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Terms and Conditions

These Terms and Conditions of Sale apply to any product(s) purchased directly from All-Terrain Medical & Mobility, LLC. By purchasing such  product(s) Buyer agrees to these Terms and Conditions of Sale. As all statements herein are subject to change, without prior notice, check our website at www.allterrainmedical.com for the latest Terms and Conditions of Sale. If you have questions about this policy, contact our customer service department at  877-255-8371.

Standard Terms and Conditions of Sale

Goods sold by All-Terrain Medical & Mobility, LLC are expressly subject to and conditioned upon the terms and conditions set forth below. Any different or additional terms set forth by Buyer, whether in Buyer’s purchase order or another communication, are expressly rejected and will not be binding on All-Terrain Medical & Mobility, LLC., unless agreed to in writing by an authorized officer of All-Terrain Medical & Mobility, LLC.

Sales and payment terms:

Possession of a price list or other pricing information does not constitute an offer or agreement to sell. All prices, quotations and billing originated by All-Terrain Medical & Mobility, LLC are in U.S. Dollars. All taxes, duties or other fees are the responsibility of the Buyer. Payment is due in Net 30 days only on approved credit. Until credit is approved, payment must be made with the order. Cash in Advance (CIA) or Credit Cards are acceptable. A service charge of 1.5% per month (Annual percentage rate of 18%) will be charged on all past due accounts.

Acceptable forms of payment:

All remittances must be in a single payment in the full amount of the invoice (adjusted for any debit memos approved by All-Terrain Medical & Mobility,  LLC and must be in accordance with the following requirements

• Wire or electronic fund transfer (referencing invoice number) and Buyer must be the    originator of wire.

• Buyer company check (drawn on company account with company name).

• Third-party checks, bank checks, and foreign drafts will be accepted only if approved in advance in writing by the CFO of All-Terrain Medical & Mobility, LLC and must have accompanying documentation that references invoices being paid.

Security interest:

Buyer hereby grants to All-Terrain Medical & Mobility, LLC and All-Terrain Medical & Mobility, LLC reserves, a purchase money security interest in each product sold by All-Terrain Medical & Mobility, LLC to Buyer in the amount of its purchase price. Any such security interest shall be satisfied by payment in full of the invoiced amount. Buyer agrees to execute any and all such documents, including financing statements, as may be necessary for All-Terrain Medical & Mobility, LLC to protect such security interest.

Prices:

Products and services will be invoiced at prices in effect as of date of shipment (invoice date). Prices are not necessarily valid for other current and future sales. Any and all invoice errors must be disputed within 15 days of invoice date and are subject to correction by All-Terrain Medical & Mobility, LLC, at its sole discretion. Prices exclude any present or future federal, state, provincial, local, or other governmental taxes, duties, and tariffs applicable to the sale, transportation, or use of products purchased, all of which taxes, duties, and tariffs shall be paid by Buyer. State Sales tax in the State of Utah is added to the purchase price and where the manufacturer of the goods purchased has a liason to the State the buyer has purchased the products for. All-Terrain Medical & Mobility, LLC will not collect sales and use taxes from governmental institutions, provided an exempt certificate is provided. All-Terrain Medical & Mobility, LLC accepts current, valid sales and use tax exemption certificates. International sales are subject to applicable transportation and import duties, licenses, and fees, or as agreed to by All-Terrain Medical & Mobility, LLC in Buyer’s purchase order.

Change in Buyer’s financial condition:

Buyer agrees to notify All-Terrain Medical & Mobility, LLC in writing of any material changes to its financial condition. All-Terrain Medical & Mobility, LLC reserves the right to cancel an order or require full or partial payment if (1) solvency of Buyer is in question; (2) Buyer files for bankruptcy; (3) there is anappointment of trustee or receiver for Buyer. All-Terrain Medical & Mobility, LLC also reserves the right to cancel Buyer’s credit at any time.

