Akrylix Terms & Conditions of Sale

1. Governing Terms

For purposes of these Terms & Conditions, “authorized representative of Akrylix” means any officer of Akrylix LLC, any Managing Director of Akrylix LLC, or any individual whose authority is expressly designated in writing by any of the foregoing. No other employee, agent, or representative of Akrylix has authority to modify these Terms & Conditions, alter pricing or payment terms, accept or reject orders, or otherwise bind Akrylix.

All quotations, orders, invoices, and sales by Akrylix are governed exclusively by these Terms & Conditions.

Any additional or conflicting terms contained in a purchase order or other document issued by the buyer are rejected and shall have no effect unless expressly agreed to in writing by an authorized representative of Akrylix.

Issuing a purchase order, approving a quotation, placing an order, accepting delivery, or making payment constitutes acceptance of these Terms & Conditions.

These Terms & Conditions, together with the applicable quotation and invoice, constitute the entire agreement governing the transaction unless otherwise agreed in writing by an authorized representative of Akrylix.

Execution of the Akrylix Quote Acceptance and Terms of Sale Agreement constitutes acceptance of these Terms and Conditions in their entirety.

The version of these Terms & Conditions in effect on the date of the applicable quotation, order, or invoice governs that transaction.

2. Quotations

Quotes are valid for 15 days unless otherwise stated.

Prices may be adjusted after expiration of the quotation period.

Quotes are based solely on the specifications, drawings, dimensions, materials, finishes, quantities, delivery requirements, and other information provided at the time of quoting.

Any changes to specifications, materials, finishes, packaging requirements, labeling requirements, approvals, samples, drawings, documentation, delivery requirements, or other project requirements requested after a quote is issued may require additional cost and revised lead times.

Quotations are based solely on the information provided at the time of quoting. If errors, omissions, inconsistencies, or incomplete specifications are discovered after quotation, order placement, or payment, Akrylix reserves the right to revise pricing, materials, fabrication methods, and production timelines as necessary to perform the work.

3. Orders & Production

Orders are scheduled for production only after the agreed payment terms have been satisfied and all required order information has been provided. The default payment terms require full payment prior to production. Different payment terms, including deposits, progress payments, balance-before-release, net terms, or other arrangements, may be established for a specific order or customer.

For purposes of this section, alternative payment terms are “agreed” only if expressly reflected in: (a) a quotation, order acknowledgment, or invoice issued by Akrylix that states the alternative terms on its face; (b) a written confirmation from an authorized representative of Akrylix, including by email; (c) a verbal agreement between an authorized representative of Akrylix and the customer that is followed by Akrylix’s commencement of production in reliance on that agreement; or (d) a consistent pattern in which Akrylix has issued at least two invoices to a specific customer that expressly state alternative payment terms on their face. No course of conduct, late payment, partial payment, or pattern of customer payment behavior modifies the default payment terms or establishes alternative payment terms. Akrylix’s acceptance of a late or partial payment is not a waiver of any of its rights, including the right to charge interest, suspend production, hold goods, or pursue collection, and does not modify the agreed payment terms for that order or any future order.

Custom manufactured products are non-cancelable and non-refundable once production begins, regardless of whether the agreed payment terms require payment in advance, in stages, on net terms, on a balance-before-release basis, or upon completion. Production may begin once the applicable payment milestone under the agreed payment terms has been satisfied, even if subsequent payments remain outstanding. Akrylix’s right to hold goods until all payment obligations have been satisfied is preserved under Section 5.

For purposes of these Terms & Conditions, “production begins” upon the earliest of: (a) procurement, ordering, or commitment to procure project-specific materials, hardware, or components; (b) commencement of design, drafting, engineering, shop drawings, or CAM programming specific to the project; (c) commencement of fixturing, tooling, or jig fabrication specific to the project; (d) commencement of cutting, forming, machining, or fabrication operations; or (e) any other allocation of labor, materials, or shop capacity to the project.

