2023 Q1 Ultra Standard OTC Catalog

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Dear Valued Customer,

For your convenience, our conditions of sale are set forth below. Please read, sign at the bottom, and return this acknowledgement form to our Director of Credit as soon as possible.

1. All claims for damages, shortages, shipping errors and other alleged failures to conform to buyer’s order must be made in writing by buyer within forty eight hours (48) after buyer’s receipt of goods. Buyer’s failure to comply with the foregoing constitutes a waiver by buyer of any such claim.

2. All returns must be pre-approved by seller. Any return for a reason other than seller’s error will be subject to a 15% handling charge. No term discounts will be allowed for returned merchandise.

3. A redelivery fee of $50.00 will be charged to all COD or money pick-up deliveries refused by customer.

4. Any unpaid balance shall accrue a monthly interest charge following its payment due date at the annual rate of 18%. In the event that an attorney is employed by the seller to collect all or any portion of the unpaid balance, buyer agrees to pay seller’s reasonable attorney fees and costs of collection, whether or not a suit is commenced.

5. If a remittance check to Ultra/Standard Distributors is returned for any reason, the undersigned agrees to pay a NSF (Non Sufficient Funds) fee of $70.00. This fee will be added to the account balance.

6. Acceptance by buyer of seller’s goods shall constitute a firm contract on all the terms and conditions set forth herein. Inconsistent terms contained in any purchase order or other documents are expressly rejected and shall not become a part of any contract between buyer and seller unless embodied in a writing signed by the seller. The contract between buyer and seller that embodies these terms shall be governed by and construed according to the internal laws of the State of New Jersey.

Ultra Standard Distributors takes pride in our unrivaled level of customer service and support, and appreciates the opportunity to serve your business needs. Acknowledgement of the conditions set forth herein will ensure the highest level of service and support you deserve.

Yours truly, Ultra Standard Distributors

The seller must collect the tax on a sale of taxable property or services unless the purchaser gives him a properly completed New Jersey exemption certificate.

State of New Jersey DIVISION OF TAXATION

SALES TAX FORM

ST-3 RESALE CERTIFICATE

To be completed by purchaser and given to and retained by seller. See instructions on back. Seller should read and comply with the instructions given on both sides of an exemption certificate.

TO ________________________________________________________________________ Date_______________________________

(Name of Seller)

669 River Drive Suite 308 Elmwood Park NJ 07407

Address City State Zip

The undersigned certifies that:

(1)He holds a valid Certificate of Authority (number shown above) to collect State of New Jersey Sales and Use Tax.

(2)He is principally engaged in the sale of (indicate nature of merchandise or service sold):

(3)The merchandise or services being herein purchased are described as follows:

(4)The merchandise described in (3) above is being purchased: (check one or more of the blocks which apply)

(a) For resale in its present form.

(b) For resale as converted into or as a component part of a product produced by the undersigned.

(c) For use in the performance of a taxable service on personal property, where the property which is the subject of this Certificate becomes part of the property being serviced or is later transferred to the purchaser of the service in conjunction with the performance of the service.

(5)The services described in (3) above are being purchased: (check the block which applies)

(a) By a seller who will either collect the tax or will resell the services.

(b) To be performed on personal property held for sale.

I, the undersigned purchaser, have read and complied with the instructions and rules promulgated pursuant to the New Jersey Sales and Use Tax Act with respect to the use of the Resale Certificate, and it is my belief that the seller named herein is not required to collect the sales or use tax on the transaction or transactions covered by this Certificate. The undersigned purchaser hereby swears under the penalties for perjury and false swearing that all of the information shown in this Certificate is true.

NAME OF PURCHASER

(Address of Purchaser)

(as registered with the New Jersey Division of Taxation)

By (Signature of owner, partner, officer of corporation, etc.) (Title)

MAYBE

REPRODUCED (Front & Back Required)

1.Good Faith - To act in good faith means to act in accordance with standards of honesty. In general, registered sellers who accept exemption certificates in good faith are relieved of liability for the collection and payment of sales tax on the transactions covered by the exemption certificate.

