Export Restricted Item(s)

Customer Statement of Understanding - U.S. Export Regulations

The U.S. Department of State’s Directorate of Defense Trade Controls (DDTC), the U.S. Department of Commerce’s Bureau of Industry and Security (BIS), and the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC), administer export control regulations that affect some products marketed and sold by Fusion Thermal, LLC.

Therefore, all Fusion Thermal, LLC Customers (Consumers and Resellers), Parties Listed in “Bill To,” or Parties Listed in “Ship To” of the Fusion Thermal, LLC Invoice (hereinafter referred to as “Customer”) must familiarize themselves with all applicable export regulations, and Customers must certify that they understand and shall comply with such regulations, including but not limited to those discussed in this document.

1. Some or all of the items purchased by Customer from Fusion Thermal, LLC (“Products”) may be regulated by the International Traffic in Arms Regulations (ITAR) or Export Administration Regulations (EAR), and export is strictly prohibited without appropriate authorization and/or a license issued by DDTC or BIS. By purchasing any such regulated Products, the Customer identified below certifies that:

1. No purchase will require Fusion Thermal, LLC to export such products;
2. Customer does not intend to export such products after receipt from Fusion Thermal, LLC without the appropriate U.S. Government export authorization;
3. Customer does not intend to export, transfer, sell, or furnish Fusion Thermal, LLC products or any related technology to any foreign person, whether abroad or in the United States, including any Foreign Embassy in the United States without the appropriate U.S. Government export authorization;
4. Customer understands that, for the purposes of this document, a foreign person, as defined in ITAR 120.16, is “any natural person who is not a protected individual as defined by 8 U.S.C. 1324b(a)(3). It also means any foreign corporation, business association, partnership, trust, society or any other entity or group that is not incorporated or organized to do business in the United States, as well as international organizations, foreign governments and any agency or subdivision of foreign governments (e.g. diplomatic missions).”

2. Customer conducting this purchase transaction as identified on order hereby certifies that they are a U.S. Person as defined by ITAR § 120.15, meaning Customer is “a lawful permanent resident of the United States, as defined by 8 U.S.C. §1101(a)(20), or is a protected individual as defined by 8 U.S.C. § 1324b(a)(3), or is a corporation, business association, partnership, society, trust, or any other entity, organization or group that is incorporated to do business in the United States, or is a governmental (federal, state, or local) entity.”

U.S. law prohibits the sale, transfer, or export of items or technology to certain restricted parties and destinations, as identified on lists maintained by the U.S. State Department, the U.S. Commerce Department, and the U.S. Treasury Department. Fusion Thermal, LLC Customers must review these lists before engaging in any such activity and agrees not to export any Fusion Thermal, LLC Products or Technology. U.S. law also prohibits the sale, transfer, or export of items or technology for certain end uses, such as those related to weapons of mass destruction and international terrorism. Customer certifies that they will not knowingly engage in any unauthorized transaction involving the export of Fusion Thermal LLC Products or Technology to any restricted parties or destination, or for any prohibited end uses

1. If Customer decides to export or re-export any regulated Products or related technology after receipt from Fusion Thermal, LLC, Customer acknowledges that it bears sole responsibility to request and obtain all necessary licenses for the use and/or export of such Products and to ensure that the requirements of all applicable laws, regulations, and administrative policies are met.

2. It is Customer’s responsibility to inform all its customers and prospective purchasers of Fusion Thermal, LLC products of the export issues related to purchases discussed in this document and to ensure that the same are authorized to purchase as outlined in paragraphs 1, 2 & 3 above. Fusion Thermal, LLC recommends that Customers develop a form similar to this Statement of Understanding for use with all exports.

3. Customer understands that any violation of U.S. Government export controls may result in severe criminal and civil penalties, including fines and imprisonment.

Export control laws and regulations are complex. If you should have any questions or require additional information regarding export regulations please contact the following agencies: