WINDCHILL DEVELOPMENT, LLC

Terms of Sale

All sales of products by Windchill Development, LLC (“Seller”) are made on the following terms and conditions. In these Terms of Sale, any products sold by Seller to the buyer (“Buyer”) are referred to below as “goods.”

1. Agreement. If Buyer has not otherwise agreed to these Terms of Sale, then Buyer’s acceptance of delivery of, or payment for, the goods will constitute Buyer’s agreement to these Terms. Seller objects to and will not agree to any terms that are additional to or different from these terms. Terms that are printed on or contained in a purchase order or other form prepared by Buyer which are additional to, in conflict with or inconsistent with those herein will be considered inapplicable and will have no force or effect.

2. Order Acceptance Policy. Buyer’s receipt of an electronic or other form of order confirmation does not signify Seller’s acceptance of Buyer’s order, nor does it constitute confirmation of Seller’s offer to sell. Seller reserves the right at any time after receipt of Buyer’s order to accept or decline Buyer’s order for any reason. Seller reserves the right at any time after receipt of Buyer’s order, without prior notice to Buyer, to supply less than the quantity ordered of any item. Seller may require additional verifications or information before accepting any order.

3. Payment Terms. Seller will have the right to increase its prices at any time without notice. Payment for the products will be made in full before physical delivery of goods.

4. Delivery and Risk of Loss. Seller or the distributor of the goods (“Distributor”) will deliver the goods to Buyer on the terms set forth in Seller’s quotation or acknowledgment, except that risk of loss of the goods will pass to Buyer upon identification of the goods to the contract between Buyer and Seller. Shipping, delivery and performance dates are estimates only, and time is not of the essence. Seller or Distributor may ship all the quantity of goods in each order at one time or in portions from time to time. Seller will have the right, but no obligation, to determine the method of shipment and routing of the goods, unless otherwise agreed to by Seller in writing.

5. Taxes. Seller’s price does not include any privilege, occupation, personal property, value-added, sales, excise, use or other taxes, and Buyer will be liable for all such taxes, whether or not Seller invoices Buyer for them. Buyer agrees to provide Seller in good faith with a tax exemption certificate as to the goods Buyer purchases from Seller, and Seller will be entitled to rely on the tax exemption certificate Buyer provides.

6. Unavoidable Delay. If Seller is not able to finish or deliver the goods to Buyer on time because of anything Seller cannot control (such as casualty, labor trouble, accidents or unavailability of goods, supplies or transportation), then the estimated delivery or performance time will be extended accordingly, and Seller will not be liable to Buyer for any damages caused by the delay.

7. Defects; Limitations. SELLER DOES NOT MAKE ANY WARRANTY AS TO THE GOODS, EXPRESS OR IMPLIED, AND, IN PARTICULAR, DOES NOT MAKE ANY WARRANTY OF TITLE, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Seller will not have any tort liability with respect to any of the goods and will not be liable to Buyer or any other third party for consequential, incidental, punitive or other special damages of any kind whatsoever, including but not limited to lost profits or other financial damage, that arise from any product defect, delay, non-delivery or other breach. No person other than an officer of Seller may modify or waive these warranty limitations, and all modifications or waivers must be in writing.

8. Cancellation. Buyer does not have any right to cancel its agreement to buy the goods from Seller. If, however, Seller agrees in writing to permit cancellation, Buyer agrees that such cancellation will be subject to restocking fees, if any.

9. Returns. Other than as explicitly set forth in this Section, Buyer will not have any right of rejection or of revocation of acceptance of the goods. Remedies for returns are limited to replacement of defective goods. No cash or other reimbursement will be given. Ship the defective goods, along with the case and proof of purchase to the address below:

Take Me Out To A Cubs Game

Dept. 8335 – Returns

6555 West Mill Road

Milwaukee, Wisconsin 53218-1219

We are not responsible for return items lost or damaged in transit. All returns will be processed and replacement goods will be shipped within two weeks from receipt of defective returned goods. We will not accept returns sent to our facility via freight collect/COD.

10. Indemnity and Reimbursement. Buyer will indemnify and hold harmless Seller with respect to all damages, losses, claims and expenses, including consequential and incidental damages and actual attorney fees, that Seller incurs as a result of Buyer’s breach of any of Buyer’s obligations under these Terms of Sale. If Buyer brings a claim against Seller arising out of or relating to this Agreement or the goods, and Seller ultimately prevails or Buyer eventually elects not to further pursue the claim, then Buyer will reimburse Seller for all expenses incurred by Seller in connection with such claim, including but not limited to actual attorney fees.

11. Seller’s Rights. Seller has all rights and remedies that applicable law gives to sellers. Seller’s rights and remedies are cumulative, and Seller may exercise them from time to time. Seller’s waiver of any right on one occasion will not be a waiver of any future exercise of that right.

12. Time For Bringing Action. Any action that Buyer brings against Seller for breach of this Agreement or for any other claim that arises out of or relates to the goods or their design, manufacture, sale or delivery must be brought within one year after the cause of action accrues.

13. Applicable Law. This agreement between Seller and Buyer is made in the State of Illinois, and it will be governed by, construed, and interpreted according to Illinois law. Either party may bring any action that arises out of or relates to this agreement in any federal or state court of competent jurisdiction in Illinois and Buyer irrevocably consents that any such court will have personal jurisdiction over Buyer and waives any objection that the court is an inconvenient forum.

14. Complete Agreement; Amendment. These Terms of Sale contain the entire agreement between Buyer and Seller as to the subject matter hereof. Any change in this agreement must be in a writing signed by an authorized officer of Seller.