In order for good faith to be established, the following conditions must be met:

(a)Certificate must contain no statement or entry which the seller knows is false or misleading;

(b)Certificate must be an official form or a proper and substantive reproduction, including electronic;

(c)Certificate must be filled out completely;

(d)Certificate must be dated and include the purchaser’s New Jersey tax identification number or, for a purchaser that is not registered in New Jersey, the Federal employer identification number or out-of-State registration number. Individual purchasers must include their driver’s license number; and (e)Certificate or required data must be provided within 90 days of the sale. The seller may, therefore, accept this certificate in good faith as a basis for exempting sales to the signatory purchaser and is relieved of liability even if it is determined that the purchaser improperly claimed the exemption.

2.ImproperCertificate - Sales transactions which are not supported by properly executed exemption certificates are deemed to be taxable retail sales. In this situation, the burden of proof that the tax was not required to be collected is upon the seller.

3.Correction of Certificate - In general, sellers have 90 days after date of sale to obtain a corrected certificate where the original certificate lacked material information required to be set forth in said certificate or where such information is incorrectly stated.

4.Additional Purchases by Same Purchaser- This certificate will serve to cover additional purchases by the same purchaser of the same general type of property. However, each subsequent sales slip or purchase invoice based on this Certificate must show the purchaser’s name, address and New Jersey, Federal, or out of state registration number for purpose of verification.

5.Retention of Certificates - Certificates must be retained by the seller for a period of not less than four years from the date of the last sale covered by the certificate. Certificates must be in the physical possession of the seller and available for inspection on or before the 90th day following the date of the transaction to which the certificate relates.

EXAMPLES OFPROPER USE OFRESALE CERTIFICATE

a.Aretail household appliance store owner issues a Resale Certificate when purchasing household appliances from a supplier for resale.

b.Afurniture manufacturer issues a Resale Certificate to cover the purchase of lumber to be used in manufacturing furniture for sale.

c.An automobile service station operator issues a Resale Certificate to cover the purchase of auto parts to be used in repairing customer cars.

EXAMPLES OFIMPROPER USE OFRESALE CERTIFICATE

In the examples below, the seller should not accept Resale Certificates, but should insist upon payment of the sales tax.

a.Alumber dealer can not accept a Resale Certificate from a tire dealer who is purchasing lumber for use in altering his premises.

b.Adistributor may not issue a Resale Certificate on purchases of cleaning supplies and other materials for his own office maintenance, even though he is in the business of distributing such supplies.

c.Aretailer may not issue a Resale Certificate on purchases of office equipment for his own use, even though he is in the business of selling office equipment.

d.Asupplier can not accept a Resale Certificate from a service station owner who purchases tools and testing equipment for use in his business.

REPRODUCTION OF RESALE CERTIFICATE FORMS: Private reproduction of both sides of Resale Certificates may be made without the prior permission of the Division of Taxation.

FOR MORE INFORMATION:

Call the Customer Service Center (609) 292-6400. Send an e-mail to nj.taxation@treas.state.nj.us. Write to: New Jersey Division of Taxation, Information and Publications Branch, PO Box 281, Trenton, NJ 08695-0281.

ResaleCertificate

□ Single-usecertificate □ BlanketcertificateDateissued

Temporaryvendorsmustissueasingle-usecertificate.

Sellerinformation- pleasetypeorprint

Sellerʼsname Address City State ZIPcode

Purchaserinformation- pleasetypeorprint

Iamengagedinthebusinessof andprincipallysell (Contractorsmaynotusethiscertificatetopurchasematerialsandsupplies.)

