Below is Dart Helicopter Services Terms of Sale (the "Agreement") for any items purchased on the www.darthelicopterservices.com website. The terms "you", "your", and "yours" refer to you, the Buyer. The terms "DART Helicopter Services", "we", "us", and "our" refer to DART Helicopter Services and its affiliates and subsidiaries. Capitalized terms not defined in this Agreement will have their meaning ascribed to them in DART Helicopter Services' Terms of Use or Privacy Policy. DART Helicopter Services reserves the right to make changes to this Agreement at its discretion.

ORDERS

The website may be used by you to review and/or order products. As part of the ordering process you may either (i) request a quote for a product(s), or (ii) place an order for a product listed on the website.

Your order constitutes an offer to us to buy a product, and all orders are subject to verification and acceptance by DART Helicopter Services before shipping. Once an order is placed, an e-mail notification will be sent to you containing the details of your order. A DART Helicopter Services Customer Support Representative will contact you to finalize your order, freight and payment details and to obtain a signed "End User Statement" (the "Order Confirmation Process"). DART Helicopter Services requires a signed “End User Statement” to be on file prior to processing any orders. DART Helicopter Services may fax or email the End User Statement to you or you may obtain a copy via the website. The executed copy of the End User Statement may be faxed or emailed to DART Helicopter Services at the number or email address provided by the DART Helicopter Services Customer Support Representative.

Upon receipt of payment we will confirm your order by sending you an email confirming the shipment of your order (the "Shipping Confirmation"). A contract with us will only be formed when we send or contact you with the Shipping Confirmation, and it will only relate to those products whose shipment we have confirmed in the Shipping Confirmation. We reserve the right to (a) ship your order in separate shipments, (b) cancel your order at any time before we have accepted it, and (c) rescind our acceptance and cancel your order where there has been an error in price or availability.

PRICES AND AVAILABILITY OF PRODUCTS

It is always possible that, despite our best efforts, some of the products listed on www.darthelicopterservices.com may be incorrectly priced or incorrectly shown as "in stock" or otherwise available. If a product’s correct price is higher than the price stated on our website, the DART Helicopter Services Customer Support Representative will inform you regarding any pricing differences or changes as part of the Order Confirmation Process. You may cancel your order at any time during the Order Confirmation Process without penalty.
You acknowledge that there may be a period of time after an order has been submitted where the ordered product becomes unavailable. If a product is not in stock or is otherwise unavailable for shipment at the conclusion of the Order Confirmation Process, you may choose to cancel your order or continue to place the order subject to the "backordered" status of the product. Under such circumstances, you agree that we may cancel your order before or after completion of the Order Confirmation Process. Rarely, you may receive a Shipping Confirmation from us, but the product is no longer available. You agree that we may rescind our acceptance and cancel your order without penalty if we are unable to ship the product you ordered due to unavailability. In the event that DART Helicopter Services cancels an order after a Shipping Confirmation has been sent to you, DART Helicopter Services will refund all fees paid by you for the cancelled products.
Depending on the nature of the order, DART Helicopter Services may, in its sole discretion, require you to pay a deposit for a specific product or for the order as a whole. The deposit shall be paid prior to placement of the order by DART Helicopter Services with the manufacturer for the product(s) and/or order and the deposit shall be non-refundable. DART Helicopter Services may accept payment by credit card or may invoice you according to the terms of any financing, credit or lease agreement(s) executed between you and DART Helicopter Services which agreements are incorporated herein by this reference to the extent they do not conflict with the terms of this Agreement. In such circumstances, the Buyer's payment obligations will be subject to any such agreements executed prior to or at the time of sale.

SHIPPING AND RISK OF LOSS

We will provide commercially reasonable efforts to ship within 30 days of when you place your order but in no way guarantee shipment within such time period. Due to unforeseen circumstances beyond our control, we may face a delay in shipping your order. We will notify you by email or phone if all or a part of your order will be delayed.

All items purchased from www.darthelicopterservices.com are made pursuant to a shipment contract. Shipping terms are Ex Works per INCOTERMS 2000 at DART Helicopter Services' site, or other DART Helicopter Services-designated shipping locations, which shall appear in the Shipping Confirmation email.

RETURN POLICY

If for any reason you are not satisfied with your order, you may return the item(s) within 30 days of receipt. DART Helicopter Services, in its sole discretion, may choose to accept returns beyond the 30 days return period. You must contact DART Helicopter Services prior to returning a product in order to receive a Return Merchandise Authorization ("RMA"). The returned order must be in new condition (product is unused, without damage, and in the original packaging) and must be accompanied by the original receipt or invoice and the RMA. The Buyer bears all risk and DART Helicopter Services shall not be responsible or liable for any product or order returned to DART Helicopter Services without a RMA or any product or order returned directly to the manufacturer. We may refuse to issue a refund or reduce the refund price based on the condition of the merchandise. Depending on the nature of the order, DART Helicopter Services may, in its sole discretion, require you to pay a restocking fee, on a per product basis, equal to 25% of the purchase price for each product returned. Refunds will be made to the original form of payment. We will notify you by email when the return is processed and the refund is issued. The Buyer shall be responsible for payment of all shipping and handling costs for all returns unless the return is a result of a shipping error by DART Helicopter Services or DART Helicopter Services otherwise agrees to pay the shipping and handling costs.

