TERMS OF SALE

KORTECHNIK.COM WEBSITE TERMS OF SALE

Last revised: November 5, 2025

These terms and conditions of sale (Terms’) are the only terms that govern the sale of goods or services (“Goods”) by Bear Hyde LLC. (d.b.a. KOR Technik), or its affiliates (collectively “COMPANY”) to Buyer and COMPANY will only sell the Goods subject to these Terms. All quotations, all Buyer’s purchase orders, all service, and all confirmations or acknowledgments of Buyer’s purchase orders by COMPANY are subject to these Terms. These Terms prevail over any of Buyers general terms and conditions of purchase regardless whether or when Buyer has submitted its purchase order or such terms. Buyer’s written acknowledgment or payment of a deposit for the Goods shall be construed as Buyer’s acceptance of these Terms. Notwithstanding anything herein to the contrary, if a written contract signed by both parties is in existence covering the sale of the Goods covered hereby, the terms and conditions of said contract shall prevail to the extent they are inconsistent with these Terms. The “Buyer herein refers to the customer of COMPANY as listed on the purchase order regardless of form.

SALE PRICES. Unless otherwise noted, all prices quoted are subject to change without notice. Prices do not include sales, use, excise, VAT, GST, property or similar taxes arising out of or relating to the sale or use of the Goods. Buyer shall indemnify, defend and hold COMPANY harmless from and against the imposition and payment of such taxes, whether or not they are stated in any invoice for the Goods. COMPANY, at its option, may at any time separately bill Buyer for any taxes not included in COMPANY’s invoice and Buyer shall pay said taxes.

DELIVERY. COMPANY will exert its best efforts to cause the Goods to be shipped and delivered in accordance with its quotations and these Terms. However, all dates stated by COMPANY are approximate dates only, and are estimated in good faith to the best of COMPANY’s ability, commensurate with foreseeable scheduling and subject to availability of product and transit. COMPANY shall not be liable for any loss or damage whatsoever, including loss of income and/or profits, incidental, special or consequential damages resulting from COMPANY’s delayed shipment and delivery of the Goods for any reason whatsoever. Any claims for shortages or claims that the equipment delivered is other than that which was ordered or claims for damages prior to delivery to Buyer or Buyers agent must be made in writing to COMPANY within fifteen (15) days after the arrival of the Goods at Buyer’s plant or place of business.

CHANGES. a) Only the Party’s respective Authorized Representatives, a person who may bind each Party, may at any time, by written notice, request changes within the general scope of this Order in any one or more of the following: (i) drawings, designs, or specifications; (ii) method of shipping or packing; (iii) place of inspection, acceptance, or point of delivery; and (iv) delivery schedule. (b) If any such change causes an increase or decrease in the cost of, or the time required for, performance of any part of this Order, the COMPANY shall provide notice to the Buyer and the Parties shall engage in fair negotiations to settle on new terms. (c) Changes to the delivery schedule will be subject to a price adjustment only. (d) Failure to agree to any adjustment shall be resolved in accordance with the “Disputes” clause of this Order.

TITLE. COMPANY hereby retains title in all of the Goods sold and delivered by COMPANY to Buyer, until Buyer concludes Final Acceptance or in accordance with the Freight on Board (FOB) terms listed in the order, whichever occurs sooner.

PAYMENT TERMS, CANCELLATIONS AND RETURNS. Buyer shall pay all COMPANY invoices (30) days from the date of invoice. Late payment shall bear interest in the amount of 0.4% of the amount due per week. COMPANY reserves the right to cancel and to refuse to complete Buyer’s purchases if, in COMPANY’s opinion, Buyer has not established credit or promptly meet the payment terms. Requests for cancellations must be made within 24 hours of the order. Requests for returns must be made within 30 days of shipment. All returned parts must be authorized in advance, must be in original condition and the return packaging must contain the return authorization number and pass COMPANY inspection.

COMPANY REMEDIES FOR NON-PAYMENT. COMPANY reserves all rights including rights of replevin and damages for Goods remaining unpaid, in whole or in part, more than 60 days after payment is due. COMPANY may enter the Buyer’s premises and remove the secured property or any portion thereof until title of Goods passes to Buyer. Buyer agrees to pay COMPANY’s reasonable attorney’s fees and court costs for the collection of any amounts owing to COMPANY hereunder and for the costs incurred in the repossession of the Goods.