Part1- TobecompletedbyregisteredNewYorkStatesalestaxvendors

IcertifythatIam:

□ aNewYorkStatevendor(includingahoteloperatororaduesoradmissionsrecipient),showvendororentertainmentvendor.My validCertificateofAuthorityNumberis

□ aNewYorkStatetemporaryvendor.MyvalidCertificateofAuthorityNumberis andexpireson

Iampurchasing:

A □ Tangiblepersonalproperty(otherthanmotorfuelordieselmotorfuel)

● forresaleinitspresentformorforresaleasaphysicalcomponentpartoftangiblepersonalproperty;

● foruseinperformingtaxableserviceswherethepropertywillbecomeaphysicalcomponentpartofthepropertyuponwhich theserviceswillbeperformed,orthepropertywillactuallybetransferredtothepurchaserofthetaxableservicein conjunctionwiththeperformanceoftheservice,or

B □ Aserviceforresale,includingtheservicingoftangiblepersonalpropertyheldforsale.

Part2- Tobecompletedbynon-NewYorkStatepurchasers

IcertifythatIam notregisterednoramIrequiredtoberegisteredasaNewYorkStatesalestaxvendor.Iamregisteredtocollectsales taxorvalueaddedtax(VAT)inthefollowingstate/jurisdiction andhave beenissuedthefollowingregistrationnumber .(IfsalestaxorVATregistrationisnot requiredandaregistrationnumberisnotissuedbyyourhomejurisdiction,indicatethelocationofyourbusinessandwrite notapplicable onthelinerequestingtheregistrationnumber.)

Iampurchasing:

C □ Tangiblepersonalproperty(otherthanmotorfuelordieselmotorfuel)forresale,anditisbeingdelivereddirectlybythesellerto mycustomerortoanunaffiliatedfulfillmentservicesproviderinNewYorkState.

D □ TangiblepersonalpropertyforresalethatwillberesoldfromabusinesslocatedoutsideNewYorkState.

FormST-120, ResaleCertificate,isasalestaxexemption certificate. Thiscertificateisonlyforusebyapurchaserwho: A -isregisteredasaNewYorkStatesalestaxvendorandhasa validCertificateofAuthorityissuedbytheTaxDepartment andismakingpurchasesoftangiblepersonalproperty(other thanmotorfuelordieselmotorfuel)orservicesthatwillbe resoldortransferredtothepurchaserʼscustomers, or

B -isnotrequiredtoberegisteredwiththeNewYorkStateTax Department;

-isregisteredwithanotherstate,theDistrictofColumbia,a provinceofCanada,orothercountry,orislocatedinastate, province,orcountrywhichdoesnotrequiresellerstoregister forsalestaxorVATpurposes;and

-ispurchasingitemsforresalethatwillbeeither:

1)deliveredbythesellertothepurchaserʼscustomerorto anunaffiliatedfulfillmentserviceproviderlocatedinNew YorkState,or

2)deliveredtothepurchaserinNewYorkState,butresold fromabusinesslocatedoutsidethestate.

Note: Forpurposesof1)above,deliverybytheseller includesdeliveryinthesellerʼsownvehicleorbycommon carrier,regardlessofwhoarrangesforthetransportation.

If,amongotherthings,apurchaserhasanyplaceofbusiness orsalespeopleinNewYorkState,orownsorleasestangible personalpropertyintheState,thepurchaserisrequiredtobe registeredinNewYorkState.Ifyouneedhelpdeterminingif youarerequiredtoregisterbecauseyouengageinsomeother activityintheState,contacttheDepartment(seethe Need Help section).However,apurchaserwhoisnototherwise requiredtoberegisteredinNewYorkmaypurchasefulfillment servicesfromanunaffiliatedNewYorkfulfillmentservice providerandhaveitstangiblepersonalpropertylocatedonthe premisesoftheproviderwithoutbeingrequiredtoberegistered inNewYorkState.

