Terms of Sale

Terms and Conditions of Sale. Effective 21 October 2026, Rev 02.

Governing Terms

All products and services offered for sale by 3TG Tech LLC (“Seller”), and all orders, are subject to the terms and conditions stated herein. Except as expressly agreed in writing by an authorized representative of Seller, no other terms and conditions shall apply, including any terms and conditions attached to or contained within Buyer’s request for quotation, acknowledgment, purchase order or other contract documentation. Buyer’s acceptance of the Products delivered by Seller shall constitute an affirmation by Buyer that the terms and conditions set forth herein govern the purchase and sale of the Products and that Buyer waives any and all objections to such terms and conditions. THE TERMS OF THIS CONTRACT SHALL SUPERSEDE ANY ADDITIONAL, DIFFERENT OR CONFLICTING TERMS PROPOSED BY BUYER OR CONTAINED ON BUYER’S PURCHASE ORDER OR ANY DOCUMENT OR INSTRUMENT SUBMITTED BY BUYER.

Indemnity and Intellectual Property Disclaimer

Seller cannot guarantee that the Products will not infringe issued or pending patents and makes no warranties or representations, express or implied, against intellectual property infringement. Buyer bears sole responsibility for patent clearance and infringement and for protecting and registering any intellectual property rights covering the Products. Buyer agrees to indemnify, defend and hold harmless Seller and its directors, agents, employees and contractors from and against any damages, losses, liabilities, costs and expenses (including reasonable attorneys’ fees) suffered or incurred as a result of any claim related directly or indirectly to the Products, including but not limited to claims for Seller’s default, design defects, product liability, product recall, noncompliance with U.S. Food and Drug Administration or other regulatory standards, and patent infringement, except to the extent attributable to Seller’s gross negligence or willful misconduct as determined by a court of competent jurisdiction. Nothing herein shall be construed as a license or sublicense to operate under any patent or other intellectual property right owned by Seller or a third party.

Prices, Taxes, Payment, Title, Risk of Loss

All prices are firm unless otherwise agreed to in writing. Any tax, duty, custom or other fee of any nature imposed upon this transaction by any federal, state or local governmental authority shall be paid by Buyer in addition to the price quoted or invoiced. If Seller is required to prepay any such tax, Buyer will reimburse Seller. Payment terms shall be net 30 days after shipment by Seller. An interest charge of 1½% per month (18% per year) will be added to invoices outstanding beyond 30 days after shipment. Seller reserves the right to require prepaid terms from any Buyer whose account is overdue for more than 60 days or who has an unsatisfactory credit or payment record, and may refuse to sell to any person until overdue accounts are paid in full. Title to the Products shall transfer to Buyer upon shipment of the Products from Seller’s facility. The risk of loss of or damage to the Products shall be assumed by Buyer upon shipment of the Products from Seller’s facility.

Disclaimer of Express and Implied Warranties and Damages; Limitation of Liability

Buyer shall be responsible for making its own determination of suitability and completeness for use and for conducting any necessary testing. Except as expressly provided in this document, SELLER DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES MADE WITH RESPECT TO THE PRODUCTS AND EXPRESSLY EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. Buyer’s remedies under any Seller warranty shall be limited to repair or replacement of the Product or component that failed to conform to such warranty. In no event shall Seller (including its affiliates and subsidiaries) be liable for anticipated or lost profits or for special, punitive, indirect, incidental or consequential loss or damages.

Inspection and Returned Goods

Buyer shall have the right to inspect the Products within 30 days of receipt. Buyer shall notify Seller in writing within 30 days of receipt if the Products do not meet specification and shall return defective Products to Seller. If Seller is not notified within this inspection period, the Products shall be deemed accepted by Buyer and Buyer shall have no further recourse. Seller, in its sole discretion, may agree to accept the Products back where Buyer ordered the wrong part or an incorrect quantity, provided that the request to return is made no more than forty-five (45) days after Buyer received the order. Under no circumstances shall trial kits or custom run orders be returnable.

This includes standard heat shrink tubing that has been custom-made or cut to any length other than Seller’s standard length (70″ for FEP heat shrink; 50″ for PET heat shrink and all other tubing). If Seller approves a return, the Products must be returned as follows: (1) heat shrink tubing, liners or extrusions: the inner poly-sleeve must be unopened and the original label must remain on the package; if the seal has been cut, Seller will not accept the return; (2) marker bands and other discrete components: in the original sealed, labeled packaging. Returned Products must be packaged as Seller packaged them to protect the contents from damage. If the Products are found to be damaged on receipt at Seller, no credit or partial credit (as applicable) will be issued. Buyer is responsible for all shipping costs to and from Seller. Large orders of stock or standard items may be returnable; however, a minimum restocking charge of 30% of the face value will apply.

Governing Law

This Contract and its terms and conditions shall be governed by and construed in accordance with the laws of the State of Minnesota, excluding its conflict-of-laws rules. Buyer agrees that any action at law, suit in equity or other judicial proceeding arising from it must be brought and maintained in the federal or state courts of record located in the State of Minnesota.

Cancellation Prior to Shipment

If Buyer requests cancellation of an order before shipment and Seller agrees, Buyer shall be liable to Seller for all costs Seller incurs as a result of the cancellation, including but not limited to cancellation costs to suppliers, any unreimbursed advances on goods, and any specifically identifiable incidental and consequential expenses.

Tool Ownership

All tooling (including but not limited to tools, dies, mandrels, patterns and molds) manufactured by or at the request of Seller (excluding Buyer-owned molds), or otherwise used by Seller to produce any Products sold to Buyer, is proprietary to Seller, as is its development, design and use. Seller retains exclusive ownership of such tooling. Molds paid for by Buyer shall not be used to manufacture another buyer’s product.

3TG Tech LLC · 73rd Ave North, Ste 106, Maple Grove, MN 55369 · sales@3tg-tech.com