HERBER AIRCRAFT SERVICE, INC.

QUOTATION VALID FOR 30 DAYS

1401 EAST FRANKLIN AVENUE
Page 1 of 7
EL SEGUNDO, CALIFORNIA
90245-4307
PHONE : (310) 322-9575
FAX : (310) 322-1875
WEBSITE : www.herberaircraft.com

Bill To: Ship To:

Absolute Aircraft Parts Absolute Aircraft Parts
Hangar 1, Gate 4 Lanseria International Airport 5324 Georgia 85
,
1748 Forest Park, GA 30297
ZA US

HAS Quotation No.: Q00000249 Payment Terms: PPD

Order Type: Sales Freight Terms: Collect freight
RFQ Date: 02/27/2025 Ship Via: SPECIAL DELIVERY Parcel
SPECDEL
Quote Expiration Date: 03/29/2025 IncoTerms: EXWORKS
RFQ / REF No: REF 030490 Contract Type: FFP
Sales Person: Antolina Contreras

Line Item Qty UOM Unit Price Extended Price Lead Time
(Weeks)

1 303-4 800 Feet $9.35 $7,480.00 1

Description: 303-4RL - HOSE RUBBER
M.P. 1-WIRE (ON REEL)
Manufacturer: Eaton
ECCN: EAR99
Customer
Notes:absdkjahsdjkashdjkhsadkjhasdj

2 306-4 300 Feet $4.46 $1,338.00 20

Description: 306-X Mil-DTL-5593-4
Manufacturer: Eaton
ECCN: EAR99
Customer Notes:
Customer Part #:

3 AE102-10 100 Feet $12.34 $1,234.00 1

Description: FIRESLEEVE
Manufacturer: Eaton
ECCN: EAR99
Customer Notes:
Customer Part #:

Order Total: $10,052.00

Tax:

Final Amount: $10,052.00

Quote terms:
1.HAS terms and conditions shall apply to all PO awards.
2.CoC shall be provided, as required. Additional costs may apply for special certificates.
3.HAS is a Small Business.
4.NAICS codes: 332312, 336412, 336413, 336419.
5.A 3% fee will be added for all credit card transactions, as applicable.
6.Minimum order: $250.
7.Quote Validity: This quote is valid for thirty (30) days from date of submittal and will be subject to updates thereafter.
8.For all orders that do not require an export License, please complete the below and add to Purchase Order.
9.When FAIR is requested, AS9102 Forms 1, 2 and 3 will be provided. No other documents will be provided, unless requested and
may be subject to additional fees.
10.The revision level quoted herein is to the revision level to be accepted on your PO and furnished upon shipment. Any changes to
this revision are subject to Request for Equitable Adjustment (REA) per FAR 52.243 and DFAR 252.243-7002.

Ultimate Destination (Country) South Africa

End User Name ABSOLUTE AVIATION
End Use (Application)

The validity of this quote is 30 days from date of submittal. Herber reserves the right to update the quote prior to acceptance of
any order.
Herber Aircraft Service (HAS) terms and conditions, et al, Payment Terms, Credit Application, Prepaid, Credit Cards, and Wire
Transfer Fee apply to this quote.
 QUOTATION VALID FOR 30 DAYS
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TERMS AND CONDITIONS

Acceptance of Purchase Order, Repair Order, or Contract:

