ADDITIONAL TERMS AND CONDITIONS OF SALE

This Sale of Goods Agreement (the “Agreement”) is entered into on the date of Buyer’s execution of said Purchase Order Form Rev: 03/01/2021, (the “Effective Date”), between FLINT IMPORT ARMS, LLC, (“Seller”), with mailing address at 6526 S Kanner Hwy., Suite 158, Stuart, Florida 34997 and the Buyer as identified in the Purchase Order Form. Seller and Buyer are individually referred to as a “Party” and collectively as “Parties

In consideration of the mutual covenants and conditions set forth herein, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Parties agree as follows
1 DEFINITIONS:
a. The term “Goods” means a qualified product
b. The term “qualified product” means a firearm, including an antique firearm, or ammunition, or a component part of a firearm or ammunition, that has been shipped or transported in interstate or foreign commerce, as used in 15 U.S.C. §7903(4).
c. The term “manufacture” with respect to a qualified product, a person a person who is engaged in the business of manufacturing the product in interstate or foreign commerce and who is licensed to engage in business as such a manufacturer under chapter 44 of title 18, as used in 15 U.S.C. §7903(2).
d. The term “person” means any individual, corporation, company, association, firm, partnership, society, joint stock company, or any other entity, including any governmental entity, as used in 15 U.S.C. §7903(3).

2 PURCHASE ORDERS; PRICING; PAYMENT; TAXES AND FEES
a. PURCHASE ORDERS. Each Purchase Order Form shall be considered a separate binding agreement with Seller. Buyer shall order Goods in accordance with the terms and conditions of this Agreement. Orders for the purchase of Goods (“Purchase Orders”) must be submitted to Seller by facsimile, Seller’s internal electronic ordering system, or email. Each Purchase Order shall specify (i) the quantity of Goods being ordered, (ii) unit prices for the Goods, (iii) total value for the Goods, (iv) total purchase price in U.S. currency, (v) initial deposit required to process order, (iv) remaining balance due prior to delivery, (vii) and purchase order terms. Receipt dates must be during the term of the Agreement, except Buyer may request, and Seller may elect to accept in its sole discretion, a Purchase Order with a requested receipt date after the expiration or termination of this Agreement, in which case the terms and conditions of this Agreement shall apply to such shipment, but under no circumstances should such shipment be deemed to be or construed as being a renewal or extension of this Agreement.
b. EXECUTION OF PURCHASE ORDERS. Buyer must execute the Purchase Order Form within 72 hours after it has been presented by Seller in order to secure the quantity and unit price presented. Buyer’s failure to execute the Purchase Order form shall not bind the Seller to the term and conditions thereof, and shall be considered a material obligation.
c. NO CONFLICTING TERMS. The Parties agree that the terms of this Agreement shall prevail over any conflicting terms and conditions in any Purchase Order or any other instrument or document provided by the Buyer. Any additional or different terms or conditions in any Purchase Order or other instrument or submission from the Buyer shall be deemed objected to by Seller without the need of any further or additional notice of objection, and such additional or different term shall be of no effect or in any way binding upon Seller.
d. ACCEPTANCE OF PURCHASE ORDERS BY SELLER. Only Purchase Orders submitted by an authorized representative of Seller are acceptable. Purchase Orders submitted by Buyer hereunder shall not be binding on the Seller, unless executed by the Seller. Any automatic or computer-generated response to a Purchase Order by Seller’s automated response system or otherwise shall not be deemed acceptance of a Purchase Order. Notwithstanding the foregoing, Seller reserves the right to refuse, cancel or delay delivery of any Purchase Order placed by Buyer and accepted by Seller when Buyer is delinquent in payments or when Buyer has failed to perform any of its material obligations under this Agreement.
e. PRICING; PAYMENT. The price of the Goods shall be the price reflected on the Purchase Order Form executed by the Buyer. The price for the Goods covered by this Agreement includes transportation costs from the manufacturing plant to a designated port of entry, freight, insurance and special handling and packaging, or any required federal, state or local sales or other taxes (except for taxes based on Seller’s net income), duties, export or custom charges, VAT charges, brokerage or other fees, for which costs Seller shall be fully responsible at the time said Purchase Order Form is executed. Buyer shall have no right of set-off or withholding, and no deduction of any amounts due from Buyer to Seller shall be made without Seller’s prior, express written approval.
f. TAXES AND FEES IMPOSED AFTER EXECUTION. Any increase in taxes, duties, tariffs, fees and other governmental charges of any kind which are imposed by or under the authority of any government on the imported Goods after the Purchase Order Form has been executed by Buyer, shall be borne by Buyer and included, added to, and considered a part of the Total Purchase Price.
3 DELIVERY.
a. DELIVERY; TITLE AND RISK OF LOSS. All Goods acquired by Buyer under this Agreement will be packaged for shipment in by Seller’s manufacture. The Goods shall be delivered to a designated port of entry, (the term “designated port of entry” may include any seaport, airport, or land border port of exportation), as designated by Seller, and title to and risk of loss of the Goods will pass to the Buyer upon such delivery by the Seller. Delivery of the Goods shall occur after Customs and Boarder Protection (“CBP”) has cleared and released the Goods for importation into the United States. Seller will notify Buyer of the estimated delivery date of the Goods at the designated port of entry. Buyer shall give notice to Seller at least three (3) days’ notice before Buyer desires to take possession of the Good
b. INLAND FREIGHT BY BUYER; FEES AND COSTS. At Buyer’s own expense, Buyer must arrange for the cost to transport the Goods from the designated port of entry to Buyer’s inland point of destination. Buyer shall furnish the equipment and labor for loading the Goods onto any transportation vehicle. In the event Buyer fails to timely pick up the Goods at the designated port of entry, Buyer shall be responsible for any storage charges, fees, costs, or other applicable charges placed by any private or government agency in accordance with State or Federal law.
c. BUYER’S ACCEPTANCE OF SHIPMENT. Buyer shall have five (5) days, from the date the Goods arrive at the designated port of entry to inspect the Goods. Buyer must notify Seller within three (3) days of any issue regarding the Goods, including but not limited to, any discrepancies in the quantity or quality of the Goods, and provide a detailed description of the non-conformity, defect, damage, or other reason for Buyer’s election of rightful rejection, as to the whole, or as to any commercial unit or units. Failure by Buyer to put Seller on notice as required under this paragraph shall be considered an acceptance of all the Goods.
d. SELLER’S RIGHT TO DELAY OR CANCEL. The Parties agree that any stated delivery dates are approximate and that delivery of any Goods ordered from Seller under this Agreement may be delayed for a period of time sufficient to allow Seller to manufacture and assemble or otherwise acquire the Goods for Buyer. The Parties further agree that Seller shall not be held liable to Buyer or any other party for any losses, damages, penalties, or expenses for any delay in delivery of the Goods. Notwithstanding any other terms contained in this Agreement, Seller reserves the right to refuse, cancel or delay any shipment to Buyer if any amounts due to Seller are outstanding. Such refusal, cancellation or delay of any shipment shall not be deemed a breach or default of this Agreement by the Seller
e. INSUFFICIENT QUANTITIES; PATENTS. If for any reason, the quantities of the Goods or of any materials used in the production of the Goods reasonably available to Seller shall be less than Seller total needs for its own use and for sale, Seller may allocate its available supply of products among its existing or prospective purchasers and/or its own departments, divisions and affiliates in such manner Seller deems proper in Seller’s sole discretion, without thereby incurring liability on account of the method of allocation determined or its implementation or for failure to perform this Agreement. Seller reserves the right to discontinue deliveries of any Goods if, in Seller’s opinion, the manufacture, sale or use of the Goods would infringe upon any U.S. patent, trade mark or design now or hereinafter issued, registered, or existing and under which Seller is not licensed.

4 DISCLAIMER OF EXPRESS AND IMPLIED WARRANTIES
Seller warrants that the Goods are as described in this Agreement, but no other express warranty is made with respect to the Goods. If any model or sample was shown Buyer, that model or sample was used merely to illustrate the general type and quality of the Goods and not to represent that the Goods would necessarily conform to the model or sample
THE GOODS SOLD UNDER THIS AGREEMENT ARE PURCHASED BY THE BUYER “AS IS” AND SELLER DOES NOT PROVIDE ANY WARRANTY FOR THE GOODS, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES THAT THE GOODS ARE OF MERCHANTABLE QUALITY OR THAT THE GOODS CAN BE USED FOR ANY PARTICULAR PURPOSE
Buyer acknowledges that it has not been induced by any statements or representations of any person with respect to the quality or condition of the Goods and that no such statements or representations have been made. The Buyer acknowledges that it has relied solely on the investigations, examinations, and inspections as the Buyer has chosen to make and that the Seller has afforded the Buyer the opportunity for full and complete investigations, examinations, and inspections.

5 MANUFACTURER LIMITED WARRANTY. Seller makes no warranties or representations to Buyer or any other person with respect to the Goods or any services provided to Buyer or any other person except as set forth in Manufacture’s Limited Warranty, (the “Limited Warranty”). Unless otherwise specified new ammunition offered herein is warranted for two years to:
a. Meet the technical data specification sheet provided to Buyer, and/or attached to the Purchase Order Form; and

b. produce the ballistic characteristics (velocity, pressure, accuracy) found in Annex 2 within a test firearm under controlled conditions
6 EXCLUSION OF WARRANTIES.
THE LIMITED WARRANTY REFERRED TO IN PARAGRAPH 4 IS THE ONLY WARRANTY, EXPRESS OR IMPLIED, THAT SELLER MAKES WITH RESPECT TO THE PRODUCTS AS PROVIDED BY THE MANUFACTURER. SELLER SPECIFICALLY DISCLAIMS ALL OTHER IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.