Customer Terms and Conditions

ON POINT AEROSPACE INC. – Customer Terms and Conditions

Revision A.97 – Last Revised 11/3/2025

 1. Introduction

By accessing or utilizing any website, mobile application, digital platform, or conducting business with On Point Aerospace Inc. (“On Point Aerospace”), you confirm that you have reviewed, comprehended, and consent to these Customer Terms and Conditions (“Terms”). These Terms apply to all sales, quotations, purchase orders, and related transactions facilitated by On Point Aerospace.

On Point Aerospace maintains the authority to modify or update these Terms at its discretion and without advance notice. Any changes shall take effect immediately upon posting or notification to the Customer.

All product and service sales by On Point Aerospace are strictly subject to acceptance of these Terms. Amendments or additions to these Terms – including those contained within a Customer’s purchase order, correspondence, or other documentation – will only be recognized if explicitly approved in writing and signed by an authorized representative of On Point Aerospace.

2. Definitions

To ensure clarity and uniform interpretation of these Terms and Conditions, the following definitions shall apply:

“On Point Aerospace Inc.” or “the Company” – Refers to On Point Aerospace Inc., inclusive of all associated business units, affiliates, divisions, subsidiaries, and any related trade names or online platforms under its operational control.

“Customer” – Any person, entity, or organization that purchases, receives, or enters into an agreement to receive products, components, or services from On Point Aerospace Inc.

“Order” – Any binding transaction or agreement established between the Customer and the Company, encompassing but not limited to accepted quotations, purchase orders, order confirmations, or any other authorization for the sale or supply of an Article.

“Article” – Any product, part, material, component, or equipment—whether new, overhauled, or otherwise designated—sold, supplied, or made available by On Point Aerospace Inc.

“Stock” – Articles that are currently available for immediate shipment either from the Company’s inventory or through an approved vendor, without requiring additional manufacturing or procurement lead time.

“Substitute Article” – A functionally equivalent or compatible part identified within technical documentation such as an Illustrated Parts Catalogue, Parts List, or similar resource, provided as an alternative to the originally specified Article in an Order.

“Value-Added Services” or “Value-Added Work” – Any alterations, testing, modification, adjustment, or enhancement performed by the Company at the written direction or specification of the Customer.

“End-User Certificate” – A compliance document requested by the Company from the Customer to confirm the final destination, intended use, and end user of Articles, in accordance with applicable export control laws and regulatory requirements.

“Terms and Conditions” or “Agreement” – This document, together with any current or future amendments, governing all sales, quotations, and transactions conducted by On Point Aerospace Inc.

“Value-Added” – Any modifications, testing, adjustments, or related services rendered by the Company at the Customer’s request in accordance with the Customer’s instructions.

3. Orders

All orders are considered accepted and processed in the United States, primarily through On Point Aerospace Inc.’s facilities or designated fulfillment centers. Orders depend on product availability and compliance regulations at the time of acceptance. To fulfil delivery commitments, the Company may source articles from either domestic or international suppliers as needed.

Unless otherwise specified in writing and approved by an authorized representative of On Point Aerospace, all confirmed orders are final, non-cancelable, and non-returnable. Articles cannot be returned without a written Return Material Authorization (RMA) issued by the Company. Any changes, cancellations, or rescheduling of orders require prior written approval from On Point Aerospace.

Each order will be handled in accordance with the Company’s internal quality assurance procedures and all relevant legal and regulatory requirements. On Point Aerospace holds the right to reject or cancel any order if the articles do not meet its quality standards, certification requirements, or legal compliance systems. In such instances, customers will receive a full refund for any affected articles but will not be eligible for additional damages or compensation.

A Customer purchase order shall not be considered accepted unless the formal purchase order is signed by the Company President and or payment has been confirmed received by the Company.  Until the order is accepted or fully paid for, the parts will remain for sale to anyone at any time.  The Company reserves the right to cancel a purchase order at any time for any reason.