1. Any order by an organization or person ("Buyer") for goods (an "Order"), if accepted, is accepted subject to
these Terms and Conditions of Sale ("T&Cs"), which are incorporated into any acceptance, acknowledgement,
invoice, and other document issued by Herber Aircraft Service, Inc., or HAS ("Seller") in response to such Order
(each a "Response"), and any reference thereto shall include these T&Cs. No waiver, alteration, or modification
of these T&Cs shall be valid unless expressly agreed to in writing by Seller and specified as superseding these
T&C's. Any order to purchase goods or receive services shall constitute Buyer's assent to these Terms and
Conditions.
1.1 The T&Cs constitute the entire agreement between the parties and any different, additional or
conflicting terms or conditions set forth in Buyer's purchase order or any other document issued
The T&Cs constitute the entire agreement between the parties and any different, additional or
conflicting terms or conditions set forth in Buyer’s purchase order or any other document issued by
Buyer are expressly objected to by Seller and the terms hereof, including those contained in the
applicable Response, shall exclusively govern the purchase and sale of the goods covered by the
Response unless there is another manually signed agreement between the parties, which shall control
to the extent there is a conflict between the terms of such agreement and these T&Cs. For avoidance
of doubt, it is the intent of the parties that Section 2-207 of the Uniform Commercial Code concerning
the Battle of the Forms shall not apply to the performance of any Order by Buyer or Seller or to the
sale of goods from Seller to Buyer.
1.2 In addition, it is the intent of the parties that provisions of neither the Uniform Commercial Code nor
the United Nations Convention on Contracts for the International Sale of Goods shall form any part of
the contract between the parties. These T&Cs shall apply to all orders and releases and are the
exclusive terms governing the relationship of the parties. Seller is not willing to contract with Buyer
except in accordance with these T&Cs. Buyer’s acceptance of these T&Cs and Seller’s performance
of the Order (in whole or in part) are expressly limited to, and conditioned upon, Buyer’s acceptance
of these T&Cs which may not be changed or waived except in a writing signed by both parties.
1.3 Without limitation on any other means by which Buyer may signify its acceptance of these T&Cs,
Buyer’s performance hereunder, in whole or in part; acceptance of any Supplier submission relating
to goods; intellectual property used in performance of repairs, issuance of releases or delivery
schedules; acceptance of any goods; payment for any goods; or any other conduct recognizing the
existence of a contract or business relationship with Seller, constitutes Buyer’s acceptance of these
T&Cs.
1.4 Without limitation on the foregoing, Seller’s performance on an Order shall not be considered
acceptance of any counter-offer or terms provided by Buyer, and Seller will not be bound by, hereby
objects to, and rejects, any additional provision or any provision at variance with these T&Cs that may
appear in Buyer’s purchase order, standard terms and conditions, including terms and conditions
referenced in Buyer’s purchase order, acknowledgments, form agreements, supplier or quality
manuals, notices or in any other document or communication from Buyer to Seller, or any updates or
amendments thereto, whether Seller has been notified of such provisions, or however such provision
may be communicated or referenced (including any provisions contained on Buyer’s website, EDI
platforms, electronic mail, or any other medium), and whether appearing in hard copy, electronic, or
graphic form, or with respect to any online bids or online quote packages that purport to require
acceptance of terms and conditions in order to access the bid or quote documents. No email, EDI,
on-line access to bids or quote packages, or website communications or exchanges shall constitute a
modification of, or objection to, these T&C’s or any other part of Seller’s offer to sell goods.
2. Unit of Measure (UOM): Each and/or per linear foot.
3. Purchase Order/Contract Type: Firm Fixed Price (FFP).
4. Currency: This quote is bid in U.S. dollars.
5. Minimum Buy Order: U.S. $250.00.
6. Changes/Configuration Control: It is assumed by HAS that the revision level quoted will be the same revision
level at the time of contract issuance. If the revision level changes, in the time between quotation and contract
issuance, or, at any time during the performance of the order, HAS shall be permitted to stop work, for time
necessary to review the change, determine impact upon production, and then may issue a request for equitable
adjustment for price and/or additional time required to complete the order. If HAS determines that the revision
level cannot be incorporated, for whatever reason, then the Buyer will not incorporate the contemplated change,
or, will amend the order back to the original revision level.
7. Certification Supplied: Standard Packing Slip Certificate of Conformance (CoC).
8. Quote Validity: This quote is valid for a period of thirty (30) days from date of submittal and will be subject to
updates thereafter.

Herber Aircraft Service Inc. | 1401 East Franklin Avenue, El Segundo, CA 90245, USA | 1-800-544-0050 | +1-310-322-9575
Email: [email protected] | Website: www.herberaircraft.com
 QUOTATION VALID FOR 30 DAYS
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HERBER AIRCRAFT SERVICE (HAS), INC.

