STANDARD TERMS AND CONDITIONS OF SALE

TERMS & CONDITIONS

This Proposal supersedes and replaces any previous agreement, proposal, or representation between the Buyer and OZ Packaging LLC for the sale, licensing, installation, and warranty of OZ Packaging hardware, services, and parts ("Products") as described in this Standard Terms and Conditions (the “Proposal”).

To contractually bind OZ Packaging, orders must be accepted in writing by OZ Packaging. These Standard Terms and Conditions shall prevail notwithstanding any variations from these terms in any purchase order or other document submitted by the Buyer, whether or not executed by a representative of OZ Packaging. Any variations must be agreed to by both parties in writing. Only OZ Packaging's current Controller can authorize deviations from these terms in writing.

A waiver by OZ Packaging of a breach of any term shall not prevent the enforcement of that term in the future and shall not be deemed a waiver of any subsequent breach.

PRODUCT PRICES, DISCOUNTS, AND TARIFFS

Prices, license fees, and any applicable discounts for Products shall be specified in an OZ Packaging Service Order Request Form or within this Proposal.

Tariff and Pricing Adjustments

Due to the ongoing fluctuations in international trade tariffs, prices quoted by OZ Packaging are subject to change without notice to reflect increases or decreases in tariffs, duties, or import fees. If a tariff change affects the final cost, OZ Packaging will notify the Buyer before processing the order. Buyers must acknowledge and accept potential price adjustments before shipment.

ORDERS

All orders placed by the Buyer are subject to acceptance by OZ Packaging at its principal place of business. Accepted orders shall be governed by these Standard Terms and Conditions, regardless of any conflicting terms in the Buyer's purchase order or other documents.

CANCELLATION, CHANGES, AND RESCHEDULING

Because cancellations, changes, and rescheduling create logistical and financial impacts, the following conditions apply:

• Cancellations within 60 days of scheduled delivery will result in a 20% cancellation charge based on the list price of the Products.
• Changes or rescheduling of an order will result in a 5% charge based on the list price.
• If the canceled Products are custom or not listed in OZ Packaging’s current price list, the Buyer agrees to reimburse OZ Packaging for all out-of-pocket costs incurred up to the cancellation date.

SHIPMENT & FREIGHT LIABILITY

• Delivery Terms: F.O.B. (Freight on Board) to the shipping point specified in the Invoice.
• Freight Arrangements: OZ Packaging arranges shipping for most orders using standard carriers.
• Carrier Liability: OZ Packaging ships using standard carrier liability terms. OZ Packaging does not pay for additional shipping insurance unless explicitly requested and paid for by the Buyer.
• Damage During Shipment: If a shipment is damaged, OZ Packaging will cover costs only up to the standard carrier insurance coverage amount. Any additional losses must be covered by the Buyer.

PAYMENT TERMS & CREDIT CHECKS

• Payments are due net 30 days from the invoice date unless otherwise agreed upon in writing.
• Payments not received within 30 days will incur a monthly late charge of 1.5% on the unpaid balance.
• If payments are overdue by 90-120 days, OZ Packaging will send a formal letter stating the Buyer has 10 days to make full payment before the account is sent to collections.
• OZ Packaging conducts credit checks on all customers before approving payment terms. OZ Packaging reserves the right to adjust credit terms based on the Buyer’s financial standing.

TAXES & IMPORT DUTIES

The Buyer is responsible for all applicable taxes, duties, and assessments related to the sale, transportation, and delivery of Products. If the Buyer fails to pay such taxes, OZ Packaging may remit payment on the Buyer's behalf and seek immediate reimbursement.

INSTALLATION & COMMISSIONING

Installation services are available if included in the Invoice or separately purchased. Installation requirements include:

1. The Buyer must provide a safe, clean, and suitable site with proper power supply, foundation, and ventilation.
2. The Buyer must provide labor for unpacking and uncrating, but in some cases, OZ Packaging will perform full uncrating and setup as part of full commissioning services (dependent on the sale agreement).
3. The installation site must be within the contiguous United States.
4. The Buyer is responsible for ensuring compliance with local laws, union agreements, and site restrictions.
5. Installation is considered complete when OZ Packaging’s standard diagnostic programs confirm successful operation.
6. OZ Packaging may perform full commissioning services, ensuring all system functionality and operational readiness, depending on the specific sale terms.
7. The Buyer indemnifies OZ Packaging against all claims related to installation and operation.

WARRANTY

OEM Manufacturer Warranty

Since OZ Packaging acts as a distributor for OEM manufacturers, warranties default to the manufacturer’s terms unless otherwise specified by OZ Packaging in writing.

• If OZ Packaging sells an OZ-branded machine, the warranty terms may vary on a case-by-case basis and will be provided at the time of sale.
• If defects arise during the warranty period covered by the manufacturer, warranty claims must be handled through the OEM warranty process.
• OZ Packaging does not extend additional warranties unless explicitly agreed upon in writing.

Warranty Limitations

OZ Packaging is not responsible for warranties beyond what the OEM provides, except where explicitly stated in a sale agreement.

SPARE PARTS WARRANTY

• Spare parts are only covered if the original equipment manufacturer (OEM) offers a warranty.
• If the OEM does not provide a warranty for spare parts, OZ Packaging does not offer an additional warranty.
• The Buyer must handle any warranty claims for spare parts directly with the OEM, unless otherwise specified in writing by OZ Packaging.

LIMITATION OF LIABILITY

OZ Packaging’s liability is strictly limited to the purchase price of the Product. The Buyer waives all implied warranties, including but not limited to merchantability and fitness for a particular purpose.

OZ Packaging is not liable for:

• Loss of profits
• Special, incidental, or consequential damages
• Delays in delivery or installation due to factors beyond OZ Packaging’s control

TERMINATION

• The Buyer may terminate this Agreement if OZ Packaging fails to cure a breach within 60 days of written notice.
• OZ Packaging may terminate the Agreement immediately if the Buyer breaches these terms.

ASSIGNMENT

Neither party may assign this Proposal or any purchase order without prior written consent.

ENTIRE AGREEMENT

This Agreement, including OZ Packaging’s Service Order Request Form and these Standard Terms and Conditions, represents the entire agreement between the parties. Any modifications must be in writing and signed by both parties.

If any provision is found to be unenforceable, the remaining provisions remain in full force and effect.