Akrylix may, in its sole discretion, accommodate a customer cancellation, modification, return, or exchange request after production begins, but is under no obligation to do so. Any such accommodation may be conditioned on payment of all costs, labor, materials, and fees incurred or committed to prior to the accommodation, plus a reasonable administrative fee.

Production timelines are estimates only unless otherwise confirmed in writing.

Orders may not be cancelled, modified, returned, or exchanged once production has started.

Any approval processes including shop drawings, engineering drawings, finish samples, prototypes, mock-ups, or other review steps must be specifically included in the quotation to be part of the project scope.

If approval steps are requested after quotation or order placement, they may require additional charges and may affect production timelines.

4. Accelerated & Reserved Production

Accelerated or Reserved Production services are available only when confirmed in writing by Akrylix.

Accelerated Production allows a project to move ahead in the production schedule when production capacity allows but does not guarantee a specific ship date.

Reserved Production may allocate dedicated fabrication capacity to target a specific manufacturing completion date when confirmed in writing by Akrylix.

Accelerated or Reserved Production services may require additional fees and are subject to production capacity, scheduling availability, and timely customer approvals, responses, and payment.

Production commitments apply only to manufacturing completion and do not guarantee specific carrier transit times or delivery dates.

Delays caused by missing information, delayed approvals, design changes, material availability, or payment delays may extend the delivery schedule.

5. Payment Terms

Payment is due in full prior to production unless otherwise agreed in writing.

Accepted payment methods include:

• ACH transfer
• wire transfer
• credit card (a 2.9% card-processing surcharge applies; the surcharge does not exceed Akrylix’s cost of card acceptance and is not applied where applicable law restricts or does not permit such fees)

Checks are not accepted.

All prices are exclusive of sales, use, excise, value-added, and similar taxes. Customer is responsible for all such taxes unless customer provides a valid resale or exemption certificate to Akrylix prior to invoicing.

Akrylix reserves the right to delay production, shipment, or release of goods until payment obligations are satisfied.

Unpaid balances may be subject to interest at 1.5% per month (18% annually) or the maximum allowed by law.

Returned, rejected, or reversed ACH transfers, wire transfers, credit card payments, or chargebacks are subject to a $50 administrative fee plus any third-party fees charged to Akrylix.

Customer may not withhold, offset, or reduce any payment due to Akrylix on account of any claim, dispute, counterclaim, or alleged setoff, whether related or unrelated to the invoice. All claims must be pursued separately under Section 19.

6. Shipping, Delivery & Storage

Shipping method is determined by Akrylix based on the most appropriate carrier and service unless otherwise agreed in writing.

Freight charges are estimates and may change based on final shipment conditions.

Additional charges may apply for:

• lift gate delivery
• residential delivery
• limited access delivery
• appointment delivery
• redelivery attempts
• detention, wait time, or driver assist charges
• storage and handling charges

Risk of loss and responsibility for safe delivery transfer to the carrier once goods leave the Akrylix facility.

Akrylix is not responsible for delays, damage, or loss caused by carriers once goods have been released for shipment.

If the customer elects to use their own carrier account or arrange pickup, the customer assumes sole responsibility for transportation, insurance, claims, and carrier communications once goods are released. Damage, shortage, or loss claims for customer-arranged shipments are solely the responsibility of the customer, and Akrylix has no obligation to assist with, file, or pursue such claims.

If the customer requests delayed shipment, fails to provide a deliverable address or required delivery information, or cannot receive completed goods within five (5) business days after notice of completion, Akrylix may charge reasonable storage and handling fees beginning on the sixth (6th) business day after notice of completion.

If completed goods remain in Akrylix’s possession for more than ninety (90) days after notice of completion, Akrylix may, after providing written notice to the customer at the most recent address on file and a fourteen (14) day cure period, dispose of, sell, or otherwise transfer the goods. All storage, handling, disposal, and unpaid balances remain due and owing notwithstanding such disposition.

7. Packaging

Products are packaged using standard commercial packaging suitable for common carrier shipment unless otherwise specified in writing.