All-Terrain Medical & Mobility, LLC will ship via its preferred carrier. All-Terrain Medical & Mobility, LLC reserves the right to make partial shipments unless specifically stated otherwise on Buyer’s purchase order. All-Terrain Medical & Mobility, LLC will determine the point of shipment. Products may ship from multiple locations.

Excusable delays:

All-Terrain Medical & Mobility, LLC shall use commercially reasonable efforts to deliver all products ordered by Buyer as soon as reasonably practical. In the event of interruption of any such delivery due to causes beyond the reasonable control of All-Terrain Medical & Mobility, LLC, including but not limited to fire, labor disturbances, riots, accidents, or inability to obtain necessary materials or components, All-Terrain Medical & Mobility, LLC shall have the right, in its sole discretion and upon oral or written notice to Buyer, to delay or terminate such delivery.

Freight damaged goods:

Buyer must inspect all goods before signing the delivery receipt. If goods are obviously damaged, the Buyer should refuse the specified damaged

products. If concealed loss or damage is discovered, report it within 24 hours to the delivery carrier. Follow up with written confirmation to the carrier. Hold shipping cartons and contents for inspection in as close to the same condition as they were when the loss or damage was discovered. If the report is not made within in a timely manner, 24 hours after delivery, the burden of proof will shift to the consignee (Buyer) and it will then be the responsibility of the Buyer/consignee to prove that the loss or damage did

not occur after the delivery of shipment. All shipments include a consignee form which clearly states that the consignee must refuse shipment if it is damaged. The consignee has 24 hours to file a claim with the carrier, and not All-Terrain Medical & Mobility, LLC. After 24 hours, the consignee accepts full responsibility for any loss or damage of the shipment.

Shortages:

Buyer must notify All-Terrain Medical & Mobility, LLC Customer Service Department of shortages within 7 business days. All claims for shortages shall be waived and released after 7 business days of receipt. At All-Terrain Medical & Mobility, LLC option, shipment will be fulfilled or a credit will be mailed to Buyer within 30 days of claim receipt.

Limitation of Liability

All-Terrain Medical & Mobility, LLC liability to Buyer on any claim of any kind,
whether as a result of breach of contract, warranty, indemnity, tort (including negligence), strict liability, or otherwise, for any loss or damage arising out of, connected with, or resulting from the transaction, or from All-Terrain Medical & Mobility, LLC performance or breach thereof, or from the design, manufacture, sale, resale, installation, repair, operation, or use of any products furnished herein, shall in no event exceed the price paid by
Buyer for the products which give rise to the claim. Any such liability shall terminate upon the expiration of the applicable warranty period, provided, however, that Buyer’s rights to prove title in the products purchased from All-Terrain Medical & Mobility, LLC shall not terminate. In no event, whetheras a result of breach of contract, warranty, indemnity, tort (including negligence and strict liability), or otherwise, shall All-Terrain Medical & Mobility, LLC or its suppliers be liable for any special, consequential, incidental, direct, indirect, punitive or exemplary damages, including but
not limited to: loss of profit or revenues; loss of use of the products or any associated equipment; damage to associated equipment; cost of capital, substitute products, facilities, or services; downtime costs; or claims of Buyer’s customer for such damage.

Export laws:

Buyer agrees to comply with all applicable export laws, assurances, codes and license requirements, and controls of the United States and other applicable jurisdictions in connection with the use and resale of products sold by All-Terrain Medical & Mobility, LLC including Buyer’s acceptance of responsibility for the payment of any relevant taxes or duties, etc.Governing law:These Terms and Conditions of Sale shall be governed by and construed and enforced in accordance with the laws of the State of Utah. The invalidity or unenforceability of any provision of these Terms and Conditionsof Sale by a court of competent jurisdiction, shall not affect the validity of the remainder of these Terms and Conditions of Sale, which shall at all times remain in full force and effect. Any litigation with regard to these Terms and Conditions of Sale shall be brought in the state or federal courts. Buyer hereby stipulates and consents to the personal jurisdiction of the state and federal courts serving Weber County in Utah.

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