior KMG approval.

General Conditions
If at any time it becomes necessary to discontinue shipments to a KMG customer, revoke or modify any of the provisions of these terms and conditions, or to allocate distribution of KMG products, we will take whatever action is, in our sole opinion, fair and appropriate. These terms and conditions shall govern in spite of inconsistencies in terms, conditions, or pricing shown on invoices or other customer documents. Any deviations from standard net pricing, such as temporary reduced price promotions, will be communicated to KMG customers in writing.

Taxes
KMG will bill appropriate tax on all orders unless Customer has furnished a valid exemption certificate. Omission of tax by KMG should not be construed as a basis for tax exemption. Purchaser is required to remit taxes to the appropriate taxing authority if product is used or sold in a taxable manner.

Payment Terms
All sales are subject to KMG prior approval and unless otherwise specified, all shipments within the domestic United States will carry terms of Net 30 days DOI.

Billing Errors
Any errors in invoicing must be immediately reported to KMG. Requests for adjustments must be made within 30 days of receipt of invoice. Claims for disputed early payment, must be received by KMG with full supporting documentation within 6 months of the invoice date. Claims for disputed billing, advertising, display and promotional allowances and any other discrepancy must be received by KMG no later than 6 months after the calendar year in which the dispute arose.

Deductions
If a Customer does not pay an invoice in full, an explanation must be provided by the customer with complete documentation. This explanation should accompany the payment or be received in writing before payment is due.

Right of Offset-Accounts Receivable
KMG and its Customers agree to respect each others right of offset in the settlement of the Customer's account. Amounts owed by KMG for program allowances such as advertising, display, promotional expenses and other sell through activity approved by KMG, or for pre-authorized product returns, may be netted against invoice amounts Customer owes KMG for products purchased.

Prepaid Shipping and Handling
Shipment (freight) costs will be prepaid to KMG customers on all orders with a billed value of $3,000.00 or more, in case quantity, and made to single pre-approved domestic locations from KMG regional warehouses.

This prepaid plan applies only to normal orders accepted by KMG. Exempt from prepayment are orders requiring special handling or shipment made at customer request by methods other than those chosen by KMG. Orders which qualify for prepayment will be made FOB point of shipment with transportation prepaid to destination.

Carrier selection and transportation method will be selected by KMG. Orders which do not qualify for this prepayment plan will be shipped prepaid, but additional charges will be added to the invoice. Should KMG backorder product to Customer against an order which originally qualified for prepayment, these backorders will be shipped prepaid regardless of billed value.

Transportation Policy
Transportation costs on Customer orders will be prepaid if the billed order value before taxes is $3,000.00 or more, quantities ordered are in case lots and shipment made to a single U.S. domestic location.

Customer "Ship to Arrive" by Orders. Customer requirements for specific "Ship to Arrive on ____" dates will be honored where possible to do so. Lead times will be determined by KMG based upon carrier provided information. KMG cannot guarantee delivery since delivery is determined by the carrier and not under KMG control. If required to use a specific carrier or method other than KMG's normal choice, freight will be prepaid, however, charges will be added to the invoice.

Shipping Discrepancies

Any errors in shipping or in quantities received must be reported to KMG immediately upon receipt. Requests for adjustments against concealed shortages within cartons must be reported within 30 days of receipt of shipment.

Returns Policy
KMG products are sold without return privileges except where products are determined to be defective in manufacture, packaging, damaged in shipment, or shipped in error by KMG.

Under unusual circumstances and with prior return authorization (RA# provided), KMG may at its sole discretion accept small overstock quantities for return provided the product is in original condition. Product will be shipped back freight prepaid by the Customer to KMG's distribution center or location of choice. Handling and repackaging fees may apply and will be determined on a case by case basis.

KODAK Trademarks, Trade Names, and Trade Dress
KMG is a licensed distributor of KODAK Media Products. "Kodak" and the package designs for Kodak Media Products are trademarks of Eastman Kodak Co. Sale of KODAK Media Products to KMG customers is done with the understanding that Kodak trademarks, trade names, trade dress, and original packaging will not be misused.

KMG Trademarks, Trade Names and Trade Dress
KMG products which are not sold under the KODAK Media Products brand will have KMG Trademarks, Trade Names, and Trade Dress. Sale of these products is made with the understanding that the KMG Trademarks, Trade Names and Trade Dress will not be misused.

Warranty and Limits of Liability
The products are sold without any warranty or liability except that which is expressly stated on, packaged with, or accompanies each product.

KMG products are manufactured to high quality specifications and warranted to be free from defects in manufacture, packaging and labeling. KMG disclaims all other warranties expressed or implied, including implied warranties of merchantability or fitness for a particular use.

In the event of a breach in the above warranty, KMG's sole obligation, and the buyer's exclusive remedy, shall be replacement of the defective product, even though the defect damage or loss was caused by KMG negligence or other fault. In no instance will KMG be liable for incidental or consequential damages.

Customer Service
KMG Digital
300 State St., Suite 404
Rochester, N Y 14614-1019
(585) 279-9087
(866) 855-8060
Fax (585) 279-9097

KMG Distribution Centers
Distribution Centers are Open Monday through Friday, 8:00AM - 5:00PM Local time. Shipping Points - Unless otherwise indicated, all KMG Products are shipped from the Distribution Centers listed below:

North East Region
Nippon Express - Secaucus
70 Seaview Drive
Secaucus, NJ 07094
(732) 721-4723

South East/Mid West Region
Nippon Express - Atlanta
5176 Pelican Drive
Atlanta, GA 30349
(770) 996-0702

Western Region
Nippon Express - Rancho Dominguez
2333 E Pacifica Place
Rancho Dominguez, CA 90220
(310) 241-1600