1. Scope. These Terms and Conditions, together with any terms specified in the preceding page(s), or in any other document which incorporates these Terms and Conditions, if any (for example, an invoice, or a credit application/agreement), and any terms and conditions contained on any product (collectively, the “Agreement”), represent and incorporate the entire understanding between the parties with respect to the subject matter hereof and supersede all previous oral or written agreements between Seller and Purchaser regarding the products,
equipment and services provided by Seller (except in those instances when a separate agreement executed by both Seller and Purchaser provides that it is to control). Any terms contained in any Purchaser purchase order, or other Purchaser document, which are
inconsistent with or in addition to the terms contained in the Agreement shall be deemed rejected in advance and shall form no part of the Agreement, and in the event of a conflict between the terms of the Agreement and any such document, the terms of the Agreement shall
govern and prevail. In the event of a conflict between these Terms and Conditions and the terms in the preceding page(s), or in any document which incorporates these Terms and Conditions, if any, as applicable, these Terms and Conditions shall control. The terms of the Agreement may not be amended or waived except in a writing signed by the parties hereto.
 

2. Payment Terms. Except as otherwise provided on the invoice, Purchaser shall pay Seller for the product or equipment sold or leased, or services delivered by Seller, by paying all invoiced amounts in U.S. dollars, without set-off for any payment from Seller not due under this
Contract, within thirty (30) days from the date of each invoice. For each calendar month, or fraction thereof, that payment is late Purchaser shall pay a late payment charge computed at the rate of one and one-third percent (1.333%) per month (16.0% APR) on the overdue balance,
or the maximum rate permitted by law, whichever is less. In addition to any right of set-off, deduction or recoupment provided or allowed by law, Seller may set off against, and deduct and recoup from, any amounts due or to become due from Purchaser to Seller, or any of its
affiliates, any amounts due or to become due from Seller, or its affiliates, to Purchaser. In the event Purchaser is not current in its payments Seller reserves the suspend services or delivery as well as the right to change the credit terms to Purchaser.
 

3. Taxes. Prices are exclusive of all sales, use, or excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state or local governmental entity on any amounts payable by Purchaser under this Agreement. Any such taxes, duties and charges currently assessed or which may be assessed in the future, that are applicable to the sales made under this Agreement are for Purchaser’s account, and Purchaser hereby agrees to pay such taxes provided, that, Purchaser shall not be responsible for any taxes imposed on, or

with respect to, Seller’s income, revenues, gross receipts, personnel, or ownership of real or personal property or assets. Purchaser actions in obtaining and using the product, equipment or services hereunder shall at all times comply with applicable laws, including export control laws.
4. Shipping Costs. Seller shall be responsible for costs of shipping the product or equipment sold to Seller only if the prepaid costs of shipping are shown on the invoice as a separate line item. In the absence of a separate line item, all prices shown on an invoice are
F.O.B. Seller’s dock.
 

5. Security Interest. Seller retains a purchase money security interest in the product or equipment sold or leased, or services delivered by Seller, until such time as the invoice for such product or equipment sold or leased, or services delivered by Seller, has been paid in full.
Seller may file a financing statement under the Uniform Commercial Code to secure its interest in the product or equipment sold or leased, or services delivered by Seller, for which payment has not been received.
 

6. Waivers, No Warranty from Seller. Purchaser represents and warrants that it is familiar with the characteristics, qualities, and uses of the product or equipment sold or leased, or services delivered by Seller in connection herewith, that Purchaser is not relying on Seller’s
skill or judgment to select or furnish product, equipment or services for any particular purpose, and that Purchaser has been provided adequate product and equipment information and instructions and will follow the proper directions in the use of any product or equipment.
Ineffectiveness of products or equipment sold or leased in connection herewith, or other unintended consequences, may result because of such factors as (without limitation) the presence of unfavorable geologic or weather conditions, or the manner of use or application,
and these risks and liabilities, along with any others (without limitation), are hereby assumed by Purchaser, user, and their purchasers. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, SELLER MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES TO
PURCHASER, USER OR ANY THIRD PARTY, RESPECTING ANY PRODUCT, EQUIPMENT, OR SERVICES PROVIDED IN CONNECTION HEREWITH, EXCEPT THAT SERVICES WILL BE CONSISTENT WITH SELLER’S STANDARD PRACTICES AND THOSE WHICH ARE
GENERALLY FOLLOWED BY SIMILAR PROVIDERS IN THE SAME INDUSTRY. SELLER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, EXPRESS OR IMPLIED, ARISING BY LAW, ORALLY OR IN WRITING, BY USAGE OF TRADE, COURSE OF DEALING, STATUTORY OR OTHERWISE, RESPECTING THE PRODUCT, EQUIPMENT OR SERVICES, INCLUDING WITHOUT
LIMITATION, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON- INFRINGEMENT. No person or agent has any authority on behalf of Seller to make any warranties, guarantees, or representations different from, or in addition to, those stated herein.
To the extent services, products, or equipment sold or leased by Seller in connection herewith are performed or manufactured by third parties, including independent contractors performing services on behalf of Seller, such services, products or equipment are furnished “AS-IS” by
Seller and are subject only to the third-party provider’s or manufacturer’s warranties, if any, which attach to such services, product or equipment.
 

