Hardware Auction

CUSTOMER RECORD FORM

All fields and questions must be completed before an invoice can be created. If information cannot be provided, please write an explanation of why. If a section or question does not apply, enter ‘N/A’ but do not leave blank.

If any of the companies listed below are located outside of the United States, please provide a copy of the applicable Principals passport so that the “Know Your Customer” checks can be performed without delay. If a flag is reported on a company principal and a photo of their passport has not already been supplied, one must be provided before invoicing can occur.

If you plan to send funds from a 3rd party account different from the entity below, you must complete a separate Customer Record for the company sending payment.

SOLD TO (Legal entity)

Company Name (Legal Entity)

Street Address

City/State/Province

Country

Business Owner Name

Contact Name

Contact Email

Contact Phone #

SHIP TO (if not 'SOLD TO')

Company Name (Legal Entity)

Street Address

City, State [Province], Zip Code

Country

Contact Name

Contact Email

Contact Phone #

bill to (if not 'sold to')

Company Name (Legal Entity)

Street Address

City/State/Province

Country

Contact Name

Contact Email

Contact Phone #

* If Apto Solutions is shipping assets to a facility in Georgia, California, or Texas, the PURCHASER’S BLANKET RESALE EXEMPTION CERTIFICATE on page 4 must be completed and a copy of your resale certificate provided with the submission of this form.

DOING BUSINESS AS, OR ALSO KNOWN AS NAME, IF USING A TRADE STYLE

Company Name

Street Address

City/State/Province

Country

business details

If Other, please specify.

Briefly describe the nature of your business.

D&B/Trade Registry or Other Reference Number

Year Established

Place Established

accounts payable point of contact

Name

Street Address

City/State/Province

Phone Number

The below is considered a signature and indicative of agreement with the certification and letter of assurance.

We understand that Apto Solutions, Inc. and/or any of its affiliated or subsidiary companies (“Apto Solutions”) may provide us with hardware, software, and/or technology (“Product(s)”), that may be subject to the export and import laws and regulations of the United States and other nations. We also understand that, under these export and import control laws and regulations, Apto Solutions’s delivery of Product(s) to us may take place only after Apto Solutions has received written assurance from us. Accordingly, we hereby agree:

• Prohibited Country Transfers: that we will not transfer, export, or re-export, directly or indirectly, any Product(s) acquired from Apto Solutions to Afghanistan, Burma, Central African Republic, Cuba, (Democratic Republic of) Congo, Iran, Libya, North Korea, Russia, Somalia, Sudan, Syria, Venezuela, Yemen, or any nationals thereof, or to any other country subject to restriction under applicable laws and regulations, and that we are not located in, under the control of, or a national or resident of any such country;
• Weapons of Mass Destruction: that we will not use the Product(s) in any activity related to the development, production, use, or maintenance of Weapons of Mass Destruction, as defined by the U.S. Department of Commerce, including without limitation, uses related to nuclear, missile, and/or chemical/biological development and/or production, and that we will not transfer, import, export, or re-export, directly or indirectly, to any party engaged in any such activity; if we are engaged in the development or production of Weapons of Mass Destruction, we acknowledge that we could be subject to and responsible for U.S. export licensing requirements;
• Denied and Restricted Parties: that we will not transfer, import, export, or re-export, directly or indirectly, to any party listed by the U.S. Government or under any applicable law as prohibited from receiving Product(s), including without limitation parties appearing on the U.S. Department of Commerce Bureau of Industry and Security (“BIS”) Entity List, Denied Persons List, or Unverified List; the U.S. Department of Treasury Office of Foreign Assets Control (“OFAC”) Specially Designated Nationals (“SDN”) List; or the U.S. Department of State Debarred List; and that we are not on, or under the control of any entity appearing on, any such list;
• Advanced Computing Hardware and Artificial Intelligence Accelerators: that we expressly acknowledge that certain Product(s) offered by Apto Solutions, including but not limited to graphics processing units (“GPUs”), artificial intelligence (“AI”) accelerators, high-performance computing components, and associated hardware and software, may be subject to enhanced export controls under the U.S. Export Administration Regulations (“EAR”), including controls administered by the Bureau of Industry and Security (“BIS”) pursuant to the Export Control Classification Numbers (“ECCNs”) applicable to advanced integrated circuits and computing hardware; that we will not transfer, export, or re-export, directly or indirectly, any such Product(s) to the People’s Republic of China (“China”), Macau, or any other destination designated by BIS as a Country Group D:5 destination, or to any entity headquartered in, operating from, or under the effective control of entities in such countries, without first obtaining all required U.S. Government export licenses or other authorizations; that we will not circumvent these controls through third-party intermediaries, transshipment, or any other means; and that we will notify Apto Solutions immediately upon becoming aware of any transaction that may implicate these restrictions;
• General Legal Compliance: that we will comply with all applicable U.S. and international laws and regulations governing the purchase, use, transfer, import, export, and re-export of Product(s) obtained from Apto Solutions, including without limitation the U.S. Export Administration Regulations (“EAR”), the International Traffic in Arms Regulations (“ITAR”), OFAC sanctions regulations, all environmental laws, directives and regulations including the Basel Convention and its Amendments and any interpretations thereof, and all applicable laws of the country or countries in which we operate or take delivery of Product(s);
• End-Use and End-User Certification: that the Product(s) acquired from Apto Solutions will be used solely for lawful civilian and/or commercial purposes consistent with applicable export control laws and regulations; that we will not resell, transfer, or otherwise dispose of Product(s) to any third party without first conducting reasonable due diligence to ensure that such third party’s intended use and geographic location are consistent with applicable export control requirements; and that we will maintain adequate records of all transactions involving Product(s) for a minimum of five (5) years from the date of each transaction, or such longer period as may be required by applicable law;
• Regulatory Certifications: that we will not request or make any regulatory certifications or applications on behalf of Apto Solutions; and if changes to this Letter of Assurance are necessary, we will contact Apto Solutions for approval at ar@aptosolutions.com.

By purchasing equipment from Apto Solutions, you hereby automatically accept the terms and condition of this Letter of Assurance, the undersigned represents and warrants that they have the authority to bind the organization named below to the commitments set forth herein, and that the information provided is accurate and complete. The undersigned acknowledges that violations of applicable export control laws and regulations may result in severe civil and criminal penalties under U.S. and applicable international law. You certify that you will not request or make any regulatory certifications or applications on behalf of Apto Solutions and; if changes to this Letter of Assurance are necessary, we will contact Apto Solutions for approval at ar@aptosolutions.com.

Name of Authorized Representative

Title

Date