4. Canceled Orders

If a Customer wishes to cancel an accepted Order, a cancellation fee will be charged to cover On Point Aerospace’s administrative costs, handling expenses, and anticipated profit loss. On Point Aerospace may choose to reduce or waive the fee in special situations.

Unless stated otherwise in writing, there is a minimum cancellation fee of 25% of the total Order value. This percentage may increase depending on expenses already incurred or obligations made by the Company—such as agreements with suppliers or special purchases—before the cancellation request.

Should a Customer attempt to bypass On Point Aerospace and deal directly with the Company’s suppliers or sourcing partners for the same transaction, they will be responsible for a cancellation fee equal to 100% of the total Order value.

When a deposit has been paid before shipment, the Company may subtract the applicable cancellation fee from the deposit and refund the remaining balance.

If On Point Aerospace cancels an Order due to Quality Assurance or compliance reasons, the Customer will receive a full refund but will not be eligible for any additional compensation, such as consequential or indirect damages. All other Terms remain fully enforceable after a cancellation.

5. Prices

All price quotations issued by On Point Aerospace Inc. (“the Company”) are valid for seventy-two (72) hours from the date of issuance unless otherwise stated in writing. After this period, quotations may be subject to review and adjustment based on current market conditions, supplier pricing, or other cost fluctuations beyond the Company’s control.

Should any change occur that materially increases the Company’s cost of fulfilling an Order—including supplier price changes, tariffs, currency adjustments, or logistics-related costs—On Point Aerospace reserves the right to revise quoted prices or cancel the affected Order. The Customer will be notified of any such price adjustment and will have seventy-two (72) hours to accept or reject the revised pricing. Failure to respond within this time frame will constitute a cancellation of the Order, in which case the Customer will be entitled to a refund of any advance payment made, provided the necessary banking information has been supplied.

All quoted prices apply only to the Articles described in the quotation and do not include taxes, import or export fees, duties, shipping, insurance, or any government-imposed charges. These additional costs shall be borne solely by the Customer.

Price quotations are issued specifically to the named recipient and may not be transferred or assigned to any third party without written approval from On Point Aerospace. Purchase orders placed by a party other than the original recipient of the quotation shall not be considered binding and may be subject to requote.

In the event of changes in tariffs, trade restrictions, or other governmental actions that directly affect product sourcing or cost structure, On Point Aerospace reserves the right to implement immediate price adjustments on affected Articles to reflect such regulatory or market impacts.

6. Price Certification

On Point Aerospace sets prices independently, considering factors such as material costs, availability, lead time, delivery, quality needs, overhead, administrative expense, and reasonable profit. Unless required by law or regulation, the company does not provide certified cost or pricing data under FAR or similar rules; any such need must be formally requested, justified by statute, and accepted in writing before Order acceptance. All quoted prices aim to fairly reflect market conditions and specific transaction requirements.

7. Lead Times

The estimated delivery or production lead times given by On Point Aerospace Inc. (“the Company”) reflect the best available information from the Company’s suppliers and vendors at the time of quoting. These are provided as guidance only and do not guarantee specific delivery dates.

Although On Point Aerospace makes every effort to meet quoted delivery timelines, the actual lead times can change unexpectedly due to supplier issues, export compliance requirements, logistical challenges, or unforeseen market events. If delays occur for these reasons, they are not considered a contract breach, and the Company will not be liable for any loss or damages caused by such delays, as outlined in the Limitation of Liability section of these Terms.

When an article is quoted as having “immediate availability,” or “stock availability” it means the item is ready to go through On Point Aerospace’s internal quality assurance and export compliance checks. “Immediate” items are typically shipped within one (1) to five (5) business days, depending on inspection, certification, and logistics processing.

Customers should remain flexible regarding delivery expectations, especially for specialized, restricted, or international orders, since schedules may depend on government reviews or third-party factors.

8. Terms of Payment

Unless otherwise specified in writing, full payment of the invoiced amount is due within thirty (30) calendar days from the date of invoice. Payments must be made in U.S. dollars and without offset, deduction, or withholding of any kind.

