East River Metals, Inc. and Custom Manufacturing Services, Inc. Terms and Conditions of Sale

1. GENERAL. (a) These terms and conditions and those in that may be included in our Quotation or on the face hereof contain the entire agreement between the parties in connection with the products sold to Buyer (the “Products”). (b) Acceptance of our quotation and issuance of a purchase order, or delivery of or payment for Products shall be conclusive evidence of Buyer’s agreement to these terms and conditions (the “Contract”). (c) References to Products, where applicable, include their packaging (d) No prior or subsequent document, purchase order, or conduct of or from Buyer shall modify the Contract, except for any agreement reduced to writing and properly signed by authorized representatives of the parties. In the event that such written agreement expires, these terms and conditions replace any other agreement and/or terms and conditions.

2. DELIVERY. Unless otherwise agreed upon in writing by Seller: (a) Shipping and delivery dates are given in good faith, but are not guaranteed. (b) Buyer is responsible for all