The Customer agrees to abide by the Standard Terms of Sales as shown on True Marker invoices or by an agreement with True Marker governing the Customer’s Account or any other terms of sales upon which True Marker and the Customer should agree in writing. The Customer agrees to pay for all purchases, fees, and other charges incurred by the Customer or an authorized user on any account of the Customer with True Marker, including service charges on past due amounts at the highest rate permitted by law.

True Marker and Customer endeavored to structure any Discounts and Rebates set forth herein as a discount consistent with the Federal Anti-kickback statute, including the statutory discount exception (42 U.S.C. §1320a-7b(b)(3)(A)) and the regulatory discount safe harbor (42 C.F.R. §1001.952(h)), and Customer acknowledges that it must fully and accurately disclose and report in accordance with the statutory discount exception and regulatory discount safe harbor, as well as any other applicable state law or payer reimbursement requirements, any discounts or price reductions provided by True Marker to Customer. Moreover, the Customer must provide information on all discounts and price concessions upon request to Medicare, Medicaid, and other federal or state healthcare programs. Confidential treatment shall be requested for any disclosures made to C.M.S. or Medicare Part D Plans to the extent permitted by law. The Customer shall retain invoices and other documentation of discounts received from True Marker and shall ensure documentation is available to state and federal authorities upon request.

True Marker reserves the right, in its sole discretion, to change a payment term (including requiring cash payment upon delivery) or limit total credit if (i) True Marker concludes there has been a material change in the Customer’s financial condition or any unsatisfactory payment performance; or (ii) Customer ceases to meet True Marker credit requirements or True Marker determines that the Customer is likely to cease meeting such requirements. Upon the occurrence of any above-specified events, True Marker shall be entitled to suspend or discontinue the shipment of additional orders to Customer. The Customer agrees to pay all reasonable attorney fees and expenses or costs incurred by True Marker in enforcing its rights to collect any amounts due from the Customer.

The federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants based on race, color, religion, national origin, sex, marital status, or age (provided that the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has, in good faith, exercised any right under the Consumer.