Concord Components, Inc. Nebraska and New York
63-0004-07
Terms of Sale
Thank you for your interest in Concord Components, Inc. The following provisions set forth the terms and conditions on which
Concord Components, Inc. sells its items.
Terms of Sales: Purchase of any items sold by Concord Components Inc. shall be subject to and expressly limited by the terms
and conditions contained herein. No changes to, waiver of, or addition to any of these terms and conditions shall be effective unless
agreed to in writing and signed by an authorized representative of Concord Components Inc.. Buyer acknowledges and agrees that
these terms and conditions supersede the terms and conditions of any purchase order or other documentation used by Buyer and,
except for delivery and billing addresses, and quantities prices and items ordered, any conflicting or additional terms are void and
have no effect, but that Buyer may place orders by use of purchase orders and other documentation for its convenience purposes
only. Notwithstanding the foregoing, Concord Components Inc. reserves the right at any time to amend these terms and conditions,
and Buyer shall be deemed to accept such amended terms and conditions by ordering items herein offered after the date of such
amendment. Additional special terms and conditions of Concord Components Inc. may be applicable with respect to certain
products.

 
Right of access: **Applies to both Sales from and Purchases from Concord Components Inc.**Concord Components grants the
right of access, by the organization, their customer and regulatory authorities to the applicable areas of all facilities, at any level of
the supply chain, involved in their order(s) and to all applicable records pertaining to their order(s). This includes the right to conduct
both on-site and off-site surveys and audits.

Minimum Order Quantity: All products must be ordered full quantity quoted. Minimum order for any domestic orders is $50.00.
Minimum order for any International order is $100.00. Orders requiring the wiring of funds are subject to a $30.00 bank fee if under
$500.00.

Prices: All pricing quotes must be documented in writing and signed by Concord Components Inc. to be valid. Prices quoted,
unless otherwise stated, refer to quantities requested at time of quote. All prices are firm for 15 days from the date quoted unless
otherwise stated by a representative of Concord Components Inc. at time of quote. Concord Components Inc. reserves the right to
change prices and specifications of its products at any time without notice.

Testing: Any testing, electrical, military or otherwise of any nature must be done at a mutually agreed upon laboratory. If testing is
done without authorization in writing from Concord Components Inc., the Buyer assumes responsibility for all loss should the items
fail in any way. Buyer agrees by accepting these stated Terms and Conditions that should parts be tested without Concord
Components Inc.’s authorization, any request for return will be rejected without further review.

Tax Information: Any tax, duty, custom or other fee of any nature imposed upon the products, their sale, transportation, delivery,
use of consumption shall be paid by Buyer in addition to the price quoted or invoiced. If Concord Components Inc. is required to
prepay any such tax or fee, Buyer will reimburse Concord Components Inc. in full. Buyer must provide a resale/exemption certificate
in order to avoid the withholding of applicable taxes. No refund or adjustment to previously withheld taxes will be made by Concord
Components Inc. sixty (60) days after the invoice date. Proof of certification should be mailed to: Concord Components Inc., 1700
Industrial Dr., Wayne, NE 68787, or faxed to (402) 833-5517.

Payment: Payment terms are set on the invoice, any Net terms are from the date of invoice. Credit card payments will not be
accepted without prior approval from Concord Components Inc. Buyer’s obligation to pay outstanding invoices and all other amounts
is absolute for any reason whatsoever. Balances remaining unpaid at due date are subject to an interest charge of 1.5% per month
or the highest rate permitted by law, whichever is lower, until paid. Any discounts, rebates, administrative fees, credits, or other fees
due or owed to Buyer will be applies against delinquent balances before payment or reimbursement is made.

Any disputed amounts should be reported immediately and remitted with the disputed amount by the payment due date. If Concord
Components Inc. agrees with the billing dispute, Concord Components Inc. will credit Buyer the amount of the agreed-upon billing
dispute. All billing disputes must be made within six (6) months of the applicable invoice date.

Concord Components, Inc. reserves the right in its sole discretion to require repayment from any Buyer at any time and may refuse
to sell and/or withhold further shipment until all overdue balances are made current. Buyer shall be liable for, and shall reimburse
Concord Components, Inc. for all costs and expenses it may occur in connection with collection of any amounts owed to Concord
Components, Inc. or enforcement of its rights, including without limitation, reasonable attorney’s fees and expenses, court costs,
and cost of collection agencies.

Terms and Conditions of Sale and Purchase

Returned Material Policy: All returns are subject to the prior authorization of Concord Components Inc., in its discretion. Buyer
must notify the Sales Representative and complete a Return Material Authorization “RMA” Request Form. The RMA Request Form
requires lot numbers, quantities and serial numbers along with a specific reason for return. After review by management, the request
will either by authorized or denied. Only items appearing on an approved RMA Request Form are acceptable for return. All
authorized items must NOT BE RETURNED COD. Credits for returned goods are conditioned upon Concord Components, Inc.
Inspection and approval of such items upon their return. If Concord Components Inc. determines, in its discretion, that any returned
items are not eligible for return, Buyer will not receive a credit, even if an RMA Request Form was issued. No advanced credit will
be accepted.

