Altek Terms and Conditions of Sale

1. Applicability: All agreements and purchase orders are subject to Altek's Standard Terms and Conditions of Sale unless otherwise agreed to in writing and signed by representatives from Altek (Seller) and Customer (Buyer).

2. Non-cancelable/non-returnable: All items purchased from Altek are non-cancelable/non-returnable. Due to the custom unique nature of products/services provided once confirmed, orders cannot be cancelled. Cancelation requests are subject to Seller’s prior consent. If cancellation is allowed, Buyer agrees to pay to Seller all reasonable expenses incurred up to the point of cancelation.

3. Fulfilment Quantity – with the variability in manufacturing processes utilized seller cannot guarantee 100% fulfillment of order quantity. In many cases to compensate for the variability seller may have excess inventory at the time of fulfillment. As a result seller may have a fulfillment quantity +/- 10% of the original order quantity.

4. Regular Orders: Discrete Purchase orders for a specific item, quantity and delivery date are considered regular orders. Regular orders are limited to a single shipment per item. The customer has the flexibility to purchase multiple products (items) on one purchase order.

5. Blanket Orders: An order for item(s) that covers a specific period of time (not to exceed 90 days from first shipment) for a specified quantity with multiple specified/scheduled delivery dates. Scheduled shipments (unless otherwise agreed to) are to be in multiples of box quantities and not to exceed shipment frequency greater than one time per month.

6. Date Reschedules: In the event that buyer wishes to adjust a delivery date for a confirmed order, buyer shall contact appropriate seller representative with requested adjustment. Modification requests are subject to Seller’s prior consent. If modification is allowed, Buyer agrees to pay to Seller all reasonable expenses incurred up to the point of modification.

   1. Altek may allow a date to be rescheduled out. This may result in additional warehousing fees.

   2. Altek may allow a date to be rescheduled in. In order to support the new requested date, an expedite fee may

      apply to cover additional costs associated with reduced lead-time (i.e. overtime, expedited shipments for

      materials and service, etc.).

   3. Altek will only allow a single reschedule per order. Multiple reschedule requests (if honored) may result in

      additional administrative fees in addition to any fees associated with above order reschedules.

   4. Rescheduled orders (if approved) must be followed up with a revised purchase order demonstrating agreement

      to proposed changes.

7. Pricing:
specified. Pricing is stated in US Dollars. Features not defined (i.e. mold texture) on the quote or order acceptance is not included in the sale price of an item, goods or service.

Pricing is defined in the quote provided by Seller. Quotes are valid for 30 calendar days unless otherwise

1. Sales Tax: It is the Buyers responsibility to notify Seller of sales tax exemption (if applicable to order) at the time of placing the order.

2. Payment Terms: Standard credit terms are Net 30, unless otherwise agreed to by Buyer and Seller. All credit terms are subject to approval by Seller.

3. Lead-times: Lead-times presented on the associated quote are best estimates given the information available at the time of quote. Lead-times can and will vary dependent upon material availability and capacity at time of order. In the event of a blanket order lead-times apply to the first shipment.

4. Shipping Terms: All sales shall be EXW (EX Works) unless there is written agreement stating otherwise.

5. Customer Property Liability: When Seller retains possession of a Buyer’s property (i.e. molds, tools, fixtures, materials, etc.) for the convenience of the Buyer, Seller will take reasonable steps to protect Buyers property. It is the Buyers responsible to insure their property against any potential loss. Seller agrees to maintain all molds for the life span as defined by a mold classification. Seller will store property for the customer provided production is active. Seller reserves the right to assess a storage fee for property that has been inactive for more than six consecutive months.

6. Design Input: Seller may provide suggestions concerning design and construction of product(s) and may suggest various types of materials but will not assume any responsibility or liability for these design suggestions or material suggestions if approved by the customer. It is the Owner of the design’s responsibility to test and validate the impact of any suggestions.

Revision Date: 11/27/2017 Rev: 3

1. Indemnification: Buyer agrees to indemnify and hold Seller, owners, directors, officers, employees and affiliated entities harmless against any claim arising directly or indirectly by the use or application of the product. The indemnification and hold harmless obligations of this clause shall survive termination between Buyer and Seller for any delivery of products.

2. Intellectual Property Liability: The Buyer agrees to indemnify and hold Seller harmless against any claim resulting from unintended infringement of patents or trademarks, or other intellectual property.

3. Quality Standards: Seller warranties products for compliance to customer specifications. In the event of an escape, a non-conforming product, Seller requests to be notified within 90 days of receipt of product/service. Seller requests notification to be submitted with the following information: a statement of non-conformance related to a specification, purchase order number from which the product was originally purchased, Sellers manufacturing lot number, and any additional relevant information. Upon receipt of the notification, with requested information, Seller will investigate request and determine the next course of action.

4. First Article Acceptance: First Article samples submitted shall be deemed approved if written notice of rejection is not received within two weeks after date of submittal or if Seller receives a purchase order for production parts after FAI has been submitted; whichever occurs first.

5. Force Majeure: Seller shall not be considered in default or liable for any delay or failure to perform its obligations to the extent that such delay or failure arise directly or indirectly out of an act of fire, flood, explosion, war, civil or military authority, strikes, lockouts, slowdowns, picketing boycotts, trade disputes, quarantine restrictions, delays of carriers or suppliers, governmental action, acts of nature, acts of God, or by any other circumstances beyond its reasonable control and not involving any fault or negligence of the party affected. Seller will not assume responsibility for damages, which result from failure to deliver at time specified.

6. In the event of a dispute or litigation between Seller and Buyer, the Buyer agrees such litigation shall be held in Spokane County Superior Court.

Revision Date: 11/27/2017 Rev: 3