Special packaging requirements, retail packaging, export packaging, special labeling, pallet configuration, sidemarking, or other handling requirements must be agreed to in writing prior to production and may incur additional cost.

8. Receiving & Damage Claims

Customers must inspect shipments immediately upon delivery and confirm the number of cartons, skids, sheets, or pieces received against the delivery receipt or bill of lading.

Any visible damage, shortage, or discrepancy must be noted on the delivery receipt or BOL before signing, and photographed at the time of delivery.

If full inspection of the contents is not possible at the time of delivery, the customer must write “subject to inspection for concealed damage” or equivalent notation on the delivery receipt or BOL before signing. The driver must not depart before this notation is made.

Concealed damage must be reported to the carrier and to Akrylix in writing within two (2) business days of delivery. The report must include photographs and video of the exterior packaging, shipping label, delivery receipt or BOL, interior packing materials, and the damaged product. The shipment, including all original packaging materials, must be retained and made available for carrier inspection in accordance with the carrier’s policy.

Signing the delivery receipt or bill of lading without noting visible damage, and without a “subject to inspection for concealed damage” notation when full inspection is not performed at delivery, constitutes acceptance of the shipment in good condition. In such case, the customer waives any claim against Akrylix for damage, shortage, or discrepancy discovered after signing, regardless of when the damage is discovered or reported.

Failure to report damage, shortage, or discrepancy in writing to Akrylix within two (2) business days of delivery constitutes acceptance of the shipment and waiver of any related claim against Akrylix. This deadline applies to the customer’s notice obligation under these Terms & Conditions and is independent of any longer or shorter deadline established by the carrier’s tariff or policy for the underlying carrier claim.

Items may not be returned without written authorization from Akrylix.

If shipping was arranged by Akrylix, Akrylix may assist with the claim process, but the customer must cooperate fully with all carrier requirements. Akrylix’s assistance is provided as a courtesy, does not transfer carrier liability to Akrylix, and does not extend any deadline established under these Terms & Conditions.

9. Specifications, Materials & Manufacturing Tolerances

Products are manufactured in accordance with the specifications provided in the applicable quotation and customer-supplied drawings or files. Fabrication quality expectations and finish classifications may be defined using the Acrylic Fabrication Standards Framework published by Akrylix unless otherwise specified in writing.

The framework provides general reference standards for fabrication quality, edge finishing, joint clarity, production scheduling, and tolerances.

Unless otherwise specified, typical fabrication tolerances include:

Tolerances depend on material thickness, fabrication method, and part geometry. The values above represent typical commercial fabrication ranges.

Natural variations may occur in color, texture, clarity, finish, thickness, and appearance depending on material batch and manufacturing processes. Such variations are inherent to the materials and do not constitute defects.

Products are manufactured based on specifications, drawings, measurements, artwork files, and other information supplied by the customer. Akrylix is not responsible for errors or omissions in customer-supplied specifications.

Cosmetic expectations are evaluated according to the applicable fabrication finish level defined in the Acrylic Fabrication Standards Framework unless otherwise specified in writing.

Reference information regarding fabrication quality levels, inspection distance standards, edge finishing methods, and production scheduling is available in the Acrylic Fabrication Standards Framework published by Akrylix. The framework provides general guidance for fabrication expectations but does not modify the specifications or contractual requirements defined in the applicable quotation or order.

10. Customer-Supplied Designs & Materials

All products manufactured according to customer-supplied designs, drawings, dimensions, materials, files, hardware, or other specifications are produced strictly in accordance with the information provided.

Customer represents and warrants that it has the legal right to provide any drawings, files, designs, or specifications supplied for manufacturing.

Customer shall defend, indemnify, and hold harmless Akrylix and its affiliates, officers, employees, and agents from and against any and all third-party claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees and court costs, arising out of or relating to: (a) any claim that customer-supplied designs, drawings, specifications, materials, or instructions infringe or misappropriate any patent, copyright, trademark, trade secret, or other intellectual property right of a third party; (b) any defect, failure, or unsuitability of customer-supplied materials, hardware, or components incorporated into a project; (c) any breach of customer’s representations or warranties under these Terms & Conditions; or (d) any claim arising from the engineering, structural integrity, regulatory compliance, safety compliance, or functional performance of any product manufactured according to customer-supplied specifications.

