Terms and Conditions Regarding Surgical Instrumentation included in Product Pricing for Treace Medical Concepts, Inc.

The following terms and conditions apply to the surgical instrumentation of Treace Medical Concepts, Inc. (“TMC”), and by ordering products from TMC, Customer expressly acknowledges and agrees to these terms and conditions (unless Customer and TMC have agreed to other terms and conditions regarding TMC’s instrumentation in writing).

Uses and Restrictions of TMC Instrumentation

The surgical instruments that TMC makes available to Customer may be used only in surgical cases where TMC’s patented Lapiplasty®, Adductoplasty®, Nanoplasty®, or other authorized procedures are performed and TMC’s implants, disposable devices and sterile kits are used. Customer agrees not to use TMC’s instruments for bunion, midfoot or other surgeries of any kind using other companies’ implants or other medical devices. The TMC instruments are intended to be used only by trained surgeons with TMC products.

Except for single use instruments and other instrumentation for which TMC has provided written pricing or an invoice, TMC’s surgical instruments are not available for purchase by Customer, and TMC will own and retain title to such instruments unless they are separately purchased by Customer, as reflected on the invoice. Customer’s use and maintenance of TMC’s instruments is at Customer’s sole risk, and Customer will be liable for any loss or damage to such surgical instruments. Customer will keep TMC’s instruments free and clear from any lien, security interest or encumbrance.

Usage Fees and Charges for Instrumentation

Unless TMC charges a fee for the purchase or use of MTP Reamers and certain other instruments as set forth in a pricing agreement or an invoice, the use of MTP Reamers and other instruments in Table 1 is bundled into and included in TMC’s product pricing. Customer should refer to Customer’s pricing agreement or invoice for the charge (if any) for use or purchase of MTP Reamers or other instruments.

Instruments Made Available in Surgical Trays for Proprietary TMC Surgical Systems

The surgical trays identified in invoices issued by Treace Medical Concepts, Inc. (“TMC”) include the following surgical instruments. TMC’s instruments are intended to be used for general surgical applications. Selection of applicable instrument trays is at the surgeon’s discretion and based on  the type of procedure being performed.

Table 1