GENERAL TERMS AND CONDITIONS

9. Delivery: HAS is a distributor and deliveries are based on manufacturers availability and may be subject to
delivery updates. HAS will‚ in good faith‚ endeavor to ship by the estimated shipping date but shall not be
responsible for any delay or any damage arising from its failure to ship by the estimated shipping date.
10. Shipping: All goods are sold Ex-Works at Seller’s facility (“Shipping Point”) Incoterms 2020. Seller’s obligation
to deliver the goods shall be fulfilled when it has delivered the same in good condition to a carrier at the Shipping
Point. Unless otherwise specified, Buyer shall pay or reimburse Seller for all transportation, freight, insurance,
loading, packaging, and handling charges, taxes, duties, fees, storage, and all other charges applicable to the
goods. Buyer shall not be responsible for any taxes based on Seller’s income. Buyer shall insure each shipment
of goods with a reputable insurer for a minimum 100% of the full invoice value of such shipment and shall name
Seller as an additional insured. Dates for delivery (including any Buyer “need” or “request” or “required” dates)
are estimates made by Buyer and Seller, are not guarantees, and are determined from the date of Seller’s receipt
of a written purchase order. In no event shall Seller be responsible for penalties, costs, expense, obligations, or
damages of any kind if the Buyer requested delivery, need, or required date(s) are not met. Overtime and other
expenses incurred to hasten delivery at Buyer’s request or demand shall be added to the quoted prices and paid
by Buyer. Shipment of goods that are available for delivery can be deferred beyond the date for delivery only
with Seller’s written consent.
11. Lien/Security: Seller retains a vendor’s lien on all goods sold to Buyer until such goods are paid for in full. Buyer
hereby grants Seller and Seller hereby reserves a purchase money security interest in and to the goods sold to
Buyer together with all proceeds thereof to secure Buyer’s performance and payment. Buyer agrees upon
Seller’s request to do all acts and execute all documents reasonably necessary to assist Seller’s perfection and
maintenance of any such security interest and right of possession, including, but not limited to, executing, and
filing documents with the appropriate governmental agency.
12. Orders: Buyer shall submit a purchase order (“Purchase Order”) for the goods which shall, at a minimum,
include: (a) part number of the goods ordered; (b) quantity; (c) price of the goods; (d) requested delivery or need
date; and (e) shipping instructions and shipping address, including a statement that the goods will be shipped
“EXW Shipping Point” or “EXW Origin” and if the Purchase Order states otherwise, the shipping terms shall be
Ex-Works Shipping Point.
11.1 All Purchase Orders are subject to acceptance by Seller. Buyer shall be responsible for all additional costs
resulting from errors made in connection with telephone or handwritten Purchase Orders accepted by
Seller and any errors related to such a Purchase Order must be disputed within 72 hours from Seller’s
receipt of the Purchase Order. Confirming Purchase Orders are not accepted by Seller unless an executed
Sales Order Acknowledgement is returned to the Buyer.
11.2 Blanket Purchase Orders: If Buyer’s Order is in the form of a Blanket Purchase Order, Buyer agrees that
each shipment release shall be treated as a separate sales transaction hereunder, that all shipment
releases shall be non-cancelable and, unless agreed in writing by Seller, all scheduled shipment releases
to the buyer under such Blanket Purchase Order shall not exceed 12 months from the Seller’s Order
acknowledgement date to Buyer.
11.3 Source Inspection: The Seller shall not be responsible for the delivery date when the Buyer has required or
requests external inspection of goods. It is the responsibility of the Buyer to schedule external inspections
of good(s) during the Sellers normal business hours.
13. Acceptance: Buyer shall conduct any incoming inspection tests on the goods within 5 working days of delivery.
In the event of any shortage, damage, or non-conformity with Seller’s warranty in or to a shipment of goods or
pricing discrepancies, Buyer shall promptly give notice, but in no event later than within 10 working days of
delivery thereof, to Seller and shall furnish such written evidence or other documentation as Seller reasonably
may deem appropriate. If such evidence indicates, in Seller’s reasonable judgment, that such shortage, damage
or non-conformity in Seller’s warranty was the responsibility of Seller and existed at the time of delivery of the
goods to the carrier, Seller shall promptly deliver additional or substitute goods to Buyer; provided, however, that
Seller may, in its sole discretion, require Buyer to return all damaged or non-conforming goods prior to delivery
of substitute goods. If Buyer shall fail to timely give Seller such written notice, the goods shall be deemed to
conform to the warranty and Buyer shall be deemed to have accepted the goods and shall pay for the goods in
accordance herewith.
13.1 Goods devoid of an FAA 8130-3 or equivalent certification: Unless the goods are accompanied by an FAA
8130-3 tag or equivalent certification provided by a duly authorized representative, the goods are
manufactured to an Industry or Aerospace OEM standard which may have dual use. Therefore, HAS is not
offering goods for installation on an FAA type certificated products unless the installer has FAA type
certificate approval, or other regulatory approval, to authorize the part or next higher assembly
airworthiness (Ref AC-21-29c).
14. Freight Charges: All freight is paid for by Buyer. Buyer can provide a freight collect charge number or prepaid
and added to the purchase order.
15. Packaging standards: Product is to be packaged in accordance with standard industry practices for U.S.
domestic shipments only.
16. Special Packaging: For special packaging additional costs may apply and will be defined at time of quote.