Akrylix may review customer-supplied designs for manufacturability and may provide suggestions or feedback regarding fabrication methods, materials, or construction. Any such feedback is provided as a courtesy and does not constitute engineering review, structural approval, or verification of regulatory compliance.

Akrylix assumes no responsibility for the engineering, structural integrity, regulatory compliance, safety compliance, or functional performance of products manufactured according to customer-provided specifications, designs, materials, or instructions.

Customer remains solely responsible for the engineering, structural integrity, safety, regulatory compliance, and suitability of all designs, specifications, materials, and instructions supplied for manufacturing.

If the customer provides materials, hardware, or components for incorporation into a project, Akrylix is not responsible for defects, compatibility issues, delays, or failures associated with those materials.

Customer remains responsible for verifying that all supplied designs, materials, and specifications are suitable for their intended application.

All tooling, manufacturing methods, fixturing, and production processes used to manufacture customer-supplied designs remain the property of Akrylix or its affiliates.

11. Installation & Use Responsibility

Akrylix products are manufactured as fabricated components and are not installed by Akrylix unless specifically agreed in writing.

Customer is responsible for installation, mounting, structural support, and integration of Akrylix products into the final environment.

Akrylix assumes no responsibility for installation methods, structural adequacy of mounting surfaces, building conditions, environmental exposure, or compatibility with other project components.

Customer is responsible for ensuring that products are installed and used in accordance with applicable safety requirements, building codes, and project specifications.

Any modifications, alterations, or improper installation after delivery may affect product performance and void any remedies otherwise available under these Terms & Conditions.

12. Prototypes & Samples

When prototypes, samples, mock-ups, or test pieces are produced, they serve as the reference standard for subsequent production unless otherwise agreed in writing.

Approval of a prototype or sample confirms acceptance of design, appearance, dimensions, and general construction.

Minor variations inherent to custom manufacturing may occur between prototype and production units.

13. Marketing & Portfolio Use

Unless otherwise agreed in writing, Akrylix may reference completed projects for portfolio, marketing, and promotional purposes.

This may include use of project photographs, descriptions of the work performed, and identification of the client by name or logo in case studies, client lists, presentations, websites, and promotional materials.

Akrylix will not disclose confidential technical information, proprietary product designs, or non-public project details known to be non-public by Akrylix unless authorized in writing by the client.

14. Limitation of Liability

Akrylix shall not be liable for any indirect, incidental, consequential, special, or punitive damages including but not limited to: lost profits, project delays, installation costs, reinstallation expenses, labor costs, contractor expenses, and third-party costs.

Akrylix shall not be responsible for project management charges, designer charges, contractor charges, removal costs, installation costs, or any downstream project expenses.

Akrylix shall not be liable for project schedule impacts, coordination delays, or other costs arising from the integration of Akrylix products into larger projects or construction schedules.

Akrylix’s total liability for any claim relating to a product or service shall be limited solely to replacement of the product or refund of the purchase price, at Akrylix’s sole discretion.

The remedies stated herein are the customer’s exclusive remedies.

15. Affiliate Protection

The customer agrees that any claims arising from a transaction governed by these Terms & Conditions shall be asserted solely against Akrylix LLC.

No officer, employee, shareholder, member, affiliate, parent company, subsidiary, or related entity of Akrylix shall have any personal or contractual liability arising from the transaction.

16. Warranty Disclaimer

EXCEPT AS EXPRESSLY STATED IN THESE TERMS & CONDITIONS, ALL PRODUCTS AND SERVICES ARE PROVIDED “AS IS.” AKRYLIX MAKES NO WARRANTY, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO ANY PRODUCT OR SERVICE PROVIDED BY AKRYLIX, INCLUDING ANY PRODUCT MANUFACTURED ACCORDING TO CUSTOMER-SUPPLIED SPECIFICATIONS, DESIGNS, MATERIALS, OR INSTRUCTIONS.

