MAS - Performix Business Services LLC - GS02F0156X

Terms and Conditions

1. Performix Business Services, LLC. takes the following exceptions to the terms and conditions of the contract:

List exceptions taken or "None"

|X| Check box for confirmation

2. The following Special Item Numbers (SINs) are currently on contract:

SIN 339940

3. State the negotiated method for price escalation for the base period and option periods of additional product(s)/service(s).

For Base Period previous Option Periods, pricing was based on Commercial Pricing, however vendor is currently a Transactional Data Reporting (TDR) participant, therefore pricing escalation will be reviewed for pricing reasonableness via electronic Market Pricing Analysis.

The following chart reflects all agreed upon pricing, whether accepted as proposed or negotiated. The data also includes other proposed or negotiated discounts, e.g. volume discounts, prompt payment terms, etc.

Performix Business Services, LLC. understands that the Industrial Funding Fee must be set aside for remittance to GSA on a quarterly basis.

SIN

Government (GSA) Option Period 2

Discounts:

· Basic or Range

Discounts:

· Quantity (units) 0.5% 11-100 items 1% 100+ items 0.5% 11-100 items 1% 100+ items

Discounts:

· Volume ($)

1-2 day expedited 3 - 5 days ARO 1-2 day expedited

Net 30 days 1% - 10 days;

Net 30 days

Defective product – Product will be warranted for 360 days with replacement.

Non-defective product – 0-30 days can be returned for a full refund. 31-180 days subject to re-stocking fee of 20%.

Customer’s must obtain a return authorization number. No product will be accepted without prior authorization.

Defective product – Product will be warranted for 360 days with replacement.

Non-defective product – 0-30 days can be returned for a full refund. 31-180 days subject to re-stocking fee of 20%.

5. Please state the Basis of Award. Performix Business Services, LLC. understands that should it deviate from the established pricing policies disclosed in this offer and disturb the discount relationship with the established Basis of Award, the terms of GSAM clause 552.238-75 PRICE REDUCTIONS apply.

N/A – vendor is a participant in TDR, therefore the Most Favored Customer (MFC) price / discount relationship and Basis of Award (BOA) does not apply.

6. All commercial business practices have been fully disclosed and are current, accurate and complete as of the conclusion of negotiations.

7. Any contractor travel required in the performance of this contract and orders placed hereunder must comply with the Federal Travel Regulations, as applicable, in effect on the date(s) the travel is performed. Established Federal Government per diem rates will apply to all contractor travel. Contractors cannot use GSA city pair contracts. The contractor shall not add the Industrial Funding Fee to travel costs.

8. Please note that the contract administrator is responsible for overall compliance with contract clauses including GSAM Clause 552.238-74, INDUSTRIAL FUNDING FEE AND SALES REPORTING. The contractor's designation of representatives to handle certain functions under this contract does not relieve the contract administrator of responsibility for compliance in these areas. Therefore, any contract compliance issues, including those concerning compliance with contract clauses, may be addressed directly to the contract administrator.

List contract administrator(s)

Name: Priya Jain Title: Business Development Phone: 952-893-0143 eMail: priya@performixbiz.com Authority: Authorized to Sign

Name: Sunil Bafna Title: Owner Phone: 952-893-0143 eMail: sbafna@performixbiz.com Authority: Authorized to Sign

POC/ Contact for Contract Administration(s): (List all contract administrators)

Name: Priya Jain Title: Business Development Phone: 952-893-0143 eMail: priya@performixbiz.com Authority: Authorized to Sign

9. Performix Business Services, LLC. has an adequate and auditable recording system capable of sales tracking and submission of the IFF.

10. Minimum Order: $100

|X| Confirmation or insert revised amount, non-negotiable above $100.00.

11. Participation in the Disaster Recovery Program: |_| Yes or |_| No

12. Trade Agreements: Performix Business Services, LLC. is aware of clause 52.225-5 – Trade Agreements and will ensure all items under contract comply with this clause.

13. Inappropriate Use: Performix Business Services, LLC. understands that this contract shall only be used for the services listed in the above referenced solicitation and that inappropriate use of the contract for other than what is within scope of this schedule may subject them to penalties provided by statute and regulation.

|X| Offeror Confirmation

14. Government Credit Card: As stipulated by Clause 552.232-77, Payment By Government Purchase Card, vendor will accept the Government purchase credit card for purchases equal to or less than the micro-purchase threshold; however, vendor |X| will or |_| will not accept the Government purchase credit card for purchases over the micro-purchase threshold.

Performix Business Services, LLC. is currently accepting purchases above and below the Micro- Purchase threshold

15. 552.238-73 CANCELLATION (SEP 1999) Clause. I-FSS-639 CONTRACT SALES CRITERIA (MAR 2002)

(a) contractor will ensure sales continue to meet or exceed the $25,000 / year requirement stated in the Contract Sales Criteria clause.

(b) The Government may cancel the contract in accordance with clause 552.238-73, Cancellation, unless reported sales are at the levels specified in paragraph (a) above.