These terms and conditions apply to all customers of Formcrete Fiberglass Products, Inc. (the “Formcrete”) whether by purchase order or otherwise. Acceptance by Formcrete of any order or request for services is expressly limited to the terms and conditions set forth below. No one except a duly authorized representative of Formcrete may modify the terms, and any modification must be in writing and signed by such a representative. If these terms are not acceptable, you should notify Formcrete at once.

1. Agreement; Acceptance:

These terms and conditions constitute the entire agreement between the parties hereto and supersede all previous communications, representations or agreements, either verbal or written, between the parties hereto with respect to the subject matter hereof. Formcrete revokes its consent and terminates its agreement to any other terms and conditions. All orders received by Formcrete are subject to these terms and conditions, which exclusively govern the sale of products notwithstanding any conflicting, contrary, or additional terms and conditions in any customer purchase order, acknowledgement, invoice, or other document. Offers to purchase goods or services from Formcrete can be accepted only by an authorized representative of Formcrete. Formcrete is not bound by the customer’s terms and conditions unless such terms and conditions were attached to the customer’s purchase order and expressly agreed to in a writing signed by an authorized representative of Formcrete. Any different or additional terms and conditions proposed in a purchase order or otherwise are hereby rejected by Formcrete and shall not be incorporated into this agreement.

2. Delayed Deliveries / Unforeseen Circumstances:

All delivery dates provided are estimates only and are subject to change. While Formcrete strives to meet estimated delivery timelines, Formcrete does not guarantee specific delivery dates unless explicitly stated in writing by Formcrete. The only estimated delivery date applicable to a customer’s order shall be the one specified in Formcrete’s official sales order confirmation. Formcrete is not responsible for any delays caused by factors beyond our control, including, but not limited to acts of God, war, acts of the enemy, hostilities, civil commotion or sabotage, acts of Government, fires, floods, explosion or other catastrophes, accidents, epidemics, quarantine restrictions, differences with workmen, embargos or other transportation delays of any kind, inability to obtain fuel or other material and delays incurred by Formcrete’s suppliers due to such causes. Any such causes of delay, even though existent on the date of Formcrete’s sales order confirmation, shall extend the time of Formcrete’s performance by a period or periods equivalent to the delays so occasioned and to such further extent as may be necessary to enable Formcrete to make delivery by the exercise of reasonable diligence in view of the circumstances existing after such causes of delay have been removed. Formcrete reserves the right to cancel any delivery in the event of a material adverse change in the availability or cost of materials or in the event of any other material unforeseen circumstances. 2

3. Payment:

Payment is due in full Net 30 days from the date of the invoice. An invoice is considered “paid” by the customer on the date payment is actually delivered to Formcrete by ACH or, if by mail, to Formcrete’s P.O. Box. Formcrete is not responsible for lost or stolen mail or courier packages. Freight costs will be added to the final invoice and are the responsibility of the customer. Additionally, a handling fee may be applied at our discretion to cover packaging, processing, and administrative costs. Late payments shall accrue interest at the rate of 1.5% per month (18% per annum), or the maximum rate permitted by applicable law, whichever is lower, from the due date until paid in full. Formcrete may cancel deliveries of goods if the customer fails to make any payment with due. Formcrete’s rights under this section shall be in addition to all other rights made in accordance with said terms of payment, the customer shall pay to Formcrete all reasonable costs of collection, including reasonable attorney’s fees incurred by Formcrete in collecting sums due on account of the sale.

4. Changes and Deletions:

Formcrete agrees only to sell the quantity of goods set forth in Formcrete’s official sales order confirmation. Changes requested by the customer in quantities, drawings, specifications, or delivery schedules may only be made with the written consent of Formcrete. Any change requested by the customer and consented to by Formcrete which causes a substantial increase in Formcrete’s costs hereunder will result in a fair adjustment on the pricing.

