Commencement of work of any or all items (which includes without limitation, raw material, piece parts, subassemblies, secondary operations and services) or performance or shipment of all or any portion of this order shall constitute acceptance by the seller of this order upon the terms and conditions and prices set forth herein.

RIGHT OF ENTRY

KomTek Technologies an its customers and regulatory agencies reserve the right of entry to any place necessary to determine and verify the quality of the contracted work, records, and material.

EQUAL OPPORTUNITY

The seller warrants that all goods and services are produced in compliance with all government equal opportunity regulations.

WARRANTIES

In addition to all warranties, expressed or implied, established by statutes or common law or set forth in this order seller hereby expressly warrants that all goods and services covered by this order will conform to all specifications, drawings, samples and any other description, furnished or adopted by seller will be of best quality and sufficient for the purpose intended and free from all patent and latent defects. The warranties of the seller together with its service warranties and guarantees, if any, shall run to the purchaser and its customers for a period of one year after acceptance, unless the seller has a standard warranty in excess of one year in which the longer warranty shall control.

SHIPPING

Each package or shipment must be accompanied with a packing slip showing our purchase order number, our part number, item, quantity and weight where necessary. Our order number and item must appear on the invoice and bill of lading. We reserve the right to cancel all or any part of this order upon which deliveries have been delayed beyond our specified time and charge seller with any cost incurred unless deferred shipment has been authorized.

INSPECTION

All articles or services shall be subject to inspection and test by buyer or its authorized representative. Buyer shall have the right to reject product or services, which are in any way defective or are not in conformity with the purchase order. All costs relating to and risks connected with product or services shall be removed

INSURANCE

Seller will maintain at its own expense adequate automobile and property insurance and workman’s compensation in accordance with state regulations. The seller further agrees that in furnishing materials or the performing of any service under this order that it will hold harmless and defend the buyer from any and all claims by others, not caused by negligence of the buyer, and will assume all costs and expenses in connection therewith.

ASSIGNMENT

Seller shall not assign or subcontract this purchase order or any rights hereunder without the consent of the purchaser.

DELIVERY

Time is of the essence in this contract and if delivery of items or rendering of services is not completed by the time promised purchaser has the right without liability and in addition to its other rights and remedies, to terminate this contract by notice effective upon receipt by seller as to stated items not yet shipped or services not yet rendered and to purchase substitute items or services elsewhere and charge seller with any loss, expenses, or incidental or consequential damages incurred or suffered. Shipments sent C.O.D. without purchases written consent will not be accepted.

PAYMENT

Regardless of shipment or payment terms, payment for any article hereunder shall not be deemed an acceptance hereof. If payment by installments is permitted under this order. Seller waives any right to accelerate the amount due by reason of a failure by Purchaser of whatever duration to pay one or more installments.