Full Spectrum Premium 2 (FSP4)

1. SALES TAX: Buyer shall be responsible for all sales tax or other applicable taxes, other than income taxes, as well as necessary shipping, storage, or handling costs, if any, incurred in connection with the sales order.
2. PAYMENT OBLIGATIONS: Big Sky Scientific, L.L.C. (the “Company”) shall invoice Buyer upon notification the Product(s) are ready for shipment or are ready for pickup. Buyer shall, at the time of the Sales Order is accepted, pay in full (100%) on the total value of all Product contemplated in a Sales Order, unless credit terms are established. Buyer agrees that, unless agreed to and otherwise provided for in writing by the Parties, the Company shall not ship any Product, or allow pickup, until full payment has been made. If Buyer fails to make a payment due under this Sales Order within 10 days after the final payment’s due date, Buyer shall pay Seller a late payment fee of five percent (5%) of the total purchase price for the Product on the Purchase Order. Thereafter, interest shall accrue on Buyer’s outstanding payment obligations at the rate of two percent (2%) per month, compounding monthly, or the highest allowable rate under Montana law. If Buyer has not completed payment within three (3) months of the date of the final payment invoice for the Product, such Product shall be considered abandoned and Buyer shall have no further right or title to the Product. In the event Buyer utilizes a credit card or debit card (“Card”) to pay for the Product, Buyer authorizes the Company to charge the full amount reflected on this sales order to the Card that Buyer provides in connection with this sale. Buyer agrees that, except as otherwise provided herein, all Card payments to the Company are nonrefundable. Buyer further agrees that it shall not initiate or request any chargeback or associated amounts (a “Chargeback”) from the Card issuer, the issuing bank, or the Card processor. In the event Buyer violates this provision, it shall be solely and exclusively responsible for any Chargeback and for reimbursing the Company in full, within seven (7) days, in the event of any Chargeback.
3. DELIVERY/RISK OF LOSS: The Company shall either ship the Product to the provided address or provide for pickup at the Company’s specified facility as provided for in the Sales Order. Title and risk of loss will transfer from the Company to the Buyer upon shipment of the Products. If Buyer chooses to pick up the Product at the Company’s facility after processing, then title and risk of loss will transfer to Buyer at the earlier of: (i) time that Buyer picks up the Product, or (ii) five business (5) days after the Company notifies Buyer of the availability of the Product for pick up.
4. The Company and the Buyer shall maintain, and shall cause its agents to maintain, all records necessary to comply with all applicable laws relating to the sale, storage and shipment of the Product. All such records shall be maintained for such period as may be required by applicable governing jurisdiction’s laws.
5. Neither Party shall use, or authorize others to use, the name, symbols, or marks of the other in any
advertising or publicity material or make any form of representation or statement with regard to the services provided hereunder which would constitute an express or implied endorsement by such other of any commercial product or service without the other’s prior written approval.
6. The Company, in the Company’s sole discretion, shall determine whether or if any Products placed in the market by any party must be withdrawn or recalled from the market. In the event that the Company
determines a recall is necessary, Buyer agrees to comply with the Company’s recall procedures.
7. RIGHT OF INSPECTION: Upon the Company supplying Products to Buyer pursuant to this Sales Order, Buyer shall have seven (7) days to inspect such shipment of Products upon receipt to verify such shipment’s conformity to the specifications provided by the Company as of the time the Product was delivered to Buyer. If Buyer alleges that any portion or all of any shipment of the Products did not conform to the specifications provided as of the time it was delivered to Buyer (each non-conforming Product, a “Defective Product”), and the Company agrees with the claim, then Buyer shall be entitled to reject such portion that includes Defective Product. Buyer shall notify the Company in writing if the shipment of Products includes Defective Product that existed at the time of the delivery of the Products. Such notification shall be made as soon as reasonably practicable after discovery of the nonconformity, but not later than seven (7) days after delivery. Such notice shall: (i) specify the reasons for rejection, and (ii) contain the testing results and methodology used to determined non-conformance of the Finished Products. If Buyer does not so reject the Products within seven (7) days after delivery, Buyer shall be deemed to have accepted the Products. If notice of rejection is received by the Company, Buyer shall cooperate with the Company in determining whether such rejection is justified. The Company shall notify Buyer as soon as reasonably possible, b