These Service Terms and Conditions apply to all work performed by Inflight Aircraft Maintenance, LLC and its affiliates (IAM) on the undersigned Customer’s Aircraft, work performed for the benefit of Customer, or otherwise performed at Customer’s request.

IAM Limited Warranty: Subject to the limitations stated below, IAM warrants parts and labor for the earlier period of six months or 50 hours of operation. Upon notice and confirmation by IAM of a valid claim under this limited warranty, IAM shall, at its sole cost, (i) re-perform the applicable labor if found defective; and/or (ii) repair and/or replace any necessary parts. IAM’s liability under this limited warranty, and Customer’s sole remedy, shall be limited to the completion of items (i) and/or (ii) above. IAM shall not be responsible for the costs or expenses of transporting the Aircraft or other warranted items to its repair facility unless otherwise agreed. This limited warranty does not extend to manufacturer's and vendor's parts or any defect existing in such parts. Such parts warranties, if any, are supplied by the manufacturers and/or vendors of such parts. THE EXPRESS WARRANTIES IN THIS SECTION ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS (INCLUDING FITNESS FOR A PARTICULAR PURPOSE) (COLLECTIVELY “EXCLUDED WARRANTIES”) WHICH ARE HEREBY WAIVED BY CUSTOMER. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE CUSTOMER HEREBY WAIVES AND RELEASES ALL RIGHTS, CLAIMS, AND REMEDIES (THROUGH SUBROGATION OR OTHERWISE) WITH RESPECT TO ANY AND ALL EXCLUDED WARRANTIES.

Operation by IAM: IAM is authorized to perform ground operations on the Aircraft to test the maintenance performed or as separately authorized by the Customer.

Change Orders: IAM shall not be responsible for performing any work not explicitly agreed by IAM and approved by Customer in writing. All changes to work scope or approvals of additional or different services shall be subject to these Service Terms and Conditions.

Payment Terms: Payment is due when services are rendered or as otherwise outlined in any invoice issued by IAM. Inflight accepts cash, checks, Visa, MasterCard, American Express, and Discover as payment for services rendered. All past-due accounts will incur a finance charge of 10% of the balance due per month. All checks returned for “Insufficient Funds” will incur a service charge of $30.00 per check in addition to the cost of services rendered. The customer agrees that the Aircraft will not be released until all amounts due and owing to IAM have been paid in full, including all finance charges, services charges, and storage changes permitted hereunder. The customer hereby consents and agrees that IAM may retain possession of the Aircraft until all past-due amounts are paid in full.

Part Return Policy: If a part has been installed and or used, that part sale is final. Unless the parties agree in writing to other payment terms, Customer agrees to pay for the work before the release of the Aircraft to Customer.

Taxes and Import/Export: All applicable federal, state, or local taxes and all duties, import or export fees, tariffs, or other similar levies shall be invoiced to and paid by the Customer except when the Customer provides the appropriate certificate of exemption. When applicable, all US and Foreign importation and export formalities, licenses, reporting, documentation, and/or permissions shall be Customer’s sole responsibility.

Force Majeure and Excusable Delay: IAM shall not be responsible for any delay, damages, or claims outside its control or due to Force Majeure, which includes Acts of God or the public enemy, acts of government, fire, explosion, riot, epidemic, quarantine restriction, strikes, civil disturbances, floods, earthquakes, adverse weather conditions, and other similar causes or events. The time for performance by IAM shall be extended for a period of time equal to the length of such event or condition. IAM shall also not be liable for any delay due to additional discrepancies discovered during the work or changes in the work scope at the Customer's request.

Aircraft Storage: Customer agrees that no bailment is created by virtue of the Aircraft being stored, kept, or possessed by IAM, and Customer acknowledges that IAM shall not be required to store any Aircraft in a hangar while in possession of IAM. IAM will work with Customer to arrange for a mutually agreeable time for an Aircraft to be retrieved by Customer after the completion of work by IAM. However, Aircraft which are not retrieved by Customer within 7 days after completion of work and a request by IAM for their retrieval, Aircraft which remain in the possession of IAM for more than 72 hours after a request for work authorization has been issued to which Customer has failed to respond, and Aircraft which are kept by IAM due to the failure of Customer to pay amounts due to IAM (collectively “Storage Fee Eligible Aircraft”) are subject to storage charges equal to the greater of the actual incurred cost of storage or $300 per day. IAM shall have no liability for any deterioration or damage to Storage Fee Eligible Aircraft while left in its possession, except to the extent such damage is caused by the intentional, willful, or wanton acts or other acts amounting to more than ordinary negligence of IAM. IAM will have no responsibility to insure or otherwise preserve or maintain the condition of Storage Fee Eligible Aircraft or their engines or propellers. However, if IAM, in its sole discretion, undertakes any such efforts, Customer hereby authorizes such efforts and agrees it is solely responsible for the costs of such efforts.

Limitation of Liability: Customer agrees that the price charged by IAM for the goods and services provided under this agreement has been determined in reliance upon Customer's acceptance of the terms and conditions of this agreement, including this limitation of liability. IAM's liability for damages of any kind shall in no event exceed the price of the goods or services giving rise to the claim. Neither party shall be liable for any loss of use, revenue, or profits, diminished value, or special, consequential, incidental, or punitive damages that arise or in any way related to this agreement or the aircraft's presence at the IAM facility, even if the other party has been advised of the possibility of such damages or loss. This limitation of liability applies to the extent permitted by the applicable law and regardless of whether any liability arises from a breach of contract, warranty, tort, by operation of law, or otherwise. THE EXCLUSION OF SUCH DAMAGES AS SET FORTH HEREIN SHALL APPLY NOTWITHSTANDING ANY OTHER PROVISION OF THESE SERVICE TERMS AND CONDITIONS, SHALL BE DEEMED INDEPENDENT OF ALL WARRANTIES AND OTHER PROVISIONS OF THESE SERVICE TERMS AND CONDITIONS, AND SHALL SURVIVE ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY WARRANTY OR LIMITED REMEDY UNDER THE TERMS OF THESE SERVICE TERMS AND CONDITIONS.

Indemnification: Customer assumes the risk of and agrees to indemnify and hold harmless the IAM from and against any and all liability, damage, loss, cost, and expense, including attorney’s fees, on account of any claim, suit or action made or brought against IAM, for the death of or injury to Customer, and any employees, agents, representatives, and subcontractors of Customer, or damage or destruction of property of Customer, its employees, agents, representatives or subcontractors, sustained, arising from or related to Customer’s presence on IAM facilities, except for those arising from the intentional, willful or wanton acts, or other conduct amounting to more than ordinary negligence, of IAM or its employees acting within the scope of their employment.

Governing Law and Venue: The relationship between Customer and IAM, the work performed by IAM on the Aircraft, and all rights and obligations arising under these Service Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to the principles of conflict of laws. The parties hereto hereby irrevocably submit to the exclusive jurisdiction of any federal or state court located within Hennepin County, Minnesota, over any dispute arising out of or relating to the relationship between Customer and IAM, the work performed by IAM on the Aircraft or any right or obligation arising under these Service Terms and Conditions, and each party hereby irrevocably agrees that all claims in respect of such dispute or any suit, action, or proceeding related thereto may be heard and determined in such courts. The parties hereby irrevocably waive, to the fullest extent permitted by applicable law, any objection which they may now or hereafter have to the laying of venue of any such dispute brought in such court or any defense of inconvenient forum for the maintenance of such dispute.