CANCELLATIONS. Orders with Goods that have already been shipped from the COMPANY cannot be cancelled. “Special Orders”, which are orders for items customized for the Buyer cannot be cancelled. Orders other than Special Orders that have not been shipped may be canceled in writing by Buyer to COMPANY but shall be subject to a cancellation charge as set forth below. Buyer and COMPANY acknowledge and agree that the COMPANY’s harm caused by Buyer’s cancellation would be impossible or very difficult to accurately estimate at the date of the purchase order, and that the cancellation charges set forth below are reasonable estimates of the damages which COMPANY will incur as a result of the cancellation. Orders that are cancelled within one week of the date of the purchase order are subject to a cancellation fee equal to 10% of the total purchase order price. Orders cancelled more than one week after the date of the purchase order and more than 90 days before the planned shipment date are subject to a cancellation fee of 20%of the purchase order price. Orders cancelled from 90 to 61 days before the planned shipment date are subject to a cancellation fee of 30% of the purchase order price. Orders cancelled from 60 to 31 days before the planned shipment date are subject to a cancellation fee of 40% of the purchase order price. Orders cancelled 30 days or less before the planned shipment date are subject to a cancellation fee of up to 50% of the purchase order price.

BUYER REMEDIES. COMPANY may, at its sole discretion, resolve any Buyer claim relating to the Goods by repossessing such Goods and reimbursing Buyer the purchase price for the Goods less depredation arising from Buyer’s use of the Goods.

LIMITED PRODUCT WARRANTY. KOR TECHNIK (d.b.a. Bear Hyde LLC) offers a Limited Product Warranty, incorporated herein by reference and made available as an attachment to these terms or through its online warranty link here: WARRANTY – KOR.

LIMITATION OF LIABILITY. BUYER EXPRESSLY AGREES THAT IN NO EVENT SHALL COMPANY BE LIABLE UNDER ANY THEORY OF RECOVERY, WHETHER BASED IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), UNDER WARRANTY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE WHATSOEVER, ANY LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF OPPORTUNITY, LOSS OF BUSINESS, LOSS OF REPUTATION AS A RESULT OF ANY CLAIM BROUGHT BY BUYER OR A THIRD PARTY ARISING OUT OF OR RELATING TO: (i) ANY BREACH BY COMPANY OF THESE TERMS; (ii) ANY REPRESENTATION, STATEMENT OR TORTIOUS ACT OR OMISSION (INCLUDING NEGLIGENCE) OF COMPANY; AND (iii) ANY USE OF THE GOODS OR THE FAILURE OF THE GOODS TO OPERATE PROPERLY; EVEN IF SUCH LOSSES WAS IN CONTEMPLATION OF THE PARTIES OR WAS WHOLLYFORESEEABLE.

BUYER SHALL INDEMNIFY, DEFEND AND HOLD COMPANY HARMLESS FROM AND AGAINST ALL CLAIMS, ACTIONS, DAMAGES, LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES) INVOLVING A THIRD-PARTY CLAIM EXCEPT TO THE EXTENT CAUSED BY COMPANY’S NEGLIGENCE OR WRONGFUL ACTS.

BUYER EXPRESSLY AGREES THAT IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COMPANY UNDER ANY THEORY OF RECOVERY, EXCEED THE AGGREGATE PRICE PAID TO COMPANY UNDER THESE TERMS. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE BUYER’S REMEDIES UNDER THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.

CONFIDENTIALITY. The mutual nondisclosure agreement (NDA) executed between parties is incorporated herein by reference and shall remain effective concurrently with the period of performance of this purchase order, plus any additional period specified in the NDA. If the Parties have not executed the NDA, all drawings, designs, specifications, manuals, programs and prices furnished to Buyer by COMPANY shall remain the confidential and proprietary property of COMPANY. All such information, except as may be found in the public domain, shall be held in strict confidence by Buyer and shall not be disclosed by Buyer to any third parties. Copyright in all material made available by COMPANY shall remain in COMPANY at all times.

Intellectual Property. COMPANY warrants that the Goods delivered under this purchase order will not infringe or otherwise violate the intellectual property rights of any third party in the United States or any foreign country. COMPANY shall retain all intellectual property rights in the Goods, unless otherwise agreed upon in writing by the Parties.

