Terms and Conditions of Sale

All sales, agreements for sale, offers to sell, proposals, acknowledgments, and contracts of sale, including but not limited to purchase orders, and subsequent purchases for the manufacturing and shipping of goods or Products by Crafted Plastics (Products) shall be subject to the following terms and conditions:

1. PRICES. Prices, unless otherwise stated, are quoted for immediate acceptance, and are subject to change without notice prior to Purchaser’s acceptance. A price quotation is not valid unless signed by an authorized representative of Crafted Plastics. All price quotations automatically terminate at the expiration of fifteen (15) days from the date on the quotation hereof unless first accepted by the Purchaser. Prices are based upon continuous production in uninterrupted runs of the quantities specified. The furnishing of smaller runs will require an increase in the quoted price.

2. BILLING. Unless otherwise agreed and subject to the terms stated below, Crafted Plastics will invoice upon release and shipment of Products. In the event of bankruptcy, insolvency, sale or potential sale of the Purchaser, or any other financial condition of the Purchaser deemed material by Crafted Plastics within its sole discretion, Crafted Plastics may, at its sole option, invoice for Products not yet released or shipped to Purchaser. Purchaser may not cancel any order for Products or return any Products without Crafted Plastics’ express written consent.

3. PAYMENT. Unless otherwise agreed on all orders and purchases payment will be made within thirty (30) days after the actual date of Crafted Plastics’ invoice. Unless otherwise agreed, a monthly interest charge at the rate of one and one-half (1 ½%) percent will be assessed on all past due payments. Company reserves the right to change payment terms or credit terms at any time as to the subsequent orders.

4. TESTING AND ACCEPTANCE. Prior to the delivery of any Products, Crafted Plastics will perform its standard factory quality assurance tests applicable to such Products, and upon request by Purchaser, Crafted Plastics will certify in writing that the Products have satisfied the requirements of such test. Such certification will be in accordance with Crafted Plastics’ standard quality assurance procedures. Dimensional tolerances, industrial standard will be used, unless otherwise agreed to. All Products will be held to a standard AQL 2.5 Lot sampling unless otherwise agreed. Purchaser will be deemed to have accepted the Products upon satisfactory testing, and title thereto will pass to Purchaser at the time of delivery as specified below. Unless otherwise agreed, Purchaser will pay, or reimburse Crafted Plastics, for all freight and in-transit insurance costs from time of delivery. Company may assist in working out problems concerning de-sign, construction, and composition of a Product, but Company shall not be liable for or on account of any such suggestions adopted by Purchaser in whole or in part.

5. CHANGES/ERRORS. No changes of these terms shall be binding without the written consent of all parties. Typographical and clerical errors are subject to correction. Crafted Plastics’ acceptance of Purchaser’s order is expressly made conditioned upon Purchaser’s assent to all of Crafted Plastics’ terms and conditions. Crafted Plastics objects to any terms or conditions at variance with, different from or additional to the terms and conditions set forth herein unless such terms are set forth in writing signed by a duly authorized representative of Crafted Plastics

6. DELIVERY. Unless otherwise specified, Crafted Plastics will deliver all Products to Purchaser

F.O.B. Sheboygan, Wisconsin. Delivery dates are approximate and will be calculated from the date that Crafted Plastics has received all information necessary to permit it to proceed with work immediately and without interruption. Completion of the manufacturing of Products will also depend upon the availability of raw materials to accomplish such manufacturing. All shipments are held to a standard AQL 2.5 LOT SAMPLING, unless otherwise agreed to.

CRAFTED PLASTICS SHALL BE SUBJECT TO NO PENALTY OR LIABILITY FOR FAILURE TO MEET A DELIVERY DATE AND SHALL IN NO EVENT BE HELD RESPONSIBLE FOR LOSS OF PROFITS, DAMAGES INCURRED BY THE PURCHASER, ITS CUSTOMERS OR OTHER CONSEQUENTIAL DAMAGES THAT MAY RESULT THEREFROM.

