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C Taxes. ePlus will furnish Customer with accurate invoices showing separately itemized amounts due in
<br />respect of any and all sales, use, excise, value added, or Product(s) and Services taxes, due under federal,
<br />state, local or foreign law that are associated with the Product(s) and/or Services purchased by Customer
<br />under this Agreement (however, specifically excluding taxes in the nature of ordinary personal property
<br />taxes assessed against or payable by ePlus, taxes based upon ePlus' net income, ePlus' corporate franchise
<br />taxes and the like) ("Taxes") "), if any, or, in lieu thereof, Customer shall provide ePlus with a certificate
<br />acceptable to the taxing authorities exempting Customer from payment of any such taxes or hereafter be
<br />imposed upon the Service(s) rendered hereunder or any part thereof, but excluding taxes based solely on
<br />ePlus' net income. Customer will pay or reimburse ePlus for all Taxes due under this Agreement and
<br />ePlus will remit those amounts to the appropriate taxing authority. Tax exemption certificates must be
<br />furnished to ePlus prior to Product shipment or commencement of Services if they are to be honored. All
<br />persons furnished by ePlus shall be considered solely employees of ePlus who shall be responsible for
<br />compliance with all applicable laws, rules, and regulations involving, but not limited to, employment of
<br />labor, hours of labor, working conditions, payment of wages, and payment of taxes such as employment,
<br />Social Security and other payroll taxes, including applicable contributions from such employees when
<br />required by law.
<br />8. LATE PAYMENT CHARGE AND DEFAULT.
<br />A. Customer agrees to pay a late payment charge computed at the rate of one and one-half percent (1.5°/a) per
<br />month, or the maximum late payment charge permitted by applicable law, whichever is less, on any unpaid
<br />amount due under this Agreement and/or SOWS. A late payment charge will apply to any amount not
<br />received by the due date and continue until all overdue payments, including late charges, are paid in full.
<br />In the event ePlus must resort to collection, Customer shall be responsible for all collection costs, including
<br />legal fees. ePlus reserves its right to review and revise either the credit or the payment terms based on
<br />Customer's financial condition or payment history at the time of such review, and Customer agrees to
<br />provide all relevant information to effect such review. ePlus further reserves its right to suspend Services
<br />or stop filling Product orders for nonpayment. Provided however, the late payment fee shall not apply to
<br />invoices disputed by the Customer in good faith. In the event an invoice is disputed, the Customer may
<br />withhold all or part of the payment. on the invoice, without liability for breach until the parties resolve the
<br />dispute.
<br />B. If the "Bill To" Party is different from he "Ship To" Party, the "Ship To" Party shall be responsible for all
<br />payments and late fees if the "Bill To" Party fails to make payment. Any communications concerning
<br />disputed debts, including any instrument tendered as full satisfaction of the disputed debt, should be sent to
<br />the Office of General Counsel, ePlus Technology, inc., 13595 Dulles Technology Drive, Herndon, VA
<br />20171.
<br />SHIPPING AND DELIVERY.
<br />A. ePlus agrees to use reasonable commercial efforts to notify Customer if shipping delays occur;
<br />however, ePlus cannot be held responsible for any delays in Product(s) delivery caused by third
<br />parties. Delivery term shall be FOB shipping point. Customer will be responsible for, and will pay, all
<br />shipping, freight, and insurance charges, unless otherwise agreed by the Parties, as well as any taxes,
<br />levies, duties or similar charges. :
<br />B. Except in the case of damaged packaging upon visual inspection, Customer shall not refuse delivery of
<br />Product shipments and, in the case where a Product shipment has been refused, ePlus reserves the right
<br />to charge handling and restocking fees.
<br />C. If damaged Products are accepted from the carrier, such damage should be noted on the carrier delivery
<br />record. Customer should save the Product and the original box/packaging and notify ePlus to arrange
<br />for a carrier inspection and a pickup of damaged products. Customer shall notify its account executive
<br />of any damaged shipping containers within the first two (2) days of receipt. Two (2) days is
<br />considered a reasonable period of time to conduct the visual inspection of the shipping container, and
<br />failure to provide such notice wi~l'constitute acceptance in full. Customer also shall notify ePlus of
<br />any order shortages or any concealed damages within seven (7) business days. These notification
<br />©2010 ePlus Technology, inc.
<br />09/01/10
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