Terms and Conditions of Sale

Last Revised: 3/17/2024
Effective Date: 3/17/2024

These Terms and Conditions of Sale ("Agreement") govern the sale of products and services by On Point Aerospace ("Company", "we", "us", "our") to the purchaser ("Customer", "you", "your"). By placing an order with the Company, the Customer agrees to be bound by these Terms and Conditions. Please read them carefully.

By placing an order with On Point Aerospace, you agree to these Terms and Conditions. These Terms supersede any previous agreements or understandings between you and the Company. No change, modification, or addition to these Terms will be valid unless approved by the Company in writing.

All orders are subject to acceptance by On Point Aerospace. Prices for products and services are those in effect at the time of order unless otherwise agreed in writing. The Company reserves the right to modify prices, product offerings, and availability at any time without prior notice.

All orders placed with On Point Aerospace are non-cancellable and non-returnable, except at the sole discretion of the Company. Once an order is confirmed, the Customer is legally obligated to fulfill the terms of the order, and the Company is under no obligation to accept any cancellations or returns. Any requests for cancellations or returns will be evaluated on a case-by-case basis and may incur restocking or processing fees.

Orders are confirmed only upon receipt of payment or other payment arrangements acceptable to the Company. If an order is canceled, modified, or refused, the Company reserves the right to charge a restocking fee, which is typically a percentage of the total order price.

Unless otherwise agreed in writing, all payments must be made prior to shipment of any goods or provision of services. Payment terms, including any credit terms, must be explicitly agreed upon in writing. In the event that payment is not received when due, On Point Aerospace reserves the right to suspend delivery or services until payment is made.

The Company will make reasonable efforts to ship products as per the delivery schedule agreed upon at the time of order confirmation. However, On Point Aerospace is not liable for delays in delivery due to any cause outside its reasonable control, including, but not limited to, acts of God, government actions, natural disasters, strikes, or transportation delays. Title to and risk of loss for products pass to the Customer upon shipment from the Company's facilities, even if the Company has arranged for shipping. The Customer is responsible for insuring goods during transit.

On Point Aerospace provides limited warranties on the products and services it sells. These warranties are subject to the terms provided with each individual product or service. The Company’s warranty obligations are limited to repairing or replacing defective products, as determined by the Company in its sole discretion. All claims for defects must be submitted within the time frame specified in the product warranty documentation.

Customer agrees to indemnify, defend, and hold harmless On Point Aerospace, its affiliates, officers, directors, employees, agents, and contractors from any and all claims, losses, damages, or liabilities, including legal fees, arising from the Customer’s use, resale, or modification of products or services provided by the Company.

In no event shall On Point Aerospace be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, or business interruption, regardless of the form of action, whether in contract, tort (including negligence), or otherwise, arising out of or in connection with the purchase, use, or inability to use the products or services provided under this Agreement.

On Point Aerospace shall not be liable for any failure or delay in performance under this Agreement due to circumstances beyond its reasonable control, including, but not limited to, acts of God, acts of government, wars, strikes, natural disasters, or failures of suppliers or carriers.

The Customer agrees to maintain the confidentiality of any proprietary or confidential information provided by On Point Aerospace, including but not limited to product specifications, prices, designs, and business practices. This obligation shall remain in effect even after the termination or expiration of this Agreement.

All intellectual property, including patents, trademarks, copyrights, and trade secrets, associated with the products and services provided by On Point Aerospace, remain the exclusive property of the Company. Nothing in this Agreement shall be construed as granting any rights, licenses, or ownership to the Customer in any intellectual property of the Company.

Customer agrees to comply with all applicable local, state, and federal laws, regulations, and ordinances. This includes, but is not limited to, compliance with export laws and regulations enforced by the United States government.

This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota, United States of America, without regard to its conflict of law principles. Any legal action or proceeding arising under or in connection with this Agreement shall be brought exclusively in the state or federal courts located in Minnesota.

In the event of any dispute arising out of or in connection with this Agreement, the parties agree to attempt to resolve the dispute through informal negotiation. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may initiate binding arbitration in Minnesota, under the rules of the American Arbitration Association ("AAA").

If any provision of this Agreement is determined to be invalid or unenforceable under applicable law, the remainder of the Agreement will remain in full force and effect.

This Agreement, along with any additional written agreements or documents executed by the Customer and the Company, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written, between the parties regarding the same subject matter.

On Point Aerospace reserves the right to modify or amend these Terms and Conditions at any time without prior notice. Any changes will be effective immediately upon posting to the Company's website or distribution of the updated Terms. It is the Customer's responsibility to review these Terms regularly.

The Customer agrees to comply with all applicable U.S. export control laws, including, but not limited to, the U.S. Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR). The Customer shall not export, re-export, transfer, or divert any products or services purchased from On Point Aerospace to any country or individual that is subject to U.S. export restrictions or embargoes, or to any other restricted entities or individuals identified by the U.S. government.

It is the Customer’s sole responsibility to ensure that any products purchased from On Point Aerospace are not being exported or re-exported to any restricted or prohibited countries, entities, or individuals under U.S. law. The Customer is also responsible for obtaining any required export licenses or authorizations from the U.S. government before exporting any products.

The Customer shall indemnify and hold harmless On Point Aerospace from any claims, liabilities, or damages arising from the Customer’s failure to comply with applicable export control laws and regulations.

For any questions, concerns, or inquiries about these Terms and Conditions, please contact us at:

On Point Aerospace
Sales@OnPointAerospace.com
763-335-6540 

By placing an order with On Point Aerospace, you acknowledge and agree to the above Terms and Conditions.