1.    Terms and Conditions apply exclusively to all Customer Agreements, all sales, and all work performed by FPRG, LLC. (“FPRG”) Unless otherwise directed or agreed to in writing by FPRG all prices are Ex-works seller’s facility, Doral, Florida and Buyer/Customer shall pay for all transportation (inbound and outbound), insurance, taxes, license fees, import, export, and customs fees and duties, tariffs, and other charges related to the products and services purchased from FPRG. FPRG is not liable for any damage to the customer’s product caused by transportation. FPRG encourages that its customers obtain adequate transportation insurance to protect their assets during transport. Customer shall be responsible for obtaining any required authorizations such as an export license or any other required governmental authorization and shall be responsible for complying with all US, foreign government and international export regulations, licensing and reporting requirements.

2.    Payment is required in advance, unless otherwise approved by FPRG.  For customers with approved payments terms, full payment must be received within 30 days from the invoice date.  Customer agrees to waive any claims for shortages, shipment errors, freight or pricing corrections unless asserted by the customer within 30 days following the receipt of goods. FPRG will work with all customers requiring extended payment terms due to financial hardships. Customer is encouraged to communicate these issues as soon as possible. Communication is of the essence in these matters. In the event an account must be submitted to collections, customer will assume all costs associated with efforts to collect.

3.  Orders must be cancelled in writing. The customer shall pay a charge reflecting the cost incurred in the cancellation including and without limitation to labor, material, overhead, restocking charges, outside suppliers’ charges, scrapping and disposal fees.

4.      Unless the parties otherwise agree to in writing, any information, knowledge, or data (including but not limited to pricing and industrial/commercial processes) which the parties may disclose to each other shall be held in confidence and may not be disclosed or used for any purpose.  Customer shall not cause any FPRG proprietary information or trade secrets to access the open market.

5.      FPRG warrants to its Customers that the work performed will be free from defects in workmanship at the time that FPRG completes the product. This warranty shall remain in effect for a period of one (1) year from the date the Airworthiness Certificate was issued, or until such time that the warranted item is altered or rendered unsuitable for its intended use, whichever occurs first. FPRG warrants that all repairs will be accomplished in accordance to the appropriate manufacturer’s manual and FAA approved data. If during the repair process a part is deemed not repairable due to a negligent act on behalf of FPRG. FPRG will pay for the cost of a replacement part at current “As Removed” market value.  FPRG shall not be liable for any defects if the part has been altered, overhauled, or repaired (or has been tampered with) by other entities other than FPRG during the warranty period. This Limited Warranty does not apply to failure that is caused in whole or in part by the failure of another aircraft part, component, system, or Foreign Object Damage.  Any defect/s that arise due to poor workmanship, errors, or omissions during the warranty period will be corrected at no charge by FPRG. FPRG will pay all freight charges incurred in the return of the material from and to any point in the United States. There are no other warranties expressed or implied. No reimbursement or other compensation will be given for consequential damages, delay, or loss of use.  This warranty will not apply in cases where improper storage, installation, misuse, neglect, accidents, incidents or an act of war or terrorism rendered the product defective.  This Limited Warranty shall be governed by the laws of the State of Florida. All enforcement action must be brought in Miami-Dade County, Florida, U.S.A.

6.   The Customer  shall  defend,  indemnify,  and  hold  harmless  FPRG against  all  losses,  claims,  suits, judgments, costs, and expenses, including but not limited to attorney’s fees and all associated costs therewith, which may accrue against FPRG by virtue of a claim by a third party for injury or death to person or damage to property as a result of negligent performance or non–performance by FPRG of its obligations under this agreement, except to the extent that such injury, death, or damage is caused solely and directly due to FPRG recklessness or willful misconduct. If customer furnishes or transfers any product(s) to any third party (“Transferee”), Customer shall obtain Transferee a written enforceable provision affording FPRG the protection of this article. If customer fails to obtain such agreement from Transferee, Customer shall indemnify and hold FPRG harmless for all claims made by Transferee.   

7.    The Customer agrees to obtain and maintain in full force the following insurances: “All Risk’s Insurance”, “All Property Insurance”, and comprehensive “Legal Liability Insurance” in favor of FPRG, its personnel, and/or Subcontractors. The Customer waives subrogation claims against FPRG and its subcontractors.

 Jan. 2021