SAFETY PRECAUTIONS. Buyer shall require employees to use all safety devices, guards and proper safe operating procedures as set forth in manuals and instruction sheets, if any, furnished by COMPANY. Buyer shall not remove or modify any such device, guard or sign. It is Buyer’s responsibility to provide all the means that may be necessary to effectively protect all employees from serious bodily injury that otherwise may result from the method of particular use, operation, set-up or service of the equipment. If Buyer fails to comply with provisions of this paragraph or the applicable standards or regulations aforementioned, Buyer shall indemnify, defend and hold COMPANY harmless from and against any and all claims, losses or damages arising from such failure. It is the responsibility of Buyer to comply with all local laws, regulations and codes.

INFRINGEMENT. Buyer shall indemnify, defend and hold COMPANY harmless from any infringement of any patent, trademark, or copyright arising from Buyer’s use of the Goods, including but not limited to the reimbursement of costs and expenses, including attorney’s fees, incurred by COMPANY with respect to a claim of infringement.

EXPORT CONTROL. The parties acknowledge that information subject to U.S. export control laws and regulations may be disclosed pursuant to this Agreement. Each party shall comply with all applicable export and import laws and regulations, including but not limited to, the International Traffic in Arms Regulations, as amended (22 C.F.R. Parts 120 – 130) (“FAR”) and the Export Administration Regulations, as amended (15 C.F.R. Parts 730 -774). The parties shall not export, disclose, transfer, furnish or otherwise provide any article, technical data, technology, defense service, or technical assistance of the other party to any foreign country or foreign person as defined by ITAR, including those working for a party, whether in the United States or abroad, without obtaining in advance proper United States government export authorization. Buyer shall comply with applicable laws and regulations governing the exportation or re-exportation of the Goods. The Goods may be subject to export restrictions imposed by the United States, Japan and other countries and Buyer will not export or permit the export of the Goods anywhere without proper government authorization.

MERGER CLAUSE. Except where referenced on the face of the Order Acknowledgement or within these terms, these are the only terms that shall apply to the purchase order. There are no understandings, other agreements, representations, or warranties, either oral or written, relative to products or services, including statements made in or conduct implied from past dealings that are not fully expressed herein. No statement subsequent to the acceptance by COMPANY of the purchase order purporting to modify the said terms and conditions shall be binding unless consented to in writing by a duly authorized officer of COMPANY in a document making specific reference to this transaction.

SEVERABILITY. Each clause, paragraph and subparagraph of this Order is severable, and if one or more of them are declared invalid, the remaining provisions of this Order will remain in full force and effect.

PRECEDENCE. Any inconsistencies in this purchase order shall be resolved in accordance with the following descending order of precedence: (1) face of the Order Acknowledgment, including any special terms and conditions; (2) any supplementary terms required to meet the U.S. Government’s mission, if applicable; (3) these terms and conditions of sale, (4) the NDA between the Parties, (5) the COMPANY’s Limited Product Warranty, and (6) the Statement of Work between Parties, followed by any additional exhibits applicable in the order in which they are listed in the Order Acknowledgment.

ASSIGNMENT. These Terms may not be assigned without the express written consent of the Parties hereto, and such consent shall be unreasonably withheld. Any attempted assignment of rights or delegation of duties shall be void.

FORCE MAJEURE. Neither Party shall be responsible for nonperformance or late performance of any part of the contract due to orders, regulations, and/or ordinances by government, act of God, war, blockade, insurrection, pandemic, mobilization or due to any other causes or circumstances beyond the nonperforming Party’s control. If an event of force majeure occurs, a Party may, at its option, either extend the time of performing affected obligations during the period the event of force majeure continues, or cancel the order subject to the cancellation terms herein.

GOVERNING LAW & ARBITRATION. These Terms shall be construed in accordance with the laws of the State of Arizona, without regard to its conflicts of laws provisions, commenced no later than one year from the date of alleged breach.

RECORDS RETENTION. Unless a longer period is specified in this Order or by law or regulation, the COMPANY shall retain all records related to this Order for three (3) years from the date of final payment received by Buyer. Records related to this Order include, but are not limited to, financial, proposal, procurement, specifications, production, inspection, test, quality, shipping and export, and certification records.