Common use of Sales Representatives and Permitted Subdistributors Clause in Contracts

Sales Representatives and Permitted Subdistributors. Buyer agrees that all of its sales representatives and permitted subdistributors will be subject to the terms and conditions of this Agreement. CROSSTEX INTERNATIONAL, INC. RETURNED MATERIAL AUTHORIZATION POLICY AND SHORT SHIPMENT POLICY Returns: A product manufactured or sold by Crosstex International, Inc. and/or its subsidiaries, SPS Medical Supply Corp. and/or Accutron, Inc. (collectively, “Crosstex”) may not be returned unless it is damaged, defective, received in error, or as otherwise authorized in the sole discretion of Crosstex. Hardware products and custom hoses are all final sales and may not be returned. All returns are subject to the following: • The customer must obtain a returned material authorization (“RMA”) number from a Crosstex customer service representative before returning a product, regardless of the reason for the return. The customer must describe the reason for return in reasonable detail at the time of obtaining the RMA number from Crosstex. Crosstex will not assume any liability for a product returned without a RMA number, and may refuse to accept delivery of such product and/or return such product to the customer at the customer’s expense. The customer bears all risk of loss or damage in such instance. • THE RMA NUMBER AND ORIGINAL INVOICE DATE MUST BE LISTED ON ALL PAPERWORK. • Issuance of a RMA number by Crosstex does not guarantee that a return will be accepted. In the case of an alleged damaged or defective product, Crosstex will only accept returns if (a) the alleged damage or defect is established to the satisfaction of Crosstex,

Sales Representatives and Permitted Subdistributors. Buyer agrees that all of its sales representatives and permitted subdistributors will be subject to the terms and conditions of this Agreement. CROSSTEX INTERNATIONAL, INC. RETURNED MATERIAL AUTHORIZATION POLICY AND SHORT SHIPMENT POLICY Returns: A product manufactured or sold by Crosstex International, Inc. and/or its subsidiaries, SPS Medical Supply Corp. and/or Accutron, Inc. (collectively, “Crosstex”) may not be returned unless it is damaged, defective, received in error, or as otherwise authorized in the sole discretion of Crosstex. Hardware products and custom hoses are all final sales and may not be returned. All returns are subject to the following: • The customer must obtain a returned material authorization (“RMA”) number from a Crosstex customer service representative before returning a product, regardless of the reason for the return. The customer must describe the reason for return in reasonable detail at the time of obtaining the RMA number from Crosstex. Crosstex will not assume any liability for a product returned without a RMA number, and may refuse to accept delivery of such product and/or return such product to the customer at the customer’s expense. The customer bears all risk of loss or damage in such instance. • THE RMA NUMBER AND ORIGINAL INVOICE DATE MUST BE LISTED ON ALL PAPERWORK. • Issuance of a RMA number by Crosstex does not guarantee that a return will be accepted. In the case of an alleged damaged or defective product, Crosstex will only accept returns if (a) the alleged damage or defect is established to the satisfaction of Crosstex,, (b) such product is still covered by the warranty, and (c) the customer has notified Crosstex in writing within (i) 48 hours of delivery in the case of any damage that is discoverable on a visual inspection or (ii) 10 days following discovery of the defect. Any damage that is discoverable on a visual inspection must also be reported to the carrier within 48 hours of delivery. Notwithstanding the foregoing, if the customer discovers upon delivery that the product is damaged, the customer must refuse the damaged product. If the customer accepts the product with visible damage, it must be noted on the carrier’s delivery record so that a claim can be filed with the carrier. A product shipped in error by Crosstex must be reported to Crosstex within 48 hours of delivery and returned within 10 days of delivery by the customer to receive a credit. A credit will not be issued until the returned product is received. If the customer elects to keep the product or fails to report the error to Crosstex within 48 hours of delivery, the customer will be invoiced for the product. Except as otherwise provided herein, the customer is responsible for all costs related to returning the product to Crosstex, including freight, shipping and insurance expenses. Crosstex does not take possession of a product until it is received in Crosstex’s system. Crosstex will not be responsible for any damage or loss during shipment. Any freight, shipping or insurance charges associated with a return of a product shipped in error by Crosstex will either be credited or refunded to the customer, as determined by Crosstex. If Crosstex replaces or repairs a damaged or defective product or replaces a product shipped in error by Crosstex, Crosstex will pay all freight, shipping and insurance charges to ship such product to the customer, provided that the customer has complied with this RMA Policy. If a defective flowmeter is returned to Crosstex during the warranty period in compliance with the terms of this RMA Policy, the customer must pay a $35.00 shipping and handling fee, which will be assessed by Crosstex each time a flowmeter is returned to Crosstex for warranty repair or replacement. A product accepted for return by Crosstex in its sole discretion (for reason other than damage, defect or Crosstex’s error) will be subject to a restocking fee. A minimum 20% restocking fee will be charged to the customer’s account. In these cases, the product must be returned in the original, unopened packaging and in saleable condition, and is subject to quality control inspection prior to acceptance.