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AKRYLIX, ITS EMPLOYEES, OR ITS AGENTS SHALL CREATE A WARRANTY OR IN ANY WAY EXPAND THE SCOPE OF THIS DISCLAIMER.

17. Intellectual Property

All designs, templates, manufacturing processes, improvements, and production methods developed by Akrylix remain the exclusive property of Akrylix or its affiliates.

No ownership or license rights to Akrylix or its affiliates intellectual property are granted through any transaction unless expressly agreed in writing.

Customer-supplied designs remain the property of the customer; however, all manufacturing methods, tooling, and processes used to produce such designs remain the property of Akrylix or its affiliates.

No rights or licenses are granted to reproduce, reverse engineer, or replicate Akrylix manufacturing processes, tooling methods, or fabrication techniques.

18. Force Majeure

Akrylix shall not be liable for delays or failure to perform due to circumstances beyond its reasonable control, including but not limited to:

• material shortages
• supplier delays
• labor disruptions, strikes, or work stoppages
• equipment failures
• transportation interruptions
• natural disasters, fire, flood, or severe weather
• governmental actions, orders, or regulations
• trade restrictions, tariffs, sanctions, or embargoes
• epidemics, pandemics, or public health emergencies
• cyber incidents, data breaches, or telecommunications failures
• acts of war, terrorism, civil unrest, or sabotage

Performance deadlines are extended for the duration of the force majeure event plus a reasonable period for resumption of operations.

19. Governing Law, Venue, & Dispute Resolution

These Terms & Conditions, and any dispute arising from or relating to them or any transaction governed by them, are governed by the laws of the State of Nevada, without regard to its conflict of laws principles.

The exclusive venue for any action arising from or relating to these Terms & Conditions or any related transaction is the state or federal courts located in Clark County, Nevada, and each party irrevocably consents to the personal jurisdiction of those courts.

Each party irrevocably waives any right to a trial by jury in any action arising from or relating to these Terms & Conditions or any related transaction.

The prevailing party in any action arising from or relating to these Terms & Conditions is entitled to recover its reasonable attorneys’ fees, court costs, and collection costs from the non-prevailing party.

Any claim arising from or relating to these Terms & Conditions or any related transaction must be brought within one (1) year after the cause of action accrues, or it is permanently barred. This limitation applies notwithstanding any longer statutory limitations period.

20. Miscellaneous

Severability. If any provision of these Terms & Conditions is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, severed from these Terms & Conditions. The remaining provisions shall remain in full force and effect.

Waiver. No failure or delay by Akrylix in exercising any right or remedy under these Terms & Conditions constitutes a waiver of that right or remedy. No waiver is effective unless in writing and signed by an authorized representative of Akrylix. A waiver of any breach is not a waiver of any subsequent breach.

Assignment. The customer may not assign or transfer these Terms & Conditions or any rights or obligations under them, by operation of law or otherwise, without the prior written consent of Akrylix. Akrylix may assign these Terms & Conditions, in whole or in part, to any affiliate, successor, or acquirer without the consent of the customer. Any attempted assignment in violation of this section is void.

Notices. All notices required or permitted under these Terms & Conditions must be in writing and delivered to the email address or physical address most recently provided by the receiving party. Notices to Akrylix must additionally be sent to [email protected] or such other email address as Akrylix may designate in writing. Notice is effective upon delivery to the email address on file or five (5) business days after deposit in the mail with prepaid postage.

Amendment. Akrylix may amend these Terms & Conditions at any time by posting the amended version on its website or by other written notice. The version in effect on the date of the applicable quotation, order, or invoice governs that transaction. No amendment proposed by the customer is effective unless agreed to in writing by an authorized representative of Akrylix.

Headings. Section headings are for convenience only and do not affect interpretation.

Survival. Sections 8, 10, 13, 14, 15, 16, 17, 19, and 20 survive termination, expiration, or completion of any transaction governed by these Terms & Conditions.