Herber Aircraft Service Inc. | 1401 East Franklin Avenue, El Segundo, CA 90245, USA | 1-800-544-0050 | +1-310-322-9575
Email: [email protected] | Website: www.herberaircraft.com
 QUOTATION VALID FOR 30 DAYS
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HERBER AIRCRAFT SERVICE (HAS), INC.

GENERAL TERMS AND CONDITIONS
17. Taxes, Duties, and Insurance: Prices include all applicable federal, state, and local taxes, duties, tariffs, and
similar fees imposed by any government shall be included at time of quote to Buyer.
18. Payment Terms: Unless the HAS Finance Department has extended credit terms to Buyer in writing‚ or unless
other terms are included in delivery documents issued by HAS for the Products‚ payment terms are net 30 days
in United States currency. Payment Terms that have been modified on a purchase order will not be accepted by
HAS, all payment terms must be approved in writing by the HAS Finance Department. HAS reserves the right
to modify or withdraw credit terms at any time without notice and to require guarantees‚ security‚ or payment in
advance of the amount of credit involved. If Buyer fails to fulfill the terms of payment‚ HAS may defer further
shipment to Buyer or‚ at its option‚ cancel the unshipped portion of Buyer’s order. Buyer agrees to pay interest
on all past due invoices at the highest contractual rate allowable under the laws of the State of California.
19. Accounts Receivable: Send all invoices to: HAS Accounting, email [email protected].
20. Credit Application: First time Buyers, please submit credit application to HAS Sales Representative. U.S. based
credit references are needed. Attach three (3) credit references and/or re-sale card if applicable, with a Request
for Quote (RFQ).
21. Prepaid: For Buyers defined as “Prepaid” and have prepayment terms established by HAS, the following applies:
21.1 All initial prepayments must be received by HAS before Purchase Order is placed and Order
Acknowledgement is sent to Buyer.
21.2 Minimum sales order $250.00 paid by credit card/ACH
21.3 Sales Order $250 up to $9,999.00
21.3.1 Balance due five (5) business days PRIOR to shipment date.
21.4 Sales Order $10,000 and $99,999.00
21.4.1 50% upfront deposit at time of booking.
21.4.2 Remaining Balance (50%) due five (5) business days PRIOR to shipment date.
21.5 Sales Orders over $100,000, prepayment terms TBD. Contact HAS Sales Representative.
22. Credit Cards: Credit Card Payments apply to U.S. Buyers Only. A Processing Fee of 3% will be added to your
order if paid with credit card. If you have Net 30 payment terms and pay by Credit Card Net 10 payment terms
will apply. Fee will be invoiced upon final shipment.
23. Wire Transfer Fee: A $25.00 charge will apply for wire transfer payments.
24. Additional Buyer Charges:
24.1 “Late Payment Holding Fee” defined as a fee charged by HAS to the Buyer when a shipment is held due
to, a) Buyer does not meet the required pre-payment amount, or b) Buyer has not made payment on a
previous invoice. This fee will be $30.00/Day, until HAS receives the balance due for shipment. Late
Payment Holding Fee will be billed the last day of each calendar month until final payment is received.
24.2 “Shipment Holding Fee” defined as a fee charged by HAS to the Buyer when the Buyer places a long-term
HOLD on the shipment date(s). This fee will be ADDED to the sales order and amount will be due upon
future shipment date(s) placed. Fee defined as 20% of sales order amount.
25. Returns: No goods shall be returned to Seller without Seller’s prior written authorization to Buyer to make such
returns and must be returned within 30 days of such authorization at Buyer’s cost. If Buyer returns goods in the
manner required under the previous sentence, and if the returned goods are in new, unused, unopened, and
undamaged condition, the returned goods will, subject to the applicable handling charge, be accepted by Seller
for return. No returns will be accepted without a Return Material Authorization Number (RMA) issued by HAS.
Used or discontinued goods or parts or goods specially manufactured (including using Buyer’s designated or
provided materials) will not be accepted for credit unless specifically agreed to by Seller in its sole discretion.
Buyer’s sole remedy for returns of goods shall be a credit for the purchase price less any handling charges.
Returned goods are subject to a minimum of 20% handling charge. Returns found to be free of defects will be
held for 30 days and if Buyer does not provide Seller repair or return instructions, the Seller will scrap the goods.
26. Buyer’s Specifications: Buyer shall be solely responsible for ensuring that all materials, specifications, drawings,
information, advice, recommendations, or requests provided to Seller by Buyer or any of its agents are accurate
and suitable to meet Buyer’s specifications. Seller’s examination or consideration of any such materials,
specifications, drawings, information, advice, recommendations, or requests shall not result in any liability on the
part of Seller. Buyer shall be responsible for all field testing, verifying, and assuring the accuracy of all Buyer
provided materials, designs and specifications provided to Seller to ensure the reliability and functionality of the
goods as it pertains to the user experience. Buyer is solely responsible for the accuracy and content of all design
specification materials, printed and electronic in origin, provided to Seller as necessary to produce the goods,
including but not limited to engineering specifications (such as 2D/3D CAD data files), manufacturing, finishing,
inspection, packaging, and shipping specifications.