Sales Representatives and Permitted Subdistributors. Buyer agrees that all of its sales representatives and permitted subdistributors will be subject to the terms and conditions of this Agreement. CROSSTEX INTERNATIONAL, INC. RETURNED MATERIAL AUTHORIZATION POLICY AND SHORT SHIPMENT POLICY Returns: A product manufactured or sold by Crosstex International, Inc. and/or its subsidiaries, SPS Medical Supply Corp. and/or Accutron, Inc. (collectively, “Crosstex”) may not be returned unless it is damaged, defective, received in error, or as otherwise authorized in the sole discretion of Crosstex. Hardware products and custom hoses are all final sales and may not be returned. All returns are subject to the following: •  The customer must obtain a returned material authorization (“RMA”) number from a Crosstex customer service representative before returning a product, regardless of the reason for the return. The customer must describe the reason for return in reasonable detail at the time of obtaining the RMA number from Crosstex. Crosstex will not assume any liability for a product returned without a RMA number, and may refuse to accept delivery of such product and/or return such product to the customer at the customer’s expense. The customer bears all risk of loss or damage in such instance. •  THE RMA NUMBER AND ORIGINAL INVOICE DATE MUST BE LISTED ON ALL PAPERWORK. •  Issuance of a RMA number by Crosstex does not guarantee that a return will be accepted. In the case of an alleged damaged or defective product, Crosstex will only accept returns if (a) the alleged damage or defect is established to the satisfaction of Crosstex,

Sales Representatives and Permitted Subdistributors. Buyer Xxxxx agrees that all of its sales representatives and permitted subdistributors will be subject to the terms and conditions of this Agreement. CROSSTEX INTERNATIONAL, INC. RETURNED MATERIAL AUTHORIZATION POLICY AND SHORT SHIPMENT POLICY Returns: A product manufactured or sold by Crosstex International, Inc. and/or its subsidiaries, SPS Medical Supply Corp. and/or Accutron, Inc. (collectively, “Crosstex”) may not be returned unless it is damaged, defective, received in error, or as otherwise authorized in the sole discretion of Crosstex. Hardware products and custom hoses are all final sales and may not be returned. All returns are subject to the following: •  The customer must obtain a returned material authorization (“RMA”) number from a Crosstex customer service representative before returning a product, regardless of the reason for the return. The customer must describe the reason for return in reasonable detail at the time of obtaining the RMA number from Crosstex. Crosstex will not assume any liability for a product returned without a RMA number, and may refuse to accept delivery of such product and/or return such product to the customer at the customer’s expense. The customer bears all risk of loss or damage in such instance. •  THE RMA NUMBER AND ORIGINAL INVOICE DATE MUST BE LISTED ON ALL PAPERWORK. •  Issuance of a RMA number by Crosstex does not guarantee that a return will be accepted. In the case of an alleged damaged or defective product, Crosstex will only accept returns if (a) the alleged damage or defect is established to the satisfaction of Crosstex,

Sales Representatives and Permitted Subdistributors. Buyer agrees that all of its sales representatives and permitted subdistributors will be subject to the terms and conditions of this Agreement. CROSSTEX INTERNATIONAL, INC. RETURNED MATERIAL AUTHORIZATION POLICY AND SHORT SHIPMENT POLICY Returns: A product manufactured or sold by Crosstex International, Inc. and/or its subsidiariessubsidiary, SPS Medical Supply Corp. and/or Accutron, Inc. (collectively, “Crosstex”) may not be returned unless it is damaged, defective, received in error, or as otherwise authorized in the sole discretion of Crosstex. Hardware products and custom hoses are all final sales and may not be returned. All returns are subject to the following: •  The customer must obtain a returned material authorization (“RMA”) number from a Crosstex customer service representative before returning a product, regardless of the reason for the return. The customer must describe the reason for return in reasonable detail at the time of obtaining the RMA number from Crosstex. Crosstex will not assume any liability for a product returned without a RMA number, and may refuse to accept delivery of such product and/or return such product to the customer at the customer’s expense. The customer bears all risk of loss or damage in such instance. •  THE RMA NUMBER AND ORIGINAL INVOICE DATE MUST BE LISTED ON ALL PAPERWORK. •  Issuance of a RMA number by Crosstex does not guarantee that a return will be accepted. In the case of an alleged damaged or defective product, Crosstex will only accept returns if (a) the alleged damage or defect is established to the satisfaction of Crosstex,