7. DAMAGE OR LOSS IN SHIPMENT. In all cases, title to the Products shall pass upon delivery to the carrier at point of shipment and thereafter all risk of loss or damage shall be upon Purchaser. Crafted Plastics shall not be responsible for damage or loss in transit and all claims must be made by the Purchaser direct to the carrier. Claims for shortages or incorrect items of sale must be made in writing within five (5) days after receipt of the shipment by the Purchaser, and failure to give Crafted Plastics written notice within that period shall be unqualified acceptance of the item of sale and a waiver of all claims.

8. WARRANTY. Crafted Plastics warrants that Products will be constructed in accordance with Crafted Plastics’ normal methods of manufacture and to any specific specifications set forth. Crafted Plastics warrants that Products manufactured by Crafted Plastics, when properly used and maintained, will be free from defects in material and workmanship. As to any warranties expressly made herein, any claim by Purchaser on account of breach of warranty shall be deemed waived conclusively unless written notice thereof is given to Crafted Plastics within five (5) days of Purchaser’s receipt of the Products.

PURCHASER’S SOLE AND EXCLUSIVE REMEDY AND CRAFTED PLASTICS’S ABSOLUTE LIMIT OF LIABILITY IN CONNECTION WITH THE ABOVE WARRANTY, ANY LAWSUIT, CLAIM OR CAUSE WHATSOEVER, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY OF RECOVERY, SHALL IN ALL CASES BE STRICTLY LIMITED TO THE FOLLOWING THREE OPTIONS:

1. REPAIRING PRODUCTS OR PARTS OF THE PRODUCTS WHICH PROVE DEFECTIVE IN MATERIAL OR WORKMANSHIP;

2. REPLACING PRODUCTS OR PARTS OF THE PRODUCTS WHICH PROVE DEFECTIVE IN MATERIAL OR WORKMANSHIP; OR

3. CREDITING THE PURCHASER’S ACCOUNT FOR THE AMOUNT INVOICED FOR THE PART OR PARTS OF THE PRODUCTS WHICH PROVE DEFECTIVE IN MATERIAL OR WORKMANSHIP.

THE SELECTION OF OPTION A, B, OR C ABOVE SHALL BE AT THE SOLE AND EXCLUSIVE DISCRETION OF CRAFTED PLASTICS. PURCHASER ACKNOWLEDGES AND AGREES THAT THE REMEDIES SET FORTH HEREIN ARE PURCHASER’S SOLE AND EXCLUSIVE REMEDIES. IN NO EVENT SHALL CRAFTED PLASTICS BE LIABLE FOR ANY PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES TO BUYER OR ANY THIRD PARTY AND ALL SUCH DAMAGES ARE HEREBY DISCLAIMED.

Products may be returned by Purchaser only after written authorization has been obtained from Crafted Plastics, and Purchaser will prepay all freight charges to return any Products to Crafted Plastics’ factory, or any other repair facility designated by Crafted Plastics Products returned to Crafted Plastics under this warranty will become the property of Crafted Plastics With respect to any part of a Product not manufactured by Crafted Plastics, only the warranty, if any, given by the manufacturer thereof will apply.

Crafted Plastics’ obligations under this warranty will not apply to any Product which (a) is normally consumed in operation, or (b) has a normal life inherently shorter than the warranty period stated herein. No warranty is made with respect to (a) failures not reported to Crafted Plastics within five (5) days after receipt of Products by the Purchaser; (b) failures or damage due to misapplication, abuse, improper use or abnormal conditions of temperature, moisture, dirt or corrosive matter; (c) failures due to use, either intentional or otherwise, above the rated capacities or in an otherwise improper manner; (d) any item of sale damaged without fault of Crafted Plastics Crafted Plastics shall not be liable for any expense incurred by the Purchaser in an attempt to correct any allegedly defective item of sale.

Crafted Plastics shall not be liable for any losses, costs, forfeitures and/or any other consequential damages (including loss of profits, liabilities of the Purchaser to its customers or third persons) whether direct or indirect, and whether or not resulting from or contributed to by the default or negligence of Crafted Plastics, its agents, employees and subcontractors, which might be claimed as the result of the use or failure of the item of sale. Crafted Plastics has no notice or knowledge of Purchaser’s end use of the goods and provides no warranty that the goods are fit for any intended use.

THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY. ALL EXPRESS AND IMPLIED WARRANTIES OF EVERY TYPE AND KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WILL NOT APPLY AND ARE EXCLUDED IN ALL RESPECTS AND FOR ALL PURPOSES. CRAFTED PLASTICS’ WARRANTY OBLIGATIONS AND PURCHASER’S REMEDIES HEREUNDER ARE SOLELY AND EXCLUSIVELY AS STATED HEREIN.

9. WAREHOUSING. Unless otherwise agreed, Crafted Plastics at its sole option and choosing may warehouse Products manufactured for Purchaser for a period not to exceed thirty (30) days from the start of manufacturing of said Products. Upon the expiration of the warehousing term for any Products, if Crafted Plastics has not received disposition terms from the Purchaser for such Products, Crafted Plastics shall be entitled to invoice Purchaser for such Products. If Purchaser abandons or is deemed to have abandoned Products in Crafted Plastics’ possession, Crafted Plastics may dispose of such Products in accordance with Wisconsin law.

10. TOOLING. Unless otherwise agreed, Purchaser is responsible to reimburse Crafted Plastics for all costs incurred for the construction of dies and tooling (Tooling). Upon receipt of payment from Purchaser for Tooling, title and ownership of said item(s) passes to the Purchaser. Thereafter, if Crafted Plastics reimburses the Purchaser for any of said costs, ownership of said item(s) reverts back to Crafted Plastics. In consideration of Tooling being quoted on a basis of labor and material only and not at market value, Purchaser agrees to pay a charge of 30 percent above the contract price of said Tooling when and if Purchaser demands delivery thereof. If, after written demand by Crafted Plastics to the Purchaser to remove said item(s) from Crafted Plastics’ premises, the Purchaser does not remove at Purchaser’s costs said item(s) within thirty (30) days of the date of the notice, Crafted Plastics may dispose of said item(s) within its sole discretion. If Purchaser requests Tooling be returned to Purchaser, the Purchaser will reimburse Crafted Plastics for development costs, plus 30% for maintenance of said tooling. Crafted Plastics will maintain tooling in operating condition for normal production unless and until Crafted Plastics gives notice to the Purchaser that it will no longer maintain the Tooling. Company agrees to maintain all Tooling in operating condition during the normal productive life, except that Company’s liability in this regard shall not extend for more than six months after the completion of the most recent purchase order. If any Tooling becomes worn beyond its normal productive life, then the Purchaser shall be responsible for the replacement of the tooling.

11. RAW MATERIAL PURCHASES. In manufacturing Products for Purchaser, Crafted Plastics may be required to purchase raw materials which are specific to the Products (Purchaser RM) and cannot be used in other production by Crafted Plastics. Should Purchaser notify Crafted Plastics that it will no longer purchase Products from Purchaser or Purchaser has not purchased Products from Crafted Plastics for over six months requiring Purchaser RM and there remains a quantity of Purchaser RM, Purchaser shall be responsible for the cost of such remaining Purchaser RM. After receipt by Crafted Plastics from Purchaser of its decision to terminate the purchase of any further Products or failure to purchase as indicated above, Crafted Plastics shall notify Purchaser of the quantity of Purchaser RM remaining and the cost thereof and will then invoice Purchaser for the same. Purchaser acknowledges its responsibility for Purchaser RM and will promptly pay any such invoice received from Crafted Plastics.

12. PATENT INDEMNITY. Purchaser undertakes and agrees to indemnify and hold Crafted Plastics, its shareholders, officers, agents, employees, affiliates, successors, assigns and third- party suppliers (“Crafted Plastics’ Indemnified Parties”) from and against any and all direct and

