TERMS & CONDITIONS

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PURCHASE AGREEMENT

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The Undersigned (Hereinafter “Purchaser”) agrees to purchase from Top Rudder Aircraft LLC (Hereinafter “seller”) the kit(s), Components, and accessories by the purchaser as reflected on the invoice executed concurrently herewith for the price as reflected on said invoice and the following other terms and conditions:

1. TAXES: Purchaser is liable for all sales, use or other taxes resulting from the purchase that are assessed by the agency for any jurisdiction that may apply to this purchase. A $300.00 sales tax will be added for South Carolina Residents and all customer pick-ups at the factory

2. LIMITED WARRANTY: Seller’s sole obligation to Purchase after the sale is that it warrants to replace, without charge, any part or component of this order manufacturer by Seller and discovered to be missing or defective within 30 days after the date of delivery of the Seller provided that purchase proves to the satisfaction of the Seller that said part or component missing or defective at the time it was delivered. All parts claimed defective should be returned properly identified to the Seller within the 30 days of aforesaid. This warranty to replace applies only to new and unused materials that after shipment from the factory of the Seller have not been abused, altered, changed, tampered with or treated in any manner whatsoever. In no event shall Seller by liable for special, incidental, or consequential damages including personal injury or property damage claims incurred by Purchase or any other person. This warranty is extended to ORIGINAL PURCHASER ONLY and is not transferable. SELLER DISCLAIMS ALL OTHER WARRANTIES, OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILTY OR MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.

3. RELEASE OF LIABILITY WAIVER: Purchaser acknowledges that the term of the Release of Liability and Wavier, that Purchaser executes concurrently herewith are material aspects of this purchase agreement and are incorporated into terms of this purchase agreement.

4. ENTIRE AGREEMENT: It is further agreed that this Purchase Agreement, if accepted by Seller, is the only contract controlling this sale and purchase, and that it contains all agreements, expressed or implied, whether verbal or in writing, and Purchaser acknowledges receipt of a copy of the same.

5. SERVEABLE: If any provision herein is deemed void, illegal or voidable as a matter of law, the remaining portions hereof shall remain binding and enforceable as if severable from such void, illegal, voidable, or unenforceable provision

6. BINDING EFFECTS: This agreement shall inure to the benefit of and be binding on each of the parties and their respective estates, executors, personal representatives, heirs, successors, and assigns.

7. ATTORNEY FEE: In the event legal actions becomes necessary to enforce any of the terms of this contract, the prevailing party shall by entitled to reasonable attorney’s fees and cost incurred therein.

8. APPLICABLE LAW VENUE: This agreement shall interpret, construed and enforced in all respects in accordance of the laws of the State of South Carolina. Buyer shall not convince nor prosecute any suit proceeding or claim to enforce the provisions of this agreement, to recover damages for breach or default under this agreement, or otherwise arising under or by reason of this agreement other than the counts of the State of South Carolina or the district court of the United States, district of South Carolina Buyer irrevocably consents to the jurisdiction of the courts of the State of South Carolina wit Venue laid in Oconee County and the district court of the United States, District of South Carolina.

THE UNDERSIGNED HEREBY CERTIFES THAT HE OR SHE HAS READ THE TERMS AND PREVISIONS OF THE PURCHASE AGREEMENT AND AGREES TO ACCEPT AND COMPLY WITH THE FOREGOIN AND CONDITIONS FOR PURCHASE OF THE KIT(S) COMPONENTS AND ACCESSORIES BY TOP RUDDER AIRCRAFT LLC

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