Sales Representatives and Permitted Subdistributors. Buyer Xxxxx agrees that all of its sales representatives and permitted subdistributors will be subject to the terms and conditions of this Agreement. CROSSTEX INTERNATIONAL, INC. RETURNED MATERIAL AUTHORIZATION POLICY AND SHORT SHIPMENT POLICY Returns: A product manufactured or sold by Crosstex International, Inc. and/or its subsidiariessubsidiary, SPS Medical Supply Corp. and/or Accutron, Inc. (collectively, “Crosstex”) may not be returned unless it is damaged, defective, received in error, or as otherwise authorized in the sole discretion of Crosstex. Hardware products and custom hoses are all final sales and may not be returned. All returns are subject to the following: • The customer must obtain a returned material authorization (“RMA”) number from a Crosstex customer service representative before returning a product, regardless of the reason for the return. The customer must describe the reason for return in reasonable detail at the time of obtaining the RMA number from Crosstex. Crosstex will not assume any liability for a product returned without a RMA number, and may refuse to accept delivery of such product and/or return such product to the customer at the customer’s expense. The customer bears all risk of loss or damage in such instance. • THE RMA NUMBER AND ORIGINAL INVOICE DATE MUST BE LISTED ON ALL PAPERWORK. • Issuance of a RMA number by Crosstex does not guarantee that a return will be accepted. In the case of an alleged damaged or defective product, Crosstex will only accept returns if (a) the alleged damage or defect is established to the satisfaction of Crosstex,

Sales Representatives and Permitted Subdistributors. Buyer Xxxxx agrees that all of its sales representatives and permitted subdistributors will be subject to the terms and conditions of this Agreement. CROSSTEX INTERNATIONAL, INC. RETURNED MATERIAL AUTHORIZATION POLICY AND SHORT SHIPMENT POLICY Returns: A product manufactured or sold by Crosstex International, Inc. and/or its subsidiaries, SPS Medical Supply Corp. and/or Accutron, Inc. (collectively, “Crosstex”) may not be returned unless it is damaged, defective, received in error, or as otherwise authorized in the sole discretion of Crosstex. Hardware products and custom hoses are all final sales and may not be returned. All returns are subject to the following: • The customer must obtain a returned material authorization (“RMA”) number from a Crosstex customer service representative before returning a product, regardless of the reason for the return. The customer must describe the reason for return in reasonable detail at the time of obtaining the RMA number from Crosstex. Crosstex will not assume any liability for a product returned without a RMA number, and may refuse to accept delivery of such product and/or return such product to the customer at the customer’s expense. The customer bears all risk of loss or damage in such instance. • THE RMA NUMBER AND ORIGINAL INVOICE DATE MUST BE LISTED ON ALL PAPERWORK. • Issuance of a RMA number by Crosstex does not guarantee that a return will be accepted. In the case of an alleged damaged or defective product, Crosstex will only accept returns if (a) the alleged damage or defect is established to the satisfaction of Crosstex,, (b) such product is still covered by the warranty, and (c) the customer has notified Crosstex in writing within (i) 48 hours of delivery in the case of any damage that is discoverable on a visual inspection or (ii) 10 days following discovery of the defect. Any damage that is discoverable on a visual inspection must also be reported to the carrier within 48 hours of delivery. Notwithstanding the foregoing, if the customer discovers upon delivery that the product is damaged, the customer must refuse the damaged product. If the customer accepts the product with visible damage, it must be noted on the carrier’s delivery record so that a claim can be filed with the carrier. A product shipped in error by Crosstex must be reported to Crosstex within 48 hours of delivery and returned within 10 days of delivery by the customer to receive a credit. A credit will not be issued until the returned product is received. If the customer elects to keep the product or fails to report the error to Crosstex within 48 hours of delivery, the customer will be invoiced for the product. Except as otherwise provided herein, the customer is responsible for all costs related to returning the product to Crosstex, including freight, shipping and insurance expenses. Crosstex does not take possession of a product until it is received in Crosstex’s system. Crosstex will not be responsible for any damage or loss during shipment. Any freight, shipping or insurance charges associated with a return of a product shipped in error by Crosstex will either be credited or refunded to the customer, as determined by Crosstex. If Crosstex replaces or repairs a damaged or defective product or replaces a product shipped in error by Crosstex, Crosstex will pay all freight, shipping and insurance charges to ship such product to the customer, provided that the customer has complied with this RMA Policy. If a defective flowmeter is returned to Crosstex during the warranty period in compliance with the terms of this RMA Policy, the customer must pay a $35.00 shipping and handling fee, which will be assessed by Crosstex each time a flowmeter is returned to Crosstex for warranty repair or replacement. A product accepted for return by Crosstex in its sole discretion (for reason other than damage, defect or Crosstex’s error) will be subject to a restocking fee. A minimum 20% restocking fee will be charged to the customer’s account. In these cases, the product must be returned in the original, unopened packaging and in saleable condition, and is subject to quality control inspection prior to acceptance.