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Capsonic makes no representation, warranty, guaranty, or commitment of any kind or nature, express or implied, regarding any such Forecasts provided to Supplier, including with respect to the accuracy or completeness of such forecasts.

In the event there is an irreconcilable conflict of such contract documents, the following order of precedence applies: a) any supply agreement or other agreement of the Parties referenced by the Purchase Order; then b) the face of the Purchase Order and any supplemental terms included or incorporated by reference; then c) these general Purchase Order provisions; and finally d) other contract documents agreed to in writing by the parties.

Delivery Terms for Goods supplied under this Purchase Order will be TTOP DDP El, Paso, TX Warehouse, unless otherwise specified on the face of the Purchase Order.

Supplier will deliver Goods or Services in the quantities and on the date(s) specified on the Purchase Order if Spot Buy, or schedule releases if under Blanket Purchase Order, and will do so using the method of transportation instructed by Capsonic on the Purchase Order.

All Goods, unless specifically exempted by the destination country’s governing authorities, must be marked with the country of origin (manufacture) of the Goods in a conspicuous place as legibly, indelibly, and permanently as the nature of the article or container permits.

Supplier will provide Capsonic with (a) the Harmonized Tariff Schedule number, country of origin information or certificates, manufacturer’s affidavits, applicable free trade agreement (“FTA”) certificates, and any other documents or nformation Capsonic may require to comply with international trade regulations or to lawfully minimize duties, taxes, and fees, and (b) FTA certificates for all Goods that qualify under one or more FTAs.

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