Warranty: With respect to disposable products, Concord Components Inc. warrants to the original purchaser that, at time of
delivery, each item sold by Concord Components Inc. has a 30 day warranty for fit, form and function. Any request for extended
warranty must be authorized in writing by Concord Components Inc. Concord Components Inc.’s warranty hereunder shall not apply
if: (i) a product is not used in accordance with the original manufactures specifications; (ii) any repairs, alterations or other work has
been performed by Buyer or (iii) the alleged defect is a result of abuse, misuse, improper maintenance, accident or the negligence of
any party other than Concord Components. The warranty set forth herein is conditioned upon proper storage, installation, use and
maintenance in accordance with applicable original manufacture specifications & ESD compliance.

Concord Component’s sole obligation shall be to replace or reimburse for cost of item only, at Concord Component’s option, any
defective component or item and pay transportation expense for such replacement. Buyer shall provide labor for the removal of the
defective component or item and installation of its replacement at no charge Concord Components Inc. Buyer shall bear all risk of
loss upon receipt of any returned items while in transit. In the event no defect or breach of warranty is discovered by Concord
Components Inc. upon receipt of any returned item, the item will be returned to Buyer at Buyer’s expense and Buyer will reimburse
Concord Components for the transportation charges, labor and associated charges incurred in testing the allegedly defective item.
Except as expressly provided herein, Concord Components Inc. makes no representation or warranty of any kind,
expressed or implied with respect to any products, parts or services not directly provided by Concord Components
including, the sole and exclusive remedy for breach of any warranty is limited to the remedies provided in the paragraph
above.

Concord Components Inc. will use its reasonable efforts to fill orders, but Concord Components shall not be liable for
nonperformance or delays caused by a shortage of items, manufacturing problems, delivery or labor problems, priorities, acts of
regulatory agencies or judicial bodies, discontinuation of a product line, acts of God or third parties, infringement claims, or other
causes beyond its reasonable control. Buyer agrees that in such events, Concord Components may allocate products among all
purchasers as it deems reasonable, without liability. The products are sold subject to Nebraska law. These terms and any dispute or
claim relating to these terms or the sale of products (“Claim”) shall be governed by and construed under Nebraska law,
notwithstanding its law of conflicts of law. If any Claim cannot be settled amicably between the parties, such Claim shall be settled
by the arbitration, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The decision of the
arbitrator(s) shall be final and binding upon the parties and judgment upon the award may be entered in any court having jurisdiction
thereof. Any knowledge or information that Buyer may disclose to Concord Components Inc. shall not be deemed to be confidential
or proprietary information and shall be acquired by Concord Components free from any restriction. Concord Components Inc. shall
not in any even be liable to buyer for any indirect, incidental, special, punitive or consequential damages (including any damage for
lost profits), or otherwise arising out of or in connection with furnishing of products, parts or service hereunder, or the performance,
use of, or inability to use any products, parts or service, or otherwise, whether based in contract, warranty, tort, including without
limitation, negligence, or any other legal or equitable theory. Concord Components total liability for any claim or action shall not
exceed the purchase price of the products out of which such claim or action arose.

 
Damage or Loss in Transit: Identity of items and extent of damage or loss must be noted on Buyer’s copy of delivery documented
by the agent of the transportation company. If damage is discovered after receipt of shipment, notify the transportation company
immediately and request that inspection be made and an inspection report rendered. Concealed shortages or damages within
palletized shipments must be reported to Concord Components within 3 business days of delivery or credit will not be allowed.
Concord Components Inc. will issue a credit for the loss or damage and file a claim with the carrier, providing your request is
promptly forwarded to Concord Components and the item(s) did not ship on the Buyer’s account. A claim request must be
accompanied by a delivery receipt or an inspection report upon which the transportation company has properly noted such damage
or loss.

Count and inspect your freight before carrier departs. Damaged merchandise should not be accepted.
Applicable Law: All questions concerning the interpretation, construction, performance, and enforcement of this contact and
remedies in the event of default shall be resolved in accordance with the laws of the state of Nebraska.
Terms and Conditions of Sale and Purchase
Concord Components, Inc. Nebraska and New York
63-0004-07
Terms of Purchase
1. Definitions: Words, as employed in this Agreement, shall have their normally accepted meanings. The following terms shall
have the described meaning:
(a) “Buyer” shall mean Concord Components Company, Inc. and/or the entity identified as the Buyer in this Contract.