7. Limitations and Damages Disclaimer. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, SELLER SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, EXEMPLARY, ENHANCED OR SPECIAL DAMAGES, OR FOR DAMAGES IN THE NATURE OF PENALTIES, INCLUDING WITHOUT LIMITATION, BUSINESS INTERRUPTION, LOST PROFITS, DIMINUTION IN
VALUE OR LOSS OF YIELD, FOR ANY REASON WHATSOEVER, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, THE PURCHASER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, SELLER’S LIABILITY FOR DIRECT DAMAGES (A) FOR PRODUCT SOLD OR EQUIPMENT PROVIDED SHALL IN NO EVENT EXCEED THE PURCHASE OR LEASE PRICE OF THE PARTICULAR PRODUCT OR EQUIPMENT WITH RESPECT TO WHICH SUCH DAMAGES ARE CLAIMED, AND (B) FOR SERVICES PROVIDED SHALL NOT EXCEED THE FEES PAID OR PAYABLE FOR THE PARTICULAR SERVICES PERFORMED. Seller does not warrant and shall not be liable for any results
obtained in using any product or equipment sold or leased hereunder either alone or in combination with other substances, products or equipment or for any results obtained in using any services, and shall not in any case be liable to Purchaser or any other person or entity for
damages to person or property or otherwise, incurred as a result of the purchase, use (negligent or otherwise), treatment, storage, handling (including without limitation demurrage or like charges), disposal, application or performance of any product or equipment sold or leased
hereunder or use of any service provided hereunder.
 

8. Cancellations; Returns. Orders for product, equipment sold or leased, or services, including those with delayed delivery dates, cannot be cancelled absent written authorization from Seller. Seller may, but shall not be obligated to, accept returns of products in their original
condition (i.e. without any damage or diminution in value), and in such event, Purchaser shall pay the “restocking fee” invoiced by Seller therefor in accordance with the payment terms contained herein. The parties intend that the restocking fee constitute liquidated damages to
compensate Seller for the handling of such products and are not a penalty. The parties acknowledge and agree that the Seller’s harm caused by handling of the restocked product would be impossible or very difficult to accurately estimate at the time of contracting and that the
restocking fee is a reasonable estimate of the anticipated or actual impact to Seller that might arise from handling such a return and is Seller’s exclusive remedy for allowing such a return and handling the product.
 

9. Delivery; Title; Risk of Loss. Any claim for shortage, damage, or condition of product (excluding chemical analysis) sold or equipment leased hereunder or deficiency in services must be made in writing within two (2) days of arrival of such product or equipment or delivery of
the services. Failure by Purchaser to notify Seller within such time period will be deemed a waiver of such claims by Purchaser. Title to the product or equipment sold shall pass to Buyer at the point and time of delivery and transfer of risk of loss. Where delivery is Purchaser’s
responsibility, risk of loss or damage to any product sold, equipment sold or leased, or containers used to transport either shall pass to Purchaser when the product or equipment are made available for pick up at Seller’s dock. Where delivery is Seller’s responsibility, risk of loss
of or damage to any product sold, equipment sold or leased, or containers used to transport either shall pass to Purchaser when Seller or its designated carrier or agent delivers the product, equipment, or containers to Purchaser’s dock or delivery location.
 

10. Indemnification. Purchaser shall indemnify, defend and hold harmless Seller and Seller’s affiliates and each of their respective shareholders, directors, officers, employees and agents from and against all liability, loss, damages, injury, claims, judgments, demands,
penalties, fines, suits or proceedings, whether judicial, administrative or otherwise, and attorney’s fees and other costs and expenses of whatever kind and nature, arising out of or in any manner related to the use, transportation, storage, handling, disposal, operation or

performance of the product or equipment or delivery of the services provided by or on behalf of Seller hereunder.
 

11. Safe and Proper Use. Purchaser shall use, handle, store, transport and dispose of products and equipment in such a manner as is necessary for the safety and protection of persons, property and the environment, and in accordance with the manufacturer’s guidelines
and labels, applicable law, and Material Safety Data Sheets for such products and equipment. Purchaser will adequately instruct and train employees with respect to the same and will inform employees and purchasers of hazards with respect to products and equipment sold or leased in connection herewith.
 

12. Excusable Events. Seller shall not be liable to Purchaser nor be deemed to be in breach of any agreement related to the delivery of product sold by or leased from Seller or delivery of services, for any failure or delay in fulfilling its obligations hereunder, to the extent
such failure or delay is due to causes or contingencies beyond its reasonable control, including, but not limited to, acts of God, the elements, actions of government, strikes, fires, floods, wars, civil commotions, industrial disturbances, shortages of adequate power or transportation
facilities, strikes, labor disturbances and embargoes.
 

13. Acceptance. The Purchaser’s acceptance of delivery of any product(s), equipment or services provided hereunder shall constitute acceptance of these Terms and Conditions by Purchaser.
 

14. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Nebraska, notwithstanding Nebraska’ rules relating to choice of laws. If any term or provision herein is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or
unenforceability shall not affect any other term or provision herein or invalidate or render unenforceable such term or provision in any other jurisdiction.

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Effective 03/27/2024