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Moto-Camp Terms & Conditions


This Order to and/or Sale by MOTO-CAMP.NET hereinafter referred to as MOTO-CAMP is subject to the following governing Terms & Conditions:

Title:
Title to and possession of all goods passes to Purchaser upon delivery to carrier.

Terms of Shipment:
All products are shipped F.O.B. MOTO-CAMP California warehouse. Purchaser may specify a preferred carrier for shipment; however, a Handling Fee may be
assessed. MOTO-CAMP will endeavor to meet that request, but cannot guarantee to do so. If no carrier or shipment method is specified, MOTO-CAMP will
ship in the manner MOTO-CAMP deems appropriate. Shipments refused by Purchaser will be subject to a return Handling Fee as determined by MOTO-CAMP.

Terms of Payment:
The full invoice amount is due and payable via VISA®, MASTERCARD®, DISCOVER® or PayPal™ without discount and without offsets. International orders
must be prepaid by PayPal™, wire transfer of funds, or International Money Order (Credit card is not accepted on International orders). MOTO-CAMP does not
offer terms. Purchaser agrees to pay a $35.00 charge on returned checks or other denial of payment. Any account over thirty (30) days will be subject to a
charge of one and one-half percent (1.5%) per month or the maximum rate of interest allowed by law, whichever is less.

Late Fees, Collection Costs and Attorney Fees:
Collection procedures will be initiated for any amount remaining unpaid 60 days from the date of invoice. Purchaser will pay all collection, attorney’s fees and/or
court costs, including penalties, other charges and interest, if any are due, in accordance with this Agreement and applicable state and federal laws.

Cancellation of Orders:
All cancellations are subject to a Cancellation Fee as determined by MOTO-CAMP. Although MOTO-CAMP standard Cancellation Fee is $25.00 per item,
regardless of the price of the item, the specific Cancellation Fee assessed will take into account direct and indirect expenses, overhead, costs already incurred,
commitments made by MOTO-CAMP to its suppliers, and normal provisions for profit and/or cost mark-ups. Orders for both specially manufactured and regularly
stocked items canceled before shipment is subject to the Cancellation Fee. Orders may not be cancelled after shipment.

Failure to Deliver and Delays in Delivery:
MOTO-CAMP shall not be liable for failure to make delivery, delays in delivery, or making partial deliveries.

Claims and Shortages and Non-Conforming Goods:
Upon receipt, Purchaser should immediately inspect and test all goods and services provided. Purchaser has seven (7) days from delivery of any shipment to
notify MOTO-CAMP of any claims regarding shortages or non-conforming goods in that shipment. Failure to make such notification constitutes a waiver of
Purchaser’s rights to make any such claims. No claims will be accepted on material shipped to other than the Purchaser or reshipped by Purchaser.

Returns:
No returns will be accepted without MOTO-CAMP prior verbal or written authorization. Returns shall be shipped to MOTO-CAMP in California, F.O.B. destination,
freight prepaid. Returned merchandise will only be accepted if returned within 30 days of purchase with MOTO-CAMP permission, accompanied by a copy of the
invoice. Merchandise must be received back to MOTO-CAMP in an undamaged, unused, and 100% salable condition. Returned merchandise is subject to
shipping and/or handling charges. A restocking charge equal to the greatest of 20 percent of merchandise sale price or $25.00 per item will be assessed on all
returns. NO RETURNS ON ELECTRIAL COMPONENTS.

Marking by Country of Origin:
MOTO-CAMP products are not marked to indicate their country of Origin. In the event Purchaser intends to resell products purchased from MOTO-CAMP,
Purchaser agrees to mark the packages in which the merchandise is to be resold to indicate the country of Origin of the products, in accordance with
appropriate legal and regulatory requirements.

Severability and Interpretation:
Invalidation of any part of this Agreement shall not invalidate the rest of the document. In case of any ambiguities or disagreements on interpretation of this
Agreement, the Purchaser and MOTO-CAMP agree that this agreement shall be interpreted in favor of MOTO-CAMP, and in light of the intent of this document
as written.

Governing Terms and Conditions of Order, Sale and/or Purchase:
MOTO-CAMP will not be bound by any terms in Purchaser’s correspondence, verbal or written orders, request for bids or confirmation forms which are in addition
to, or in conflict with the terms stated herein. (See modification clause below).

Governing Laws and Venue:
This agreement and transaction shall be governed by laws of the state of California, and the venue for any dispute shall be Los Angeles County, California in
the United States of America.

Binding Effect:
This agreement is binding on MOTO-CAMP, its assigns, its legal representatives, and its successors, and on those of Purchaser.

Limited Warranty on MOTO-CAMP Manufactured Products:
MOTO-CAMP warrants to the original purchaser that the goods will be free from defects in MOTO-CAMP workmanship and assembly for one year following date
of receipt. At MOTO-CAMP option, MOTO-CAMP may repair or replace the defective items, or refund the cost of the defective items. This warranty does not cover
any damage caused by accident, misuse, or failure to follow instructions, misapplication, alteration, or attempted repair by anyone other than MOTO-CAMP.
There are no express warranties beyond those set forth herein. MOTO-CAMP is not responsible for return freight charges.

Limitation of Warranty:
MOTO-CAMP EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES IMPLIED UNDER THE LAW SUCH AS,
BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, AND WARRANTIES OF FITNESS FOR PARTICULAR PURPOSE. MOTO-CAMP WILL NOT BE
LIABLE FOR ANY SPECIAL CONSEQUENTIAL OR INCIDENTAL DAMAGES. MOTO-CAMP LIABILITY FOR ALL CLAIMS WHATSOEVER SHALL BE LIMITED
TO THE AMOUNT OF THIS INVOICE.

Limited Warranty on Resale Products:
Products purchased by MOTO-CAMP from a third party for resale to Purchaser (Resale Products) shall carry only the warranty extended by the original manufacturer.
Purchaser agrees that MOTO-CAMP has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping
of the Resale Products.

Acceptance of Terms and Conditions:
In the absence of written agreement by Purchaser accepting these terms and conditions, acceptance by Purchaser of any goods covered by this invoice or order
shall constitute acceptance of all of these terms and conditions, which shall form the entire contract between Purchaser and MOTO-CAMP. MOTO-CAMP failure
to object to any other or contrary provisions contained in Purchaser’s order, or in any other communications between Purchasers and MOTO-CAMP, shall NOT
be deemed a waiver of any of these terms and conditions.

Modifications:
This Agreement may be modified only by a written agreement signed by authorized representatives of both Purchaser and MOTO-CAMP. The terms and conditions
entered on the face of this invoice by MOTO-CAMP take precedence over those pre-printed (FOR EXAMPLE, C.O.D. payment terms typed on the invoice would
supersede pre-printed “net 30” terms).

Pricing: All prices, terms, and conditions are subject to change without notice.


NO REFUNDS OR EXCHANGES ON MODIFIED OR ALTERED PARTS


Rev: 6/21/13




headwinds@headwinds.com | 221 W. Maple Ave. | Monrovia, CA 91016 | Telephone 626-359-8044 | Fax 626-359-6544
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