2. Price: (a) Unless otherwise specified, the prices established by this Contract are firm fixed prices. Seller warrants that any unit
prices charged herein do not exceed the unit prices charged by Seller to other customers in substantially similar transactions.
(b) In the event Seller is liable to Buyer for any amounts, Buyer may, at its election, set-off against any amounts payable to Seller
under this Contract.

 
3. Schedule and Delivery; Notice of Delay: Seller shall strictly adhere to all Purchase Order schedules. Time is and shall remain
of the essence in the performance of this Contract. Seller shall notify Buyer, in writing, immediately of any actual or potential delay to
the performance of this Contract. Such notice shall include a revised schedule and shall not constitute a waiver to Buyer’s rights and
remedies hereunder.
4. Inspection and Acceptance: (a) Buyer’s final acceptance of Goods or Services is subject to Buyer’s final inspection within sixty
(60) days after receipt at Buyer’s facility or such other place as may be designated by Buyer, notwithstanding any payment or prior
test or inspection.

5. Penalties Associated with Fraud: This purchase order and activities hereunder are within the jurisdiction of the United States
Government. Any knowing and willful act to falsify, conceal or alter a material fact, or any false, fraudulent or fictitious statement or
representation in connection with the performance of work under this purchase order may be punishable in accordance with
applicable legal statutes. Seller employees engaged in the performance of work under this purchase order shall be informed in
writing prior to performance of work that there is a risk of criminal penalties associated with any falsification, concealment, or
misrepresentation in connection with work performed under this purchase order.

 
6. Rejection: If Seller delivers nonconforming Goods or Services, Buyer may, at its option and Seller’s expense: (i) return the goods
for refund or credit; (ii) require Seller to promptly correct or replace the Goods or Services; (iii) correct the nonconformance; or, (iv)
obtain conforming Goods or Services from another source. Buyer shall specify the reason for any return or rejection of
nonconforming Goods or Services and/or shall describe the action taken. Seller shall be liable for any increase in costs, including
procurement costs, attributable to Buyer’s rejection of the nonconforming Goods or Services. If nonconforming Goods are found to
be suspect counterfeit, Buyer reserves the right to deliver the Goods to the original manufacturer and/or the appropriate authority for
further analysis or destruction. Buyer shall receive full reimbursement for the deemed or suspect counterfeit Goods. Deemed
counterfeit goods will be destroyed by the Buyer or appropriate authority upon verification/analysis/testing. (See also 13. Defective
Product)

7. Changes: (a) By written order, Buyer may from time to time direct changes for: (i) technical requirements; (ii) shipment or packing
methods; (iii) place of delivery, inspection or acceptance; (iv) reasonable adjustments in quantities, delivery schedules or both; (v)
amount of Buyer–furnished property; (vi) time of performance; and, (vii) place of performance. (b) If any such change causes an
increase or decrease in the price or in the time required for its performance, Seller shall promptly notify Buyer thereof and assert its
claim for equitable adjustment within thirty (30) days after the change is ordered, and an equitable adjustment shall be made.
However, nothing in this provision shall excuse Seller from proceeding immediately with the directed change(s). Changes shall not
be binding upon Buyer except when specifically confirmed in a written Purchase Order or Change Order.
8. Force Majeure: The following events, and only the following events, shall constitute force majeure under this Contract: (a) acts of
God or of a public enemy; (b) acts of Government; (c) fires; (d) floods; (e) epidemics; (f) quarantine restrictions; (g) strikes; (h)
freight embargoes; and, (i) unusually severe weather. In each case, the failure to perform must be entirely beyond the control and
without the fault or negligence of the Seller. Each party shall give the other immediate notice of any event that such party claims is a
Force Majeure Condition that would prevent the party from performing its obligations hereunder, and of the cessation of the
condition. A party’s notice under this Section shall include the party’s good faith estimate of the likely duration of the Force Majeure
Condition.

 
9. Termination for Convenience: (a) Buyer may, by notice in writing, direct Seller to terminate work under this Contract in whole or
in part, at any time, and such termination shall not constitute default. In such event, Buyer shall have all rights and obligations
accruing to it either at law or in equity, including Buyer’s rights to title and possession of the goods and materials paid for. Buyer
may take immediate possession of all work so performed upon notice of termination. (b) Seller shall immediately stop work and limit
costs incurred on the terminated work. (c) If such termination is for the convenience of the Buyer, Buyer, after deducting any
amount(s) previously paid, shall reimburse Seller for the actual, reasonable, substantiated and allowable costs with the total amount
to be paid by the Buyer being determined by negotiation.

