ALL PURCHASE ORDERS RECEIVED BY CROSSWIND MACHINING ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS UNLESS OTHERWISE SPECIFIED IN WRITING BETWEEN CROSSWIND MACHINING AND THE ISSUER OF THE PURCHASE ORDER:

Payments:

The following will apply to all customers approved for payment terms with CrossWind Machining (hereinafter referred to as “CrossWind”). 1%15NET30 payment terms apply to all approved accounts unless otherwise agreed upon in writing by CrossWind. 1%15 discount will only apply if payment is postmarked or electronically received within 15 days from the INVOICED DATE. Discounts not applicable to invoices paid by CC.

Late Fees will automatically apply to all overdue invoices:

-   After 45 days, will be subject to a late fee totaling 5% of the original invoice amount.

-   After 60 days, will be subject to an increased late fee totaling 8% of the original invoice amount.

All invoices paid by credit card are subject to a credit card processing fee of 2.99% for the TOTAL amount of the invoice. (CC processing fees are subject to change periodically by CC processing vendor and will be updated here as necessary). If NET30 terms have not been established with CrossWind, all invoices will be paid by credit card or C.O.D. prior to shipping.

Shipping:

All shipments are “F.O.B. Origin” (Hayden, ID) and shipped via FedEx Ground unless otherwise specified/requested by purchaser and shipped using purchasers shipping account. International duties and taxes are the responsibility of the purchaser. If the purchaser requires shipping insurance, this must be requested on the P.O to CrossWind. Claims for lost or damaged components due to shipping error must be filed with the shipping carrier by the purchaser (unless shipped using CrossWind Machining's shipping account(s)).

If the purchaser does not have a shipping account with a carrier of their choice, CrossWind will utilize its shipping account(s) and will include actual shipping costs automatically, including insurance in their invoice to purchaser. CrossWind ships Monday through Friday excluding holidays and are subject to a 2pm PST cut-off time for drop off/pickup by shipping carriers. CrossWind Machining's shipping damage/loss liability ceases when delivery (or pickup) is made to the shipping carrier. In the event of goods being lost in transit, CrossWind will make every effort to assist customers in locating the lost items and/or obtaining proper restitution from the shipping carrier.

Return Policy:

All products and services provided by CrossWind shall be deemed acceptable as supplied unless CrossWind is notified of any non-conformity or defect within 45 days of receipt. If any issues are found with purchased product(s), purchaser must contact CrossWind to discuss any concerns and possible return authorization. No product may be returned without prior authorization from CrossWind. All returns must include a copy of the invoice and/or packing slip. Returned products will be fully inspected for use and damage before disposition is issued.

Pricing:

CrossWind ’s pricing is valid for 30 days from the issue date of a quote. However, please note that for certain material or services included in a quote, pricing is subject to changes prior to services rendered due to fluctuations in material or service provider costs, (even within the validity period). CrossWind shall notify purchasers if pricing changes occur prior to services rendered by a provider.

CrossWind strives to maintain the original quoted pricing but reserves the right to adjust pricing to account for changes in the cost of goods or services. Customers will be promptly notified of any such adjustments prior to services performed.

Guarantee:

CrossWind hereby guarantees that all products provided will conform to the written specifications and requirements supplied by the customer and are contained in certification documentation. No guarantee is provided for work done on a “best-efforts” basis. This guaranteed policy supersedes ALL terms and conditions documented on customers’ purchase orders regarding a supplier’s warranty and liability.

Choice of Law:

Any products manufactured, processes or services performed by or on behalf of CrossWind, shall be governed by and construed in accordance with U.S Federal laws and/or the internal laws of the State of Idaho, without giving effect to any choice of law or conflict of law provision or rule (whether of the State of Idaho or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than United States or the State of Idaho. Any/all contract disputes shall be settled in accordance with the federal law of the United States and the state of Idaho.

In the event a dispute cannot be reconciled between CrossWind and any other company, individual or entity, the parties agree to participate in mediation (and possible arbitration) within the United States (and its federal laws) and in accordance with the mediation procedures of United States Arbitration & Mediation. The parties agree to share equally the costs of the mediation. The mediation shall be administered by the offices of United States Arbitration & Mediation 500 N. Broadway, Suite 1800, St. Louis, MO 63102 (314) 231-4642.

* All terms and conditions are subject to periodic changes *