On Point Aerospace reserves the right to apply interest charges of one percent (1%) per month on any past-due balances, accruing from the payment due date until the date of full settlement. The Customer shall also be responsible for all reasonable costs associated with collection, including attorney’s fees and related expenses.

The Company retains the right, at its discretion, to alter the Customer’s credit terms, require advance payment, or suspend further deliveries in cases of late payment or adverse credit conditions. Payments received may be applied at the Company’s discretion to the oldest outstanding invoices or accounts first.

For certain Orders, On Point Aerospace may require full or partial prepayment prior to shipment. If the Company is unable to fulfill an Order for which prepayment was received, the Customer will be entitled to a full refund of all prepaid funds, with no further liability accruing to the Company.

9. Delivery and Title

All shipments by On Point Aerospace Inc. (“the Company”) are made F.O.B. shipping point (or Ex Works, as applicable), unless otherwise agreed to in writing. Risk of loss or damage transfers to the Customer immediately upon the Article’s release to the carrier, regardless of whether freight or insurance is arranged by On Point Aerospace.

Delivery dates, shipping schedules, and methods are established based on the Company’s best available information at the time of Order confirmation. These dates represent good-faith estimates and not binding delivery guarantees. On Point Aerospace shall not be liable for delays or delivery failures caused by force majeure events, transportation issues, customs clearance delays, export license approvals, labor disruptions, or any circumstances beyond its direct control.

The Company reserves the right to make partial or split deliveries unless specifically prohibited in the Customer’s purchase order. Each shipment shall be considered a separate sale and invoiced accordingly.

Unless the Customer provides specific written instructions, On Point Aerospace will select the method of shipment, routing, and carrier at its discretion. Any additional costs incurred due to Customer-specific routing or carrier requests shall be borne solely by the Customer.

Title to all Articles shall transfer to the Customer upon the earlier of (a) full payment of the purchase price, or (b) physical delivery to the carrier for shipment, whichever occurs later.

10. Inspection, Acceptance, and Return of Articles

The Customer is responsible for inspecting all Articles upon receipt and must notify On Point Aerospace in writing within ten (10) calendar days of delivery of any discrepancy, damage, or nonconformity. Failure to provide such notice within the specified period will constitute final acceptance of the Articles as received and a waiver of any related claims.

Articles returned to the Company for any reason require prior written authorization in the form of a Return Material Authorization (RMA). Articles returned without an RMA number will not be accepted and may be returned to the Customer at their expense.

Returned items must be shipped in their original packaging and condition, with all certifications, documentation, and traceability markings intact. Articles altered, installed, or otherwise used after delivery will not be eligible for return unless expressly agreed upon in writing by On Point Aerospace.

The issuance of an RMA does not constitute acceptance of the Customer’s claim. The Company reserves the right to inspect all returned Articles and determine whether the return is covered under warranty, service agreement, or contractual obligation.

Should the returned Article be verified as nonconforming and attributable to On Point Aerospace, the Company will, at its discretion, repair, replace, or credit the purchase price of the Article. In all other cases, the Customer shall be responsible for all return shipping and associated handling charges.

11. Substitution, Condition, and PMA Alternatives

11.1 Article Substitution

On Point Aerospace Inc. (“the Company”) will make every reasonable effort to supply articles as specified in the original Order. However, should the requested part be unavailable, the Company reserves the right to recommend or provide a substitute article of equivalent form, fit, or function.

The Customer is responsible for assessing and determining the suitability of any substitute article for its intended application. Upon receiving notification of substitution, the Customer may either:

(a) provide written acceptance of the substitute article, or

(b) cancel only the affected portion of the order.

For orders canceled solely due to substitution, refunds will be limited to the substituted items. Accepted substitute articles will be shipped following receipt of written confirmation of acceptance.

On Point Aerospace Inc. makes no warranty, express or implied, regarding the interchangeability, fitness for a particular purpose, or performance of any substitute article.