10. Termination for Default: (a) Buyer may, by written Notice of Default to Seller, terminate this Contract in whole or in part, or, at
Buyer’s sole discretion, require the Seller to post such financial assurance as Buyer deems reasonably necessary, if the Seller fails
to: (i) deliver the goods or to perform the services within the time specified in this Contract or any extension; (ii) make progress, so
as to endanger performance of this Contract; or, (iii) perform any of the other provisions of this Contract.
(b) Buyer may require Seller to transfer title and deliver to Buyer, in the manner and to the extent directed by Buyer, any partially
completed goods and raw material, parts, tools, dies, jigs, fixtures, plans, drawings, services, information and contract rights
(Materials) as Seller has produced or acquired for the performance of this Contract, including the assignment to Buyer of Seller’s
subcontracts. Seller further agrees to protect and preserve property in the possession of Seller in which Buyer has an interest.
Payment for completed goods delivered to and accepted by Buyer shall be at the Contract price. Payment for unfinished Goods or
Services, which have been delivered to and accepted by Buyer and for the protection and preservation of property, shall be at a
price determined in the same manner as provided in the Termination for Convenience provision hereof except that Seller shall not
be entitled to profit. Buyer may withhold from Seller moneys otherwise due Seller for completed goods and/or Materials in such
amounts as Buyer determines necessary to protect Buyer against loss due to outstanding liens or claims against said goods and
Materials. (c) Seller shall promptly notify Buyer if Seller is the subject of any petition in bankruptcy. In the event of Seller’s
bankruptcy, Buyer may require Seller to post such financial assurance, as Buyer, in its sole discretion, deems necessary. Failure to
post such financial assurance upon ten (10) days written notice shall constitute a default under this Contract. The rights and
remedies of Buyer in this clause are in addition to any other rights and remedies provided by law or under this Contract.

 
11. Disputes: The provisions of this Contract shall be interpreted in accordance with the laws of the State of Nebraska without
resort to said state’s Conflict of Law rule, and in accordance with its fair meaning and not strictly against either party. Pending final
resolution of a dispute hereunder, Seller shall proceed diligently with the performance of this Contract and in accordance with all the
Terms and Conditions contained herein and with the Buyer’s direction thereof. Buyer and Seller shall each bear its own costs of
processing any dispute hereunder.

 
12. Release of Information to Public: Seller shall not, without the prior written consent of Buyer, make any release of information
concerning this order or any other information related to Buyer (other than to Seller’s employees and subcontractors that is required
for the performance of their duties), including copies of this order or identifying the items sold by Seller to Buyer, nor use the name
of Buyer in any advertising or publicity, except as may be necessary to comply with proper legal demand.
13. Defective Product: Seller must guarantee a return for all defective products. a) Goods rejected by Buyer for whatever reason
shall be held, transported and/or stored at Seller’s sole expense. Seller shall promptly reimburse Buyer for any such expenses. B)
Defective product purchased COD will be returned COD to Seller or COD check will be cancelled, at Buyer’s discretion. c) Seller is
responsible for all costs associated RoHS noncompliance returns and will accept a full return for all parts not meeting RoHS
compliance criteria if necessary. d) Seller is 100% responsible for all monetary and/or rework costs associated with product failures
in addition to any further cost whatsoever associated with product failures. e) If suspect parts/counterfeit parts are furnished under
this agreement such parts shall be impounded by Buyer. Buyer may provide a sample batch to Supplier for verification and
authentication. In addition, Buyer reserves the right to send such items to the appropriate manufacturer and appropriate authorities
for investigation. f) Seller shall be liable for all costs relating to impound, investigation, removal, or replacement of
suspect/counterfeit parts.

14. Complete Agreement: The Purchase Order clearly indicating a link to these terms and conditions, also which includes any
supplementary sheets, schedules, exhibits, and/or attachments annexed hereto by Buyer, contains the complete and entire
agreement between the parties with respect to the subject matter of this contract, when accepted by acknowledgement,
commencement, or performance. It supersedes any other communications, representations or agreements whether verbal or
written. This Purchase Order may be accepted only on all the terms and conditions herein stated. Additional or different terms
proposed by the Seller shall not be applicable, unless accepted in writing by the Buyer and made a part of this order. No
acceptance by Buyer of or payment for goods ordered hereunder shall be deemed a waiver of the foregoing or an acceptance of
any additional or different terms contained in any acknowledgement, invoice, or other form sent or delivered by Seller to Buyer.

15. Products, Methods, and Processes: Any knowledge or information which the Seller shall have disclosed or may hereafter
disclose to the buyer incident to the placing and filling of this purchase Order shall not, unless otherwise specifically agreed upon in
writing by the buyer, be deemed to be confidential or proprietary information, and accordingly shall be acquired free from any
restrictions (other than restrictions which may derive from a valid patent.)

16. Applicable Law: All questions concerning the interpretation, construction, performance, and enforcement of this contact and
remedies in the event of default shall be resolved in accordance with the laws of the state of Nebraska