TERMS AND CONDITIONS OF SALE

American Marine Windows, Inc., hereafter referred to as SELLER, assumes NO LIABILITY for the use of its products and/or services more than the paid invoice amount for the identified item. SELLER agrees to manufacture, service and/or sell, and the buyer (“Buyer”) agrees to buy, the Products or services (as defined below) consistent with these terms and conditions which you agree constitutes a binding sales agreement between SELLER and Buyer (this “Agreement”). SELLER and Buyer are referred to herein as each a “Party,” and collectively, the “Parties.” This Agreement shall further include and incorporate any Sales Invoice, Acknowledgment Order issued by SELLER to Buyer regarding the sale of the Products and/or Services. The Buyer is entirely responsible for determining whether the product and/or services specification is suitable to fully conform with ALL HEALTH AND SAFETY CODES AND CONCERNS applicable to its use. Further, ALL DESIGN & PERFORMANCE REQUIREMENTS remain the Buyer’s entire responsibility even when SELLER provides any information or design assistance. ANNEALED, HEAT-STRENGTHENED, CHEMICALLY STRENGTHENED glasses are NOT SAFETY GLAZING PRODUCTS, and must NEVER be used in those instances where an appropriately certified TEMPERED or LAMINATED glass is required by law, thermal or mechanical load conditions, classification society requirement or applicable codes. THE COMPLETE TERMS AND CONDITIONS OF OUR PRODUCT WARRANTY STATEMENTS ARE AVAILABLE BY WRITTEN REQUEST.

These Terms and Conditions are not an invitation to negotiate. Rather, Buyer agrees that the SELLER’s Terms and Conditions shall apply without reservation to (i) all quotations and offers to sell by SELLER and/or (ii) any acceptance by SELLER of any proposal to purchase or purchase order of Buyer (a “Purchase Order”) for the goods and services sold hereunder (the “Products”). When the Buyer approves the commencement of work through its action including payment in full or part for such goods or services, then preparation for performance of work by Seller under the Sign estimate shall also constitute acceptance of these Terms and Conditions by the Buyer. By purchaser signing the estimate, purchaser specifically is bound and agrees to these complete terms and conditions as well as the concise terms and conditions attached to the estimate. Buyer Acceptance. Buyer accepts this Agreement by (whichever comes first): (a) communicating to SELLER its decision to purchase the Products and/or service/s; (b) delivering a Purchase Order for the Products with quantities and estimated delivery dates acceptable to SELLER; (c) accepting delivery of the Products; or (d) Making a deposit or paying any portion of the price for the Products and/or Services as set forth in the quote and/or subsequent Invoice (as defined below). Buyer agrees that any Purchase Order by or from Buyer is for Buyer’s administrative purposes only and that Buyer disclaims any terms and conditions related to that Purchase Order that Buyer agree shall be null and void in their entirety. No course of prior dealings between the Parties and no usage of trade will be relevant to determine the meaning of these Terms and Conditions. If this Agreement is responsive to a prior offer to purchase in any format from Buyer, and the sale of the Products is accepted by Buyer in any manner set forth above, then Buyer agrees that this Agreement shall be deemed an acceptance of such offer limited exclusively to the material terms and conditions stated in this Agreement, and any additional or supplemental terms or any material variance from the terms and conditions of this Agreement are expressly objected to and rejected. Any non-material variance from the terms of this Agreement proposed by Buyer shall not operate as a rejection of this Agreement, and shall be deemed a part of this Agreement. Buyer remains obligated to pay for products and/or services in production and not shipped or complete if Buyer for whatever reason cancels, suspends, or in any way notifies SELLER that a change shall occur relative to the delivery of products ordered. Buyer understands and agrees that all monies paid shall be for work and/or services already performed. SELLER shall manufacture the Products or provide the services in accordance with mutually agreed upon written specifications of Buyer (the “Specifications”), pursuant to acceptable orders placed by Buyer under this Agreement and as set forth in and attached to SELLER’s Estimate. Buyer grants SELLER the right to use the Specifications for such purpose. The Specifications shall not be changed or altered without written notification to and approval by SELLER. SELLER makes no warranty or representation or guaranty of the Specifications as a result of the delivery of any sample, prototype, product information sheet, sale or marketing material, custom, trade practice, or statement by a representative of either Party. Buyer warrants, that the use of the Specifications will not violate or infringe upon the rights of any third party, including, without limitation, any patent, copyright, trade secret, trademark, contractual, employment, proprietary or confidential information or nondisclosure, or other proprietary rights of any third party. Buyer agrees