Herber Aircraft Service Inc. | 1401 East Franklin Avenue, El Segundo, CA 90245, USA | 1-800-544-0050 | +1-310-322-9575
Email: [email protected] | Website: www.herberaircraft.com
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HERBER AIRCRAFT SERVICE (HAS), INC.

GENERAL TERMS AND CONDITIONS
27. Abandonment of Buyer Property: The Buyer shall not abandon any property sent to Herber Aircraft Service for
evaluation, testing, etc. If after a period of 90 days (from the date that the property was received) HAS has not
been provided disposition direction from the Buyer, HAS will attempt to contact that Buyer via email. If Buyer
direction has not been provided after a period of 90 days from the date on which the communication commenced,
HAS reserves the right to consider the property forfeited. HAS may at any time thereafter destroy or otherwise
dispose of the property. In that event, no action or proceeding shall be brought or maintained against HAS with
respect to the property.
28. Cancellation: No Purchase Order may be cancelled without prior written approval from HAS. We manufacture
and distribute custom parts for specific applications and cannot resell parts made for Buyer applications. If a
cancellation request is accepted in writing there will be a minimum 50% of purchase order price, cancellation fee
invoiced.
29. Force Majeure: HAS shall not be liable for any failure to perform its obligations under this Agreement resulting
directly or indirectly from or contributed to by any acts of God‚ acts of Buyer‚ acts of civil or military authority‚
priorities‚ fire‚ strikes or other labor disputes‚ accidents‚ floods‚ epidemics‚ pandemics, war‚ riot‚ delays in
transportation‚ lack of or inability to obtain raw materials‚ components‚ labor‚ fuel or supplies‚ or other
circumstances beyond HAS’s reasonable control.
30. Aircraft on Ground (AOG) Support Services: HAS provides AOG service, 24 hours per day, 7 days per week by
telephone 1-310-242-0089. Buyer must provide Tail Number of effected aircraft upon RFQ. The fee for this
service is $500.00 per order for in stock distribution items and $1,000.00 for Hose Assemblies and Harnesses.
Pricing will be at the current list price plus 50%.
31. Seller Warranty and Buyer Support: HAS warrants goods that are distributed by HAS to the extent of the
Manufacturer’s warranty. The Manufacturer makes final determination of any such warranty claims. HAS
warrants that the articles manufactured by HAS, and which are supplied hereunder, are free from defects in
material and workmanship that all items will conform to applicable specifications and drawings; and, to the extent
such items are not manufactured pursuant to detailed designs furnished by Buyer, that all items will be free from
defects in design and suitable for the intended purposes. The warranties of HAS, together with its service
warranties and guarantees, apply to the original purchaser. Any defective article must be returned with all original
packaging and documentation and a prior authorized Return Material Authorization (RMA) to HAS facility at 1401
East Franklin Avenue, El Segundo, CA 90245-4307, USA, or some other location HAS may designate with prior
notification to HAS, within twelve (12) months after date of shipment from HAS. The extent of the obligation of
HAS under the foregoing warranty is expressly limited to the repair or replacement of any defective article, and,
in no event shall HAS be liable for consequential damages. The Buyer shall notify HAS in writing within five (5)
days after discovery of any defect, detected during the warranty period. Shipping any defective goods to HAS
will be at Buyer's cost. Once an RMA has been issued there is a 30-day period to return the material, excluding