11.2 Change in Article Condition

Should the initially quoted condition of an Article (e.g., New Surplus, Overhauled, Serviceable) become unavailable, On Point Aerospace may propose an alternative condition accompanied by a revised quotation. The Customer is entitled to:

(a) formally accept the updated Article and pricing in writing; or

(b) cancel only the portion of the Order affected.

Cancellations pursuant to this clause entitle the Customer to a refund limited to those specific Articles impacted. Upon written acceptance of the revised quotation, accepted items will be shipped accordingly. Any pricing variance between the original and revised quotations may, at the Company’s discretion, be refunded or credited to the Customer’s account.

11.3 Alternatives

If the original Article becomes unavailable, On Point Aerospace may present a Parts Manufacturer Approval (PMA) equivalent for consideration and quotation. The Customer may either:

(a) provide written acceptance of the proposed PMA alternative and associated pricing; or

(b) cancel the relevant section of the Order.

Order cancellations under this provision are eligible for refunds solely relating to the pertinent PMA-substituted Articles. Price differences may be refunded or applied as a credit at the Company’s discretion. Shipments of accepted PMA alternatives will occur upon receipt of written acceptance of the revised quotation.

11.4 Disclaimer of Responsibility

On Point Aerospace Inc. expressly disclaims all express and implied warranties, including but not limited to merchantability, fitness for a particular purpose, interchangeability, and compatibility of part numbers or conditions. It is exclusively the responsibility of the installer and end user to ensure that any Article, Substitute Article, condition variation, or PMA alternative is:

  • Suitable for its intended application; and
  • Installed and operated in full compliance with all applicable civil aviation, maintenance, and safety regulations.

12. Warranties and Limitations

12.1 Warranty Coverage
On Point Aerospace Inc. warrants that Articles sold under these Terms conform to the manufacturer’s published specifications and applicable documentation at the time of shipment. No other express or implied warranties, including merchantability or fitness for a particular purpose, apply unless expressly stated in a written agreement signed by an authorized officer.

For Articles manufactured or repaired by third parties, warranty coverage is limited to that provided by the original manufacturer or repair facility. On Point Aerospace’s role is limited to facilitating claims under such warranties and does not create any independent obligation.

12.2 Warranty Exclusions
This warranty does not apply to any Article that has been:
• Altered, repaired, or modified by anyone other than On Point Aerospace or its approved vendor;
• Misused, improperly installed, neglected, or subjected to abnormal environmental or operating conditions; or
• Damaged in transit or storage due to improper handling by the Customer or its agents.

12.3 Limitation of Remedy
The Customer’s sole remedy for breach of warranty is, at On Point Aerospace’s discretion, repair, replacement, or credit for the defective Article. On Point Aerospace shall not be liable for any incidental, indirect, special, or consequential damages—including loss of profit, data, or business opportunity—arising from the sale, handling, or use of any Article.

12.4 Limitation of Liability
On Point Aerospace’s total liability for any claim, whether in contract, tort, or otherwise, shall not exceed the purchase price paid for the specific Article giving rise to the claim, even if any limited remedy fails of its essential purpose.

On Point Aerospace assumes no liability for the use or performance of Articles, including use consistent with the manufacturer’s specifications, and is not responsible for any defect or malfunction causing personal injury, death, or property damage.

All use or resale of Articles is at the Customer’s sole risk. The Customer shall indemnify, defend, and hold harmless On Point Aerospace from all claims, liabilities, and costs arising from such use or resale, including any defects in design, manufacture, or failure to warn attributable to the original manufacturer or its suppliers.

13. Indemnification

The Customer agrees to indemnify, defend, and hold harmless On Point Aerospace Inc., its affiliates, officers, directors, employees, and authorized representatives from and against any and all claims, damages, liabilities, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:

  • The Customer’s improper use, handling, modification, installation, or resale of any Article;
  • The Customer’s violation of any applicable law, regulation, or export control requirement;
  • Claims of personal injury, property damage, or other losses caused in whole or in part by the Customer’s negligence or misconduct;
  • Any third-party claim resulting from the Customer’s representations, warranties, or actions beyond the scope of On Point Aerospace’s express obligations.