5. Raw Materials and Production Facilities:

Except when otherwise agreed to by Formcrete in writing, Formcrete reserves the right to (i) select the raw materials to be used in the manufacture of the goods, (ii) select the supplier of such raw materials, (iii) select the facility and production line to be used in the manufacture of the goods, and (iv) select the country of origin for (i), (ii), or (iii).

6. Title / Delivery Point:

Delivery shall be made F.O.B. Formcrete’s manufacturing facility in Seminole, OK, unless otherwise indicated. Title to goods and all risk of loss transfer to the customer upon delivery to the freight carrier.

7. Taxes:

The customer shall be responsible for and shall pay all taxes, levies, duties, and other governmental charges arising out of or relating to any order, including, without limitation, sales, use, excise, value-added, goods and services, import, export, customs duties, and any similar direct or indirect taxes imposed by any federal, state, local, or foreign governmental authority. If Formcrete is required to collect or remit an such taxes, tariffs, or duties, the customer shall promptly reimburse Formcrete for the full amount paid or payable. Notwithstanding the foregoing, the customer shall have no obligation to pay or reimburse Formcrete for any taxes based on Formcrete’s net income or employment-related taxes for Formcrete’s personnel. 3

8. Warranty and Returns:

Formcrete does not offer any warranties, express or implied, on Formcrete products. Due to the highly customizable nature of Formcrete products, all sales are final. Once a product has been shipped, it cannot be returned. Formcrete products are designed for specific applications and cannot be resold or reused once shipped.

9. Cancellations:

Due to the customized nature of Formcrete products, Formcrete does not accept cancellations once an order has been placed with Formcrete’s prior written approval. Approved cancellations may be subject to a cancellation fee to cover any work already completed.

10. Limitation of Liability:

Formcrete shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to lost profits, loss of business opportunities, downtime, or third-party claims, arising out of or related to the use, performance, or delivery of Formcrete products, even if Formcrete has been advised of the possibility of such damages. Formcrete’s total liability shall not exceed the amount paid for the specific product giving rise to the claim.

11. Customer’s Indemnity:

The customer shall defend, indemnify and hold harmless Formcrete and its employees and agents against all sums, costs, liabilities, losses, obligations, suits, actions, damages, penalties, fines, interest and other expenses (including reasonable attorney’s fees) that Formcrete may incur that result from (i) the customer’s negligence, use, ownership, maintenance, transfer, transportation or disposal of the goods sold hereunder, (ii) any infringement or alleged infringement of the intellectual property rights of others rising from the customer’s specifications, and (iii) the customer’s violation or alleged violation of any federal, state, county or local laws or regulations, including but without limitation, the laws and regulations governing product safety, labeling, packaging and labor practices.

12. Proprietary Rights:

All products, designs, and components provided by Formcrete are proprietary and customer agrees not to reproduce, reverse-engineer, or replicate the same in any form, or engage, direct, employ, or otherwise cause any other person, including without limitation, any affiliate or third party to reproduce, reverse-engineer, or replicate Formcrete’s in any form. The customer agrees not to create molds, copies, or derivative parts based on Formcrete’s products or engage, direct, employ, or otherwise cause any other person to do the same. Any unauthorized reproduction, duplication, or use of Formcrete’s products, including without limitation, creating molds or tooling, is a violation of Formcrete’s proprietary rights, is a material breach of these terms, and will result in legal action. 4

13. No Waiver:

Any concession or indulgence made by Formcrete or its failure to insist on performance of any of these terms and conditions shall not be considered a waiver of any other terms, whether the same or similar. No waiver by Formcrete of any default or provision hereof shall be deemed a waiver or any subsequent default or provision.

14. Governing Law:

The terms and conditions shall be governed by the laws of the State of Oklahoma. Any legal action shall be resolved in the courts located in Tulsa County, Oklahoma.

15. Severability:

If any provision of this Agreement, or parts thereof, shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.