TERMS AND CONDITIONS OF SALE Revised December 18, 2023 Performance by Amthor Glass, Inc. (“Seller”) of any purchase order or other request (“Order”) from _____________, (“Buyer”) to purchase products and services from Seller (the “Products”) is expressly conditioned upon Buyer’s acceptance of Seller’s terms and conditions (the “Terms and Conditions”) as hereinafter set forth with respect to the Products. Buyer’s acceptance of Seller’s Quote for the Products shall be deemed to constitute its acceptance of the Terms and Conditions:

1. OFFER AND ACCEPTANCE. Only these Terms and Conditions shall govern Orders. Any terms and conditions included in any Order or other documentation of Buyer (or which are posted on Buyer’s website or included in an email transmission, or which are communicated by Buyer orally, in writing, electronically, or through any other medium) which conflict with, deviate from or add to these terms and conditions shall be void and unenforceable unless Seller has duly approved them in writing. Clerical errors are subject to correction. These Terms and Conditions may only be modified in writing signed by a duly authorized representative of Seller.

2. PRICE, PAYMENT, CREDIT TERMS AND CANCELLATION. Unless otherwise agreed to by the parties in writing, Seller accepts Orders subject to completion when available, at Seller’s prices in effect on the shipment date. Terms of payment are 30% deposit with balance due upon completion of work unless other terms have been previously decided upon. Prices are listed on Seller’s Quote to Buyer for each Order and are calculated based on square footage to the next even inch. Shapes, patterns, fabrications, energy surcharges and labor are additional costs and are subject to review by the Seller periodically. All Quotes are subject to Buyer’s credit approval by Seller. Seller in its sole discretion may: (i) refuse to ship the Products identified in any Quote; (ii) modify the Payment Terms identified therein; (iii) cancel without penalty or charge any Order for the Products in its Quote; or (iv) require payment in advance of delivery, if Seller requests and is unable to secure acceptable payment assurances from Buyer. Any Order shall immediately terminate at the sole option of Seller without the necessity of written notice should Buyer be declared insolvent, file a petition in bankruptcy, make a general assignment to its creditors, or be dissolved or liquidated. If payment is not received by Seller when due, any outstanding amount shall bear interest at the monthly rate of 1.5% (18% per year) or, if less, the highest rate permitted by applicable law, until paid in full. Buyer also shall pay to Seller all expenses, including reasonable attorneys’ fees and court costs, incurred by Seller in enforcing any of its rights to payment for the Products purchased by Buyer.

3. TAXES. Any tax, excise or governmental charge imposed on the production, sale, use or transportation of, or value added to, any Product which Seller may be required to pay (other than income or gross receipts taxes of Seller) shall be paid by Buyer in addition to the purchase price. Buyer shall provide Seller with completed exemption certificates for any tax from which Buyer claims an exemption.

4. SHIPMENT. All shipping information transmitted to Buyer, including shipping and delivery dates, represents only Seller’s best estimates. In the event that Seller encounters delays in obtaining equipment, materials or services, the shipping schedule will be extended as reasonably necessary to accommodate such delays. Seller’s current practice is to receive Products at its physical location. Seller may offer the option for delivery in its own delivery trucks at an additional charge unless previous terms were agreed upon between the Seller and the Buyer. Upon arrival and placement of the delivery vehicle (the “Equipment”) at the delivery point, Buyer will be responsible, at its own risk and expense, for promptly unloading the Products from the Equipment, in a manner that does not damage the Equipment, and for promptly releasing the Equipment empty and in a condition suitable for loading by Seller. All delivery racks will remain the property of the Seller.

5. DELIVERY TIME. Delivery dates are approximate and are subject to variation without notice. No delivery shall occur until Seller has received all details from Buyer necessary to execute the Order. Seller shall use reasonable efforts to schedule delivery as close as possible to Buyer’s requested delivery dates. Seller shall not be liable for failure to deliver on such dates, or for any loss or damage to Buyer or others as a result of any delay or change in the delivery time regardless of the cause. Delay in delivery of one installment shall not entitle Buyer to cancel other installments.

6. DESIGN SERVICES. The Seller may provide design services at the Buyer’s expense. These services may be highlighted as a separated charge or included within the Product pricing. When design is a separate charge, design fees shall be billed at the rates listed within the Amthor Glass Shop Drawing Drafting Services – Standard Terms and Conditions. In cases where the Seller shall not be installing, it is the Buyer’s responsibility to approve final design before submission for fabrication unless other terms have been previously decided upon. This approval must be in writing and can be done in person, via email or via fax. Upon submission for fabrication, changes may not be able to be made to the order. If changes are made, these charges will be passed along to the Buyer. In the event changes cannot be made, the Seller shall be fully reimbursed for work performed and materials thus far. Buyer shall be responsible for new materials required to address changes in the order.

7. ACCURACY OF SIZING In instances where the Buyer shall not be utilizing the Sellers installation services, the Buyer shall be solely responsible for accuracy of the dimensions of the Products. Cut sizes may have a margin of error of +/- 1/16”. This is a considered a standard margin of error and does not entitle the Buyer to an adjustment of size or new Product at the Seller’s expense. Product shall be cut to square conditions unless Buyer has provided a template or other means of noting the out of square conditions. Products cut to square conditions that do not work because the Buyer’s conditions are out of square shall not entitle the Buyer to an adjustment of size or new Product at the Seller’s expense. If Products do not work with the Buyer’s provided dimensions, the Seller retains sole discretion to either adjust the size or provide a new Product at the Buyer’s expense.