The Company reserves the right to assume exclusive defense and control of any matter subject to indemnification, at its own discretion, without relieving the Customer of its indemnification obligations under this clause.

14. Force Majeure

On Point Aerospace Inc. shall not be liable for any failure or delay in performance of its obligations under these Terms when such failure or delay results, directly or indirectly, from causes beyond its reasonable control. Such causes include, but are not limited to: acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, governmental actions, embargoes, export license delays, supply chain disruptions, transportation interruptions, pandemics, or any other events that materially impede performance.

If a force majeure event occurs, the affected obligations shall be suspended for the duration of the delay, and the delivery schedule shall be extended accordingly. On Point Aerospace will notify the Customer as soon as reasonably practicable of the occurrence and expected duration of such an event.

Should the event extend beyond ninety (90) consecutive days, either party may elect to cancel the affected portion of the Order without penalty, provided that any completed or in-process work shall be paid for by the Customer at the agreed-upon rate.

Under no circumstances shall On Point Aerospace be liable for any indirect, incidental, or consequential damages resulting from a force majeure event.

15. Governing Law and Dispute Resolution

These Terms and any disputes arising under or related to them 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.

Both parties irrevocably agree that the state and federal courts located in Wright County, Minnesota shall have exclusive jurisdiction over any legal action or proceeding arising from or related to these Terms. The Customer expressly waives any objection to venue or claims of forum non conveniens with respect to such proceedings.

Before initiating formal legal action, the parties shall make good-faith efforts to resolve any dispute through direct negotiation. If resolution cannot be reached within thirty (30) days, either party may seek legal or equitable relief consistent with the jurisdiction clause above.

In the event of litigation, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs incurred in connection with the enforcement of its rights under these Terms.

16. Final Provisions

16.1 Severability
If any provision of these Terms and Conditions is determined by a court or competent authority to be invalid, illegal, or unenforceable, such provision shall be enforced to the maximum extent permissible under applicable law, and the remaining provisions shall continue in full force and effect. The parties agree to replace any invalid or unenforceable term with a valid provision that most closely reflects the original intent.

16.2 Assignment
The Customer may not assign, transfer, or delegate any rights or obligations under these Terms without the prior written consent of On Point Aerospace Inc. Any attempted assignment in violation of this clause shall be null and void. On Point Aerospace may assign or delegate its rights and obligations under these Terms to any affiliated entity or successor in interest without requiring Customer consent.

16.3 Entire Agreement
These Terms and Conditions, together with any quotations, order confirmations, or written supplements issued by On Point Aerospace, constitute the entire agreement between the parties with respect to the subject matter hereof. All prior or contemporaneous communications, proposals, negotiations, and representations—whether oral or written—are hereby superseded and of no further effect.

16.4 Amendments and Modifications
No modification, amendment, or waiver of any provision of these Terms shall be valid unless made in writing and executed by an authorized representative of On Point Aerospace Inc. The Company reserves the right to update or revise these Terms at any time, and such revisions shall apply to all subsequent quotations and Orders issued after the effective date of the update.

16.5 Notices
All notices or communications required under these Terms shall be made in writing and delivered by hand, courier, or certified mail to the parties’ respective business addresses, or to such other address as either party may designate in writing. Notices sent electronically (including by email) shall be deemed valid if confirmed as received by the recipient.

16.6 Waiver
The failure of On Point Aerospace to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision, nor of any subsequent breach or default. Any waiver must be expressly stated in writing to be enforceable.

16.7 Survival
Provisions of these Terms which by their nature should survive expiration or termination—including, but not limited to, those relating to payment, warranties, indemnification, limitations of liability, and governing law—shall remain in full force and effect.

16.8 Headings
Section headings and numbering in these Terms are provided solely for convenience and shall not affect the interpretation or construction of the underlying provisions.