Purchasing Terms and ConditionsTerms and Conditions • May 22nd, 2023 • Virginia
Contract Type FiledMay 22nd, 2023 JurisdictionThepurchaseorder,togetherwiththeseterms and conditions,andany attachments and exhibits,specifications,drawings,notes,instructions andother information, whether physically attached or incorporated by reference (collectively the “Purchase Order”), constitutes the entire and exclusive agreement between ESS Technologies, Inc. (the “Buyer”) and the Seller (the “Seller”) identified in the Purchase Order. ESS Technologies, Inc. submission of the PurchaseOrder is conditioned on Seller’sagreement thatanyterms differentfrom or in additiontotheterms of the Purchase Order, whether communicated orally or contained in any purchase order confirmation, invoice, acknowledgment, release, acceptance or other written correspondence, irrespective of the timing, shall not form a part of the Purchase Order, even if Seller purports to condition its acceptance