Ifyoumeettheregistrationrequirementsandengageinbusiness activitiesinNewYorkStatewithoutpossessingavalidCertificate ofAuthority,youwillbesubjecttopenaltyofupto$500forthe firstdayonwhichyoumakeasaleorpurchase,andupto$200 foreachadditionalday,uptoamaximumof$10,000.

Limitationsonuse

Contractorscannotusethiscertificate.Theymusteither:

● issueFormST-120.1, ContractorsExemptPurchaseCertificate, ifthetangiblepersonalpropertybeingpurchasedqualifiesfor exemptionasspecifiedbythecertificate,or

● issueFormAU-297, DirectPaymentPermit,or ● paysalestaxatthetimeofpurchase.

Contractorsareentitledtoarefundorcreditofsalestaxpaidon materialsusedinrepairing,servicingormaintainingrealproperty, ifthematerialsaretransferredtothepurchaserofthetaxable serviceinconjunctionwiththeperformanceoftheservice.For additionalinformation,seePublication862, SalesandUseTax ClassificationsofCapitalImprovementsandRepairstoReal Property

TothePurchaser

Enteralltheinformationrequestedonthefrontofthisform.

Youmaycheckthe Blanketcertificate boxtocoverallpurchases ofthesamegeneraltypeofpropertyorservicepurchasedfor resale.Ifyoudonotcheckthe Blanketcertificate box,the certificatewillbedeemeda Single-usecertificate.Temporary

vendorsmaynotissueablanketcertificate.Atemporaryvendoris avendor(otherthanashoworentertainmentvendor),who,inno morethantwoconsecutivequartersinany12-monthperiod, makessalesoftangiblepersonalpropertyorservicesthatare subjecttotax.

Thiscertificatedoesnotexemptprepaidsalestaxoncigarettes. Thiscertificatemaynotbeusedtopurchasemotorfuelordiesel motorfuel.

Ifyouintentionallyissueafraudulentexemptioncertificate,youwill becomeliableforpenaltiesandinterest,inadditiontothesales taxinitiallydue.Somepenaltiesthatmayapply:

● 100%ofthetaxdue

● $50foreachfraudulentexemptioncertificateissued

● amisdemeanorpenaltyconsistingoffinesnottoexceed $10,000foranindividualor$20,000foracorporation

● lossofyourCertificateofAuthority

TotheSeller

IfyouareaNewYorkStateregisteredvendorandacceptan exemptiondocument,youwillbeprotectedfromliabilityforthe tax,ifthecertificateisvalid.

Thecertificatewillbeconsideredvalidifitwas:

● acceptedingoodfaith,

● inthevendorʼspossessionwithin90daysofthetransaction,and

● properlycompleted(allrequiredentriesweremade).

Acertificateisacceptedingoodfaithwhenasellerhasno knowledgethattheexemptioncertificateisfalseorisfraudulently given,andreasonableordinaryduecareisexercisedinthe acceptanceofthecertificate.

Youmustgetaproperlycompletedexemptioncertificatefromyour customernolaterthan90daysafterthedeliveryoftheproperty ortheperformanceoftheservice.Whenyoureceiveacertificate afterthe90days,bothyouandthepurchaseraresubjecttothe burdenofprovingthatthesalewasexempt,andadditional documentationmayberequired.Anexemptioncertificatereceived ontimethatisnotproperlycompletedwillbeconsidered satisfactoryifthedeficiencyiscorrectedwithinareasonable period.Youmustalsomaintainamethodofassociatinganinvoice (orothersourcedocument)foranexemptsalemadetoa customerwiththeexemptioncertificateyouhaveonfilefromthat customer.

Invalidexemptioncertificates- Salestransactionswhicharenot supportedbyvalidexemptioncertificatesaredeemedtobe taxableretailsales.Theburdenofproofthatthetaxwasnot requiredtobecollectedisupontheseller.

Retentionofexemptioncertificates-Youmustkeepthis certificateforatleastthreeyears aftertheduedateofthe returntowhichitrelates,orthedatethereturnwasfiled,iflater.

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