BlueTiger Terms of Sale (February 1, 2010)   Agreement. The agreement is not formed until Customer has signed this Quote and paid BlueTiger a deposit of one-half of the amount of the Quote (“Deposit”). Customer agrees to purchase the items listed in the Quote (“Components”) upon these terms. The prices in the Quote are only valid for 30 days from the date of the Quote. This agreement supercedes all prior or other agreements concerning the Components and customer acknowledges that there are no promises or representations except for those contained in this agreement. Price. The prices of each Component and the charges for shipping, handling, insurance, and crating are the amounts shown in the Quote. Customer is responsible for any sales, use, duty, vat, or excise tax that is applicable to the sale. Payment. Payments may be made by check, money order, wire transfer, or credit card. The Deposit is paid when the Customer signs the Quote. The other one-half of the Quote amount must be paid before shipping and no later than 30 days after BlueTiger has informed Customer that the order is ready to be shipped. Cancellation. Customer may cancel orders of standard Components prior to final payment and shipment. Customer does not have a right to cancel orders of special Components. Upon cancellation, BlueTiger will refund to Customer the Deposit less a cancellation charge of 5% of the Quote amount and any portion of the Deposit that was for special orders. Return Policy. Customer may return the Components and receive the refund explained in the section “Refund” only as provided in this section. If Customer is dissatisfied with the motion simulator, Customer may return all of the Components purchased within 30 days of delivery in accordance with the following: (1) BlueTiger must issue a return materials authorization (“RMA”); (2) the RMA number must be clearly visible on all boxes returned; and (3) the Components must be returned in a new and undamaged condition in the original shipping container with packing materials and Customer must pay the shipping cost. Return shipment deliveries without an authorized RMA number will not be accepted. RMA numbers will expire 30 days from the date issued. Refund. BlueTiger will inspect and test the Components returned. BlueTiger will promptly refund to Customer the Quote amount paid for standard Components less a restocking charge of 15% of the cost of standard Components. No credit is allowed for the shipping, handling, and insurance charge, and the cost of special Components. If Components are worn or damaged, BlueTiger may accept the return but will deduct from the refund the cost of refurbishing or repairing the Components at BlueTiger’s normal shop rate for parts and labor. Warranty. BlueTiger warrants to Customer for a period of one year from the date of delivery, that the Components purchased from BlueTiger are free from defects in materials and workmanship when installed, operated, and maintained in accordance with the instructions accompanying the Components. This warranty does not apply if the Components have been subject to misuse, disassembly, alteration, neglect, or accident. BLUETIGER MAKES NO WARRANTIES OF MERCHANTABILITY, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE GOODS ARE FIT FOR ANY PARTICULAR PURPOSE. This warranty shall be the exclusive warranty made by BlueTiger and is in lieu of all other warranties. In the event of defects in material or workmanship, BlueTiger, at its sole option, will repair or replace the defective Component covered by this warranty, provided the defective Component is returned to BlueTiger at Customer’s expense in accordance with the return authorization procedures specified by BlueTiger. Customer and not BlueTiger shall be liable for and pay for all field charges for labor or other expenses incurred in the removal, repair, replacement, or shipment of the Components claimed to be defective or any expenses incurred by Customer in order to remedy any defect in the Components. The warranty period for Components repaired or replaced is limited in duration to the unexpired term of the original warranty period. BlueTiger reserves the right to examine the alleged defect in the Component to determine warranty coverage. If the repair is not covered by the warranty, then the regular service charges of BlueTiger will apply to repairs of the Component and customer must pay the cost of shipping to return the Component to Customer. Shipping Cost and Damage. Customer will be charged a shipping, handling, and insurance fee, which is included in the Quote. All shipments are F.O.B. BlueTiger’s shipping facility. Customer has selected the shipping method and is responsible for all loss or damage that occurs to the Components during shipping. BlueTiger agrees to assist customer with claims for loss or damage during shipping. Shortage. All claims that not all of the Components were included in the shipment shall be made to BlueTiger within 10 days of delivery. Unavoidable Delays and Acts of God. BlueTiger agrees to use diligence to assure that the order is shipped on time. However, factors beyond BlueTiger’s control may delay delivery beyond the estimated delivery date. BlueTiger is not responsible for delays in shipment resulting from Acts of God or other circumstances beyond BlueTiger’s control, and Customer is not entitled to cancel the order on account of such uncontrollable delays. Consequential Damages. BlueTiger shall not be liable for any incidental or consequential damages arising from any defects in the Components. The remedies set forth in this agreement shall be the exclusive remedies available to Buyer in lieu of all other remedies. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to Components. This warranty gives Customer specific rights, and Buyer may also have other rights which vary from state to state. Pricing Errors. If a Component is listed in the Quote with an incorrect price due to clerical error, BlueTiger has the right to cancel the order placed at the incorrect price. BlueTiger Dealers. BlueTiger Dealers are not authorized to modify the warranty contained in this agreement or to make other promises or commitments on behalf of BlueTiger. In such event, only the BlueTiger Dealer (and not BlueTiger) is responsible for any additional warranties, promises, or commitments that are made. Design Change. BlueTiger reserves the right to change Component design and specifications without notice in accordance with its policy of continuous product improvement. Applicable Law and Forum. The validity, performance and construction of the terms of this agreement shall be governed by the laws of the State of Arizona. All lawsuits by either party arising out of this agreement shall be brought in a court in Maricopa County, Arizona.