international shipping delays. Materials not shipped within the 30-days period will forfeit the warranty claim; proof
of shipping within the 30-day period will be accepted.
32. Buyer Warranty: Buyer represents, warrants, and covenants to Seller that the goods as manufactured in
accordance with Buyer’s design and manufacturing specifications do not and shall not violate any applicable
laws, rules or regulations or a patent, copyright, trade secret or other proprietary right of any third party. Buyer
represents, warrants, and covenants to Seller that all Buyer Provided Materials are free from defects in materials
and workmanship and are suitable for any work to be performed by Buyer in accordance with Buyer’s
specifications accepted by Seller. Seller shall have no liability or responsibility to Buyer for any damage,
destruction, or diminishment in value to or with respect to any Buyer Provided Materials, either before, during,
or after the performance of Seller’s work unless caused solely and directly by Seller’s negligence or intentional
misconduct. Buyer shall provide a no defect in materials or workmanship warranty with respect to each product
sold to an end Buyer for a period not less than the then remaining warranty period related to such product and
afforded to Buyer pursuant to Section 32 (Seller Warranty) above. Except with respect to the remedies provided
by Seller to Buyer under Section 32, any other warranties or representations, or remedies for breach thereof,
which Buyer may provide to its end Buyers shall be the sole responsibility of Buyer, and Seller shall not be bound
thereby. Unless Buyer receives OEM prior written consent, Buyer will not sell OEM products produced by the
Seller to end-users or intermediaries that sell to end-users that are other than the disclosed OEM or government
contract disclosed at the sellers po acceptance.
33. Hose and Harness Repair Warranty: HAS warrants for a period of ninety (90) days from the date of shipment,
all labor and parts for those products repaired at HAS facility. In the event a defect covered by these warranties
becomes apparent within the warranty period, HAS shall correct such defect and incorporate such correction in
any such product purchased hereunder which has not been delivered to Buyer. As to each defect, HAS shall be
relieved of all obligations and liability under this warranty if: The product has not been operated under normal
use, unless Buyer furnishes reasonable evidence that such operation was not a cause of a defect; or the product
has been repaired, altered, or modified by Buyer or others and such repair, alteration or modification was not
accomplished in accordance with accepted standard Engineering and Maintenance practices. In no event shall
Herber Aircraft Service, Inc. be liable for any claims, penalties, loss, damage, or expenses howsoever arising
out of prior modifications of hose or harness lengths and/or prior hose or harness repairs. Herber Aircraft Service,
Inc., cannot be responsible for the “as received” lengths of such hoses or harnesses. The foregoing warranty is
in lieu of all other warranties, expressed or implied, arising by operation of law or otherwise.
34. Consequential Damages: Notwithstanding any other provisions in the Contract to the contrary, HAS shall not be
liable for any consequential or incidental damages, however occasioned, including, without limitation, any

Herber Aircraft Service Inc. | 1401 East Franklin Avenue, El Segundo, CA 90245, USA | 1-800-544-0050 | +1-310-322-9575
Email: [email protected] | Website: www.herberaircraft.com
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HERBER AIRCRAFT SERVICE (HAS), INC.

