Moog INC.

5. PRICE AND PAYMENT TERMS: a) The price of the Products and the currency of payment shall be as specified in the Contract, or, if not so specified, by Seller’s listed prices in effect at time of shipment. If Seller implements a general or industry specific price adjustment for any Product, all orders for such Product that are confirmed but not shipped as of the effective date of such adjustment shall be re-priced accordingly. b) All prices are for deliveries in accordance with the delivery term stated in the Contract or in these Terms and include standard packaging costs. All prices are exclusive of any taxes, levies and other charges of any kind imposed by a governmental authority, whether of a general or of a special nature, and shall be charged to and due and payable by Buyer. All drawback of duties paid hereunder shall accrue to Seller, and Buyer will reasonably cooperate with Seller in obtaining such payment, including furnishing Seller with reasonable supporting documentation. c) Seller may change prices, by written notice, due to changes in customs duties, taxes, vendor prices, foreign exchange fluctuations, currency regulations, or other factors beyond Seller’s control until delivery. If Seller is prevented from charging any price in effect by any governmental law, order, regulation, or ruling, then Seller may cancel the applicable Contract by giving Buyer thirty (30) days written notice thereof. d) Seller shall be entitled at its discretion to issue invoices to Buye

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3. FOB POINTS AND SHIPMENTS: a) For Contracts with delivery inside the U.S., all Products and services are sold FOB origin and the point of origin shall be that of Seller's manufacturing location identified in the Contract. Title and risk of loss shall pass to Buyer at this FOB point. Seller assumes no responsibility for delay, breakage, damage or loss after delivery to the carrier. Seller reserves the right to make partial shipments at its discretion. b) For Contracts with delivery outside the U.S., Seller and Buyer agree to apply INCOTERMS 2020. Delivery shall be FCA shipping point unless otherwise agreed by Seller and stated in the Contract. Risk of loss shall pass to Buyer as provided for by INCOTERMS 2020. Title shall pass to Buyer upon shipment. 4. BUYER'S OBLIGATION OF ASSISTANCE: Except to the extent Seller has otherwise assumed such responsibility for itself under express provisions of the Contract Buyer shall: a) place at Seller's disposal all information necessary for performance of the work including any plans, plant layout, wiring instructions and operational information that may reasonably be expected to affect the performance of the work. This includes to the extent reasonable previous studies or reports and other data relative to the design, installation and selection of equipment for the work to be performed by Seller. b) guarantee access to and to make all reasonable provisions for Seller to enter on its property and other public and private lands as is requ

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13. EQUIPMENT WARRANTIES AND REMEDY: a) Seller warrants that each newly manufactured Product sold hereunder and such portion of a repaired/refurbished Product as has been repaired or replaced by Seller under this warranty, shall be free from defects in material or workmanship at the time of shipment and shall perform during the warranty period in accordance with the specifications incorporated herein. Should any failure to conform to these warranties be discovered and brought to Seller's attention during the warranty period and be substantiated by examination at Seller's factory or by authorized field personnel, then at its own cost Seller shall correct such failure by, at Seller's option, repair or replacement of the nonconforming Product or portion thereof or return the unit purchase price of the nonconforming Product or component. Any Product returned for evaluation for repair that is deemed a non-warranty repair will be subject to a standard evaluation fee unless otherwise negotiated beforehand. Buyer agrees that this remedy shall be its sole and exclusive remedy against Seller and that no other remedy shall be available or pursued by Buyer against Seller. In no event shall Seller be liable for any costs or expenses in excess of those described in this paragraph and expressly excluding any liability or damages for special, incidental or consequential damages. The warranty period for newly manufactured Products shall extend 12 months from the date of shipment by Seller unl

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9. CANCELLATION: a) In the event of cancellation or termination of the Contract for breach of the provisions hereof by Buyer, Buyer agrees to pay Seller’s costs for work performed to the date of cancellation plus a reasonable profit as determined solely by Seller. Seller shall have no further liability to Buyer and Seller shall not be liable for any costs of cancellation, special, incidental or consequential damages (including punitive or exemplary damages) for any cause or of any nature whatsoever and such cancellation shall be in addition to any other rights and remedies of Seller under the Contract or at law. Further, Seller reserves the right to cancel the Contract or any portion thereof without liability if Buyer fails to make payment as required by the terms of the Contract or if Buyer is adjudicated bankrupt, files a petition in bankruptcy, makes an assignment for the benefit of creditors or if action under any law for the relief of debtors is taken. Further, if the Contract is accepted under a U.S. Government contract it may be terminated only for the convenience of the U.S. Government in accordance with applicable Federal procurement laws and regulations which shall govern the rights and obligations of the parties in any such termination. b) If at any time (i) Buyer is in material breach of a Contract and, where such breach is remediable, fails to remedy it within thirty (30) days from the date the breach occurs; (ii) Buyer fails to pay any invoice when due; (iii) Se

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