 to indemnify, defend and hold harmless SELLER and its affiliates from and against any and all losses, without limitation based upon, relating to or arising out of a claim that the manufacture of the Products using the Specifications infringes any United States or foreign patent, copyright, trade secret or other intellectual property right of any third party. All estimates of expected operational lifetime referenced in any of the Specifications is provided for informational purposes only and SELLER provides no warranty or guaranty that any goods so provided will conform to such statistical, reliability or operational data. Product Pricing. Prices for the Products and/or Services are described on SELLER’s price Estimate/Pro-Forma Invoice, and are effective for the period set forth on the Estimate. Thereafter, prices are subject to change with notice to Buyer. All prices set forth on the price estimate exclude sales tax, and therefore such prices are subject to increase in the amount of any such tax that SELLER may be required to collect or pay upon the sale or delivery of the Products and/or Services. Responsibility of Buyer. It is the responsibility of the Buyer or their designated representative, in consultation with an independent installation professional of their choosing, to determine and approve Frame and/or glass of a specification(s) suitable to meet all factors relevant to their particular use or application. Glass specification(s) include, but are not limited to, product kind, appropriate certifications, glass thickness, caulk, glue, installation techniques, color, coating & surface or primary manufacturer brand (and condition, type, class, style, form, quality, finish, and pattern as applicable), fabrication such as shape cuts, sandblasting, etching, ceramic frit or other spray applied coatings, holes, notches, cutouts, and edge finish, size and shape dimensions; in the case of laminated product; the overall thickness and assembly of component glass products with the interlayer type color and thickness; in the case of insulating product, the overall thickness and assembly of component glass products with spacer and sealant type color thickness and profile and sealed space gas. Factors requiring careful consideration include the local state and national laws, mechanical and thermal loading, classification society design requirements, applicable codes, aesthetics and functionality, framing or mounting systems, compatible glazing materials, glue, caulking installation techniques, tolerances and expansion, breakage or failure scenarios, appropriate safety & health practices, conformance requirements, as well as the reflectance, absorption, and transmission of energy including sound, visible light, heat, and ultraviolet rays. Supply of Materials. It is understood that SELLER is supplying the materials only to manufacture the Products and as such SELLER has not engineered, designed or replaced Buyer’s responsibility to provide for the Specifications. Regardless of whether SELLER provides technical or general technical or mechanical properties for the Products, the responsibility for ordering and specifying the Specifications of the Products rests entirely on and at all times with Buyer. At no time shall SELLER be obligated, either by way of verbal and/or written communications in any manner, whether by fax, email, all offers, quotations, order confirmations or correspondence such as quality assurance documents, international product standards, manufacturer component documents, engineered performance values, 3d and 2d drawing documents, window schedules, construction drawings, engineering drawing, and designer/architectural details with either a direct reference or indirect reference to Buyer’s intended or apparent needs from SELLER, to any additional terms, conditions, product performance and design, unique features and/or behavior that is beyond the Specifications. Buyer Supplied Materials, templates, glass and other materials. While care is exercised to preserve and protect Buyer’s supplied material, SELLER will accept NO RESPONSIBILITY FOR THE LOSS OR DAMAGE OF PATTERNS, TEMPLATES, MOLDS, GLASS, OR OTHER MATERIAL sent to our facility by, or on behalf of, a Buyer. All such material sent to us for whatever reason will be discarded after one year at our option if Buyer fails to seek return of any of these items. Appearance-Color and Coating. Glass of the same generic color and coating may vary in appearance and performance between brands of each primary glass manufacturer. In cases where continuity is desirable, all glass should be coordinated to be made from the same primary glass brand. In addition, small perceptible differences can exist between different runs of the same brand and thickness when compared in close proximity with parallel reflections. The different sky reflections of flat and curved surfaces make differences difficult to perceive from the exterior between bent curved glass and flat glass each made from a single unique run. However, it is still the responsibility of the customer to create and compare full-size glass mock-ups in all cases where continuity is critical. Additional information on appearance and performance may be obtained from the primary glass manufacturers. ALL AGREEMENTS by SELLER are contingent upon strikes, accidents, equipment, raw materials or any other causes beyond SELLER’s control. Handling, Frames & Glass Storage. It is the responsibility of the customer to AVOID IMPROPER