Export Terms

Exhibit D. Terms and Conditions of Export

Revision: February 23, 2023

A)    Limits on use of the Product

The products sold by IBS Electronics, Inc., its subsidiaries, or affiliates ("Seller") are designed and intended for use in various applications. However, by purchasing our products, you agree that they will not be used in life support systems, human implantation, nuclear facilities or systems, or any other application where product failure could lead to loss  of life or catastrophic property damage. In case of breach of this agreement, you agree to indemnify Seller for and hold Seller harmless against any loss, cost, or damage to Seller, which arises or results from such breach.

B)    Compliance with the Law

You acknowledge that the commodities, software, and/or technology you purchase or receive from Seller may be subject to export, re-export, or other restrictions under the laws of the country of manufacture, the country of the seller/distributor, and the country in which you reside. Therefore, you, on behalf of yourself and your subsidiaries and affiliates (collectively, "Customer"), agree to comply with all applicable laws and regulations regarding the export and re-export of such commodities, software, and/or technology and the direct products thereof in relation to goods obtained by Customer. Specifically:

1. Customer understands that all manufacturers, exporters, and brokers of U.S.-origin defense articles, defense services, or related technical data, as defined on the U.S. Munitions List (USML), must register with the U.S. Department of State Directorate of Defense Trade Controls (DDTC), as per 22 CFR 122 U.S. International Traffic in Arms Regulation ("ITAR").
   
   
2. Customer understands that the U.S. origin commodities, software, and/or technology exported from the U.S., and foreign-manufactured products that incorporate more than de-minimis (i.e., 10%) U.S.-origin content are subject to U.S. re-export authorization under the U.S. Export Administration Regulations ("EAR"). In case of re-export, Customer will ensure that all necessary permissions (i.e., export licenses, permits, etc., as applicable) will be obtained by the exporter. This includes export authorizations required for deemed exports (as defined in the EAR $734.2 and ITAR $120.17) to foreign persons. Furthermore, Customer acknowledges that any re-export of any U.S.-origin ITAR controlled item, or any re-export of a foreign-produced end-item that incorporates any U.S.-origin ITAR controlled component, requires re-export authorization from the U.S. Department of State DDTC.
   
   
3. Customer certifies that the commodities, software, and/or technology will not be used, sold, re-exported, or incorporated into products used directly or indirectly in the design, development, production, stockpiling, or use of chemical or biological weapons, nuclear programs, missiles, and maritime nuclear propulsion projects except as authorized under applicable laws and regulations relating to the manufacture, export, and/or re-export of these items.
   
   
4. Customer certifies that the commodities, software, and/or technology will not be used, sold, re-exported, or incorporated into products for use by military, police or intelligence entities, for any space applications, or for use in foreign vessels or aircraft except as authorized under applicable laws and regulations relating to the manufacture, export, and/or re-export of items.
   
   
5. Customer certifies that the commodities, software and/or technology will not be used directly or indirectly, sold, re-exported or incorporated into products for the benefit of persons or entities named on any United States denied or restricted party list, including the Entity List at Part 744 of the Export Administration Regulations, persons designated by the U.S. government as Specially Designated Global Terrorists (SDGTs), Specially Designated Terrorists (SDTs), Foreign Terrorist Organizations (FTOs) on the Specially Designated National (SDN) list; or other applicable government denied or restricted party list. 
   
   
6. Customer certifies that the commodities, software and/or technology will not be exported or re-exported directly or indirectly, diverted or transshipped to or via any country in violation of any United Nations, United States, European Union or any other applicable embargo, nor shipped or moved to a Free Trade Zone/Area except as authorized under applicable laws and regulations.
   
   
7. Customer certifies that it is not an embassy, agency or subdivision of, or otherwise affiliated with a non-U.S. government. 
   
   
8. Customer agrees that when requested by Seller it will provide Seller with an end use/user statement, in form and substance satisfactory with Seller, certifying as to the use of the applicable commodities, software and/or technology. 
   
   
9. Customer certifies that, if it is unable to fulfill the above certifications, or if any of the information provided by Customer in this document shall change at any time, it will advise Seller of the changes in writing before placing further orders. This certification shall survive the term and termination of the relationship between the Customer and Seller.