GENERAL TERMS AND CONDITIONS
losses, liabilities, or damages resulting from the Buyer's general requirements or specific requirements and
needs, whether HAS at the time of contracting or later had reason to know of any such requirements or needs.
Notwithstanding any other provisions in the Contract to the contrary, HAS shall not be liable for any injury to any
person or property resulting directly or indirectly, from any breach of warranty (express or implied), for punitive
damages, or for any damages in respect of loss of anticipatory profits.
35. Buyer Indemnification: Buyer shall hold harmless, indemnify and defend (at Seller’s request) Seller for any and
all damages, liabilities, costs and expenses (including any costs of litigation, including but not limited to,
attorneys’ fees and any other costs and expenses), fines, or losses in connection with any threatened or actual
claims, actions, demands, investigations, or suits, including, but not limited to, claims or suits by third parties,
arising out of any of the following: (a) any claim based upon an allegation that the goods (to the extent they
conform with Buyer’s design and manufacturing specifications) infringes a patent, copyright, trade secret or
other proprietary right, and to pay the amount of any settlement, or the costs and damages awarded, with respect
to such claim, (b) Buyer’s negligent or willful acts, or those of its employees and/or agents, (c) such goods being
repaired or altered by persons other than Seller (unless expressly authorized in writing by Seller), (d) from goods
produced by Seller according to Buyer’s specifications, (e) any violations of export control laws by Buyer, or (f)
Buyer’s breach of any provision in these T&Cs.
36. Confidentiality: “Confidential Information” means any of Seller’s (a) business information, specifications and all
related writings, drawings, designs, and similar works or any other information which is disclosed by Seller and
labeled or marked as confidential, proprietary or its equivalent, or (b) oral or visual information that is designated
confidential, proprietary or its equivalent at the time of its disclosure, or (c) Seller’s manufacturing processes and
suppliers used for the procurement of materials, parts, or components incorporated into the goods, whether or
not such information is marked as confidential or proprietary. All Confidential Information shall be the exclusive
property of Seller, and Seller retains all its right, title and interest. Buyer agrees to use Confidential Information
for the exclusive purpose of performance under the Purchase Order and not to disclose or provide any
Confidential Information to any third party and to take all necessary measures to prevent any such disclosure by
its employees, agents, contractors, or consultants. Upon request of Seller or completion of the Order, Buyer
shall return all Confidential Information to Seller and provide certification of such return.
37. Governing Law‚ Venue, Limitation of Actions: This Agreement is performed in Los Angeles County, California
and shall be governed by laws of the State of California without regard for its conflict of laws rules and specifically
excludes the U.N. Convention on Contracts for the International Sale of Goods. No action for breach of this
Agreement or any covenant or warranty arising under this Agreement‚ shall be brought more than one year after
the cause of action has occurred. Buyer agrees that any legal action or proceeding by Buyer against HAS with
respect to this Agreement will be brought in a court of competent jurisdiction located in Los Angeles County‚
California‚ USA.
38. Export Control Compliance: Buyer represents and warrants that it is not designated on, or associated with, any
party designated on any of the U.S. government restricted parties lists, including without limitation, the U.S.
Commerce Department Bureau of Industry and Security (“BIS”) Denied Persons List; Entity List or Unverified
List; the U.S. Treasury Department Office of Foreign Assets Control (“OFAC”) Specially Designated Nationals
and Blocked Persons List; or the U.S. State Department Directorate of Defense Trade Controls (“DDTC”)
Debarred Parties List. Buyer shall comply with all applicable U.S. economic sanctions and export control laws
and regulations, including without limitation, the regulations administered by OFAC, the Export Administration
Regulations administered by BIS, and the International Traffic in Arms Regulations administered by DDTC.
Seller may terminate this Order and discontinue any ongoing supply to or business with Buyer immediately,
without notice and without liability, upon Seller becoming aware that Buyer is named on any restricted party list.
Buyer and HAS shall comply with all applicable export control laws and regulations, including but not limited to
the Arms Export Control Act, International Traffic in Arms Regulations (ITAR), the Export Administration
Regulations (EAR), including obtaining any licenses or permits thereunder and any other applicable government
directives related to export control. Neither Party shall transfer any export-controlled information (e.g., technical
data) from the U.S. to any non-U.S. person, country, government, or entity without first complying with all the
requirements of the ITAR or EAR, as applicable. Any Party requesting U.S.G. authorization to export
export-controlled information provided by the other Party under this Agreement must first obtain the disclosing
Party’s written consent. Written consent by the disclosing Party, however, shall not relieve the other Party of its
obligations to comply with U.S. Export Regulations.
If an Export License is required, please complete the Statement by Ultimate Consignee and Purchaser, BIS-711
Form and Herber Export Compliance Questionnaire and return to HAS.