8. INSTALLATION. Installation of the Products is to be completed by the Seller. Unless otherwise agreed to, labor shall be billed at a variable rate which is determined by location of the job and the number of technicians required as determined by the seller. This rate shall be no less than $75 per person per hour (“one person-hour”). If the job is to be completed in the Seller’s shop, the rate shall be no less than $40 per hour unless previous terms have been agreed to. Time shall not be prorated and Buyer may be charged a 1 hour minimum based on the Seller’s discretion.

9. PERMITS, LICENSES AND FINES. When the Seller has been contracted for installation of products, the Buyer shall be responsible for all Permits, fees for Permits and fines if a Permit is not present. If a stop work order is issued by the municipality due to a lack of Permits, Buyer shall be responsible for correcting this and the fines accompanying the stop work order. Seller shall not be held liable, fiscally or in any other means, for any delays in construction due to a stop work order. If Buyer chooses to cancel the work in response to a stop work order, the cancellation policy in these Terms of Sale shall apply.

10. CANCELLATION. Buyer agrees that Orders are not subject to cancellation except by prior written consent of Seller and with full reimbursement to Seller for work performed and materials used therein.

11. INSPECTION AND CLAIMS. Buyer shall inspect and test all Products delivered hereunder for damage, defect or shortage upon receipt and before use or incorporation into any manufacturing or other process, and shall notify Seller of any damage, defect, or shortage within ten (10) days of receipt. Buyer assumes all risks for use of nonconforming Products or using Products in a manner inconsistent with the Products physical properties. Buyer shall provide Seller with such photographic proof of defects in, or damage to, Products as Seller may request.

12. LIMITED WARRANTY. The Warranty for each type of glass sold by Seller is attached hereto and shall apply to the applicable type of Product. Seller warrants that the Products are manufactured in accordance with ASTM standards and tolerances and shall conform to the applicable Warranty or such other specifications, if any, that have been agreed to by the parties in writing. Seller’s maximum liability under this warranty shall be to repair existing Products, deliver replacement Products, or to refund the purchase price as Seller elects. Seller assumes no responsibility for glass breakage, incompatibility with other products, faulty installation, abnormal weather conditions or damage caused by external factors or components, or any other occurrence that is outside the Seller’s scope of work or subsequent to the transfer of the Products to the Buyer. The warranty period of the replacement Products will be limited to the remainder of the warranty period of the applicable original Products.

THE FOREGOING EXPRESS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NO LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY OTHER WARRANTY OBLIGATION ON THE PART OF THE SELLER. SELLER LIABILITY. IN NO EVENT WILL SELLER BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT LOSSES OR DAMAGES,

ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS. SUCH EXCLUDED LOSSES AND ITEMS INCLUDE, WITHOUT LIMITATION, COSTS OF REMOVAL AND REINSTALLATION OF ANY PRODUCT OR COMPONENT, LOSS OF GOODWILL, LOST PROFITS, DELAY AND LOSS OF USE. SELLER’S LIABILITY ON ANY CLAIM OF ANY KIND FOR ANY LOSS OR DAMAGE SHALL IN NO CASE EXCEED THE PURCHASE PRICE OF THE PRODUCT WHICH GIVES RISE TO THE CLAIM. SELLER SHALL NOT BE LIABLE FOR PENALTIES OF ANY KIND.

13. BUYER’S REMEDIES. If the Products furnished to Buyer are defective, Buyer must notify Seller in writing, and Seller has ten (10) days from written notification by Buyer to attempt to cure or remedy the defects. If Seller determines it is unable to cure the defects in the Products and Buyer has notified Seller within ten (10) days of receipt of Products, Seller shall replace such nonconforming Products at the original point of delivery and shall furnish instructions for its disposition. Buyer’s exclusive and sole remedy with respect to the Products that are defective shall be to secure the replacement of said Products only.

14. RETURN OF PRODUCTS. Buyer agrees not to return Products for any reason, except with the written consent of Seller obtained in advance of such return, which consent, if given, shall specify the terms and conditions upon which such return shall be made.

15. EXPORT/IMPORT. Buyer agrees to comply with all applicable import and export controls, laws and regulations. Notification of destination and end user to Seller is required with respect to all Products to be shipped overseas.

16. NOTICES. Notice by either Seller or Buyer shall be by personal delivery, prepaid mail, express courier service, or facsimile addressed to the other Party at its address in this Agreement, and will be considered given upon receipt when personally delivered, three days following the time it is deposited with the U.S. Postal Service when mailed, or the next business day when sent by express courier service, or on the first business day following facsimile transmission, when faxed with a receipt confirmation.

17. SEVERABILITY AND WAIVER. Should any provision hereof be or become illegal or unenforceable, the remaining provisions shall remain in force and be binding upon the parties. Any waiver by a party of the other’s breach of any term or condition hereof shall not be construed as or be deemed to be a waiver of any future breach of such term or condition.

18. ASSIGNMENT. Neither party may assign its rights or obligations under any Order, whether by operation of law or otherwise, without the express prior written consent of the other party.

19. GOVERNING LAW AND VENUE. All Orders will be governed by, and construed in accordance with, the laws of the State of New York without regard to conflict of law provisions, and the parties hereto agree and consent to the exclusive jurisdiction of the state and federal courts in New York.

Accepted and agreed to this ___ day of ____________, in the year_____ by Buyer, by its duly authorized representative. INSERT NAME OF BUYER By: ____________________________ Name: _________________________ Title: ___________________________