indirect claims, debts, actions, causes of action, liabilities, losses, suits, demands, finds, penalties, judgments, omissions, damages or expenses whatsoever, including, without limitation, actual attorneys’ fees and costs (collectively, “Damages”) incurred by or against any of Crafted Plastics’ Indemnified Parties due to or arising out of the manufacturing of Products by Crafted Plastics and sold to Purchaser consistent with Purchaser’s plans, specifications, requests or direction. Purchaser agrees to defend against any claims brought or actions filed against Crafted Plastics with respect to the subject of this indemnity and this indemnity shall include any claims based on patent infringements. In case a claim should be brought or an action filed with respect to items manufactured by Crafted Plastics for Purchaser, then and in that event Purchaser agrees that Crafted Plastics may employ attorneys of its own selection to appear for and/or defend the claim or action on behalf of Crafted Plastics at the expense of Purchaser. Crafted Plastics, at its option, shall have the sole authority for the direction of the defense, and shall be the sole judge of the acceptability of any compromise or settlement of any claims or actions against Crafted Plastics Purchaser agrees to reimburse Crafted Plastics for fees and expenses, including attorneys’ fees or costs, incurred in the enforcement of any part of this indemnity within ten (10) days after receiving written notice that Crafted Plastics has incurred such expense. Purchaser agrees to pay Crafted Plastics interest at the rate of twelve (12%) percent per annum in the amount of any loss indemnified against from the date of the loss until such amount, plus interest, is paid. Purchaser further agrees to pay Crafted Plastics interest at the same rate on any sums Crafted Plastics is obligated to pay in the enforcement of this indemnity.

13. TAXES. Any taxes, including but not limited to turnover taxes, duties, fees or other specific assessments which may be levied on the sale of any Products shall be extra and borne by Purchaser and are not part of a quoted price. If Crafted Plastics is required to pay any of the above, Purchaser shall reimburse Crafted Plastics upon notice, or furnish documents with the order which exempts such payment.

14. LIABILITY. The Purchaser agrees to pay on behalf of Crafted Plastics all sums which Crafted Plastics becomes legally obligated to pay because of bodily injury or property damage caused by or resulting from the use or misuse of any item of sale, including reasonable attorneys’ fees and legal expenses. The Purchaser agrees to indemnify and hold Crafted Plastics harmless from all actions, claims or demands by any person, firm or corporation arising out of or in any way connected with any item of sale, its operation, use or misuse, including all such actions, claims or demands based in whole or in part on the default or negligence of Crafted Plastics

15. DEFAULT CANCELLATION. In the event of any default by the Purchaser of any payments owed to Crafted Plastics or any other terms and conditions of sale of Products, or the discontinuance of business by the Purchaser, Crafted Plastics reserves the right, after providing written notice thereof to Purchaser, to cancel any order by the Purchaser for goods, without liability to Crafted Plastics for such cancellation.

16. LAW AND FORUM. The rights and duties of all persons and construction and effects of all provisions hereof shall be governed by and construed according to the laws of Wisconsin (without reference to principles of conflicts of law). The forum for any dispute resolution or litigation shall by Sheboygan County, Wisconsin.

17. REMEDIES. The remedies provided herein will be cumulative and in addition to any other remedies provided by law or equity. A waiver of a breach of any provisions hereof will not constitute a waiver of any other breach hereof.

18. COLLECTION COSTS. Purchaser shall be liable for all of Crafted Plastics’ costs of collection, including reasonable attorneys’ fees, incurred in the event Purchaser fails to pay within the conditions set forth in these Terms and Conditions of Sale.

19. ENTIRE AGREEMENT. These Terms and Conditions of Sale together with any applicable Purchase Order supersede all prior discussions and writings and constitute the entire agreement between Purchaser and Crafted Plastics with respect to the terms and conditions governing all orders. No waiver or modification of these Terms and Conditions will be binding upon Crafted Plastics unless made in writing and signed by a duly authorized representative of Crafted Plastics

20. FORCE MAJEURE. Whenever performance by Crafted Plastics of any of its obligations is substantially prevented by reason of any act of God, strike, lock-out or other industrial or transportational disturbance, fire, natural catastrophes, epidemic, pandemic, quarantine, disease outbreaks, lack or scarcity of raw materials, machinery breakdown or malfunctioning, unavailability of sufficient labor, law, regulations, ordinance, governmental acts or omissions, changes in laws or regulations, war or war conditions, or by reason of any other matter beyond the control of Crafted Plastics, then such performance shall be excused and this Agreement shall be deemed suspended during the continuance of such prevention and for a reasonable time thereafter.

This quotation is not valid unless signed by an authorized representative of Crafted Plastics Inc. It is automatically terminated at the expiration of fifteen (15) days from date unless first accepted by you. Until acceptance or termination, it is subject to change or withdrawal without notice.