For all orders that DO NOT require an Export License, please complete the below and add to Purchase Order.
Ultimate Destination (Country):
End Username:
End Use (Application):
I/We will comply with the applicable laws and regulations regarding export-
controlled items defined or sold under this contract, and shall not export, re-
exports, transfer, divert or disclose any Products or Proprietary Information, to
any destination restricted or prohibited by U.S. Export Laws, or without the
appropriate export license or approval from the U.S. Government.

Herber Aircraft Service Inc. | 1401 East Franklin Avenue, El Segundo, CA 90245, USA | 1-800-544-0050 | +1-310-322-9575
Email: [email protected] | Website: www.herberaircraft.com
 QUOTATION VALID FOR 30 DAYS
Page 7 of 7

HERBER AIRCRAFT SERVICE (HAS), INC.

GENERAL TERMS AND CONDITIONS
39. Survivability: All provisions set forth herein regarding warranty, confidential information, indemnification, liability,
and limits thereon, and any other provisions that survive by their terms will survive any termination or expiration
of any Response delivered in connection herewith pursuant to the terms of such sections. In the event that any
provision of these T&Cs is held to be illegal, invalid or unenforceable under any present or future law, rule or
regulation, such provision shall be deemed stricken from these T&Cs, but such illegality, invalidity, or
unenforceability shall not invalidate any of the other provisions of these T&Cs. Buyer represents and covenants
that it has, and will continue to, comply with all laws and regulations related to the goods sold hereunder,
including, but not limited to, export control laws. This sale transaction shall be governed, construed, and enforced
solely by the laws of the State of California. Buyer may not assign, including by operation of law, its obligations
hereunder without Seller’s written consent.
40. Right of Access: At no additional cost to Seller, the Goods may be subject to inspection, surveillance and test at
reasonable times and places, including Seller's subcontractors' locations. Only Buyer listed on the PO, FAA, and
other regulatory authorities, has the right to visit Seller’s and Seller’s subcontractors’ locations during operating
hours to inspect, review and assess progress and performance under this Contract, including, but not limited to,
production, schedule, and quality. Any Buyer representative shall be allowed access to all areas used for the
performance of the Contract. Buyer may perform inspections, surveillance, reviews, and tests so as not to unduly
delay the work.
41. First Article Inspection (FAI): Buyer shall include any FAI requirement at time of Request for Quote (RFQ) to
Seller.
FAI Reports: manufacturer may provide AS9102 Forms 1, 2, and 3 only.

 Balloon drawings are not guaranteed with FAIR requests and may not be available.

 Full certifications referenced on FAIs may not be available and must be requested at time of RFQ.

 Manufacturer’s FAI documents are considered final and are not subject to further revisions.
Seller will not provide a FAI for Commercial-Off-The-Shelf (COTS) parts if the following criteria is present:
Commercial-Off-The-Shelf (COTS) Item: Commercially available item intended by design to be procured and
utilized without modification (e.g., common electronic components). Any item or assembly meeting all of the
following requirements:
a. Defined by industry, manufacturer, military, or recognized specification or standards.
b. Without design modification, specification for a customer.
c. Customarily used by the public or industries.
d. offered for sale to the public, through catalogues, price list, brochures, stores, or websites.
If Buyer requests an FAI after the Contract/PO has been awarded, Seller has the right to request an equitable
adjustment to charge a fee for FAI. Buyer will modify Contract/PO to include the cost of FAI under separate line
item prior to Seller delivering the FAI to Buyer.

Herber Aircraft Service Inc. | 1401 East Franklin Avenue, El Segundo, CA 90245, USA | 1-800-544-0050 | +1-310-322-9575
Email: [email protected] | Website: www.herberaircraft.com