WARRANTY DISCLAIMER

Most products and product options displayed on the website are available, but in some cases, certain products, product options or other merchandise displayed for sale on the Site may not be immediately available for order. The prices displayed on the website are not guaranteed and are subject to change. All prices quoted are in U.S. Dollars and are valid only in the U.S. and DART Helicopter Services does not guarantee or provide any warranty regarding the stability or accuracy of any currency exchange rates. Further product details, including specifications, colors, prices and features thereof, may not be an accurate representation of the actual product. All configurations and information generated on the website are subject to change without notice. DART Helicopter Services reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. All information of any sort related to the products offered on the website should be independently confirmed and verified by you when you place your order with an authorized DART Helicopter Services representative or agent.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE USER SHOULD NOT RELY ON ANY DIMENSION, SPECIFICATION OR INSTALLATION INFORMATION PROVIDED ON THE SITE, AS SUCH INFORMATION MAY BE INACCURATE, INCOMPLETE, OUTDATED AND/OR NOT APPLICABLE TO YOUR PARTICULAR SITUATION. DART HELICOPTER SERVICES SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR THE ACCURACY OF ANY SUCH INFORMATION, AND YOU, THE USER, ASSUME THE SOLE RISK OF ANY USE AND/OR RELIANCE THEREON.

BUYER ACKNOWLEDGES THAT ANY ITEMS ADVERTISED ON THE WEBSITE AND/OR SOLD BY DART HELICOPTER SERVICES OR ANY OF ITS SUBSIDIARIES OR AFFILIATES ARE ACCEPTED "AS IS, WHERE IS, AND WITH ALL FAULTS." NEITHER DART HELICOPTER SERVICES NOR ANY OF ITS SUBSIDIARIES OR AFFILIATES MAKES (AND DART HELICOPTER SERVICES EXPRESSLY DISCLAIMS) ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND OR NATURE WHATSOEVER OTHER THAN TITLE WITH RESPECT TO THE ITEM INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY THAT THE ITEM IS MERCHANTABLE, FIT FOR ANY PARTICULAR PURPOSE OR NONINFRINGING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DART HELICOPTER SERVICES AND ITS SUBSIDIARIES OR AFFILIATES DISCLAIM AND BUYER HEREBY WAIVES, ALL OTHER WARRANTIES, GUARANTEES OR LIABILITIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTY ARISING FROM A COURSE OF PERFORMANCE OR DEALING OR USAGE OF TRADE (ii) ANY WARRANTY AS TO THE CONDITION, AIRWORTHINESS, DESIGN SUITABILITY, OPERATION, QUALITY OF WORKMANSHIP OR MATERIALS, OR HISTORY OR LEVEL OF USE, MAINTENANCE, SERVICE OR REPAIR, OF THE ITEM, OR (iii) ANY WARRANTY AS TO THE USE, CONDITION (INCLUDING, WITHOUT LIMITATION, THE ABSENCE THEREFROM OF LATENT, INHERENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE), QUALITY, DESCRIPTION OR SPECIFICATIONS OF THE ITEM.

LIMITATION OF LIABILITY

IN NO EVENT SHALL DART HELICOPTER SERVICES, ITS AFFILIATES OR SUBSIDIARIES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDEMNITY, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE ITEMS SOLD THROUGH WWW.DARTHELICOPTERSERVICES.COM, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF DART HELICOPTER SERVICES, ITS AFFILIATES OR SUBSIDIARIES OR THEIR RESPECTIVE REPRESENTATIVES OR SUCH INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ALL TRIALS BY JURY AND ANY LIABILITY OF DART HELICOPTER SERVICES, ITS AFFILIATE AND SUBSIDIARIES FOR INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARE WAIVED.

INDEMNIFICATION

Buyer shall indemnify, defend and hold DART Helicopter Services, its affiliates, subsidiaries and their respective directors, officers, employees and agents harmless from and against any and all liability, costs, expenses (including attorney’s fees), claims or demands by Buyer or any third party of any nature relating to Buyer’s installation, use or maintenance of any items sold through www.darthelicopterservices.com.

COMPLIANCE WITH IMPORT/EXPORT LAWS

Buyer represents, warrants, and covenants that the items purchased pursuant to this Agreement will not be exported, re-exported, or transferred outside the United States or to any foreign persons unless under full compliance with any law or directive of the United States or the United Nations Security Council, including without limitation, the Trading With the Enemy Act, 50 Section 2401 et seq.; the Export Administration Regulations, 15 C.F.R. Section 768 et seq.; the Arms Export Control Act of 1976, 22 U.S.C. Section 2751 et seq.; and the International Traffic in Arms Regulations, 22 C.F.R. 120-128 and 130 promulgated there under; nor shall Buyer violate or permit the violation of such laws. Buyer further represents, warrants, and covenants that any necessary United States Government export license or other authorization has or will be obtained before exporting, re-exporting, or transferring the items under this Agreement outside the United States or to any foreign persons. The Buyer acknowledges that exporting, re-exporting, or transferring the items under this Agreement to foreign persons is subject to the above regulations regardless if the export occurs in the United States or abroad. Buyer shall defend, indemnify and hold DART Helicopter Services harmless to the full extent of any claims, demands, losses, damages, cost, lost profits, fines, penalties, attorneys' and other professional fees and court costs, and all other expenses arising from the Buyer's failure to comply with this clause, or the stated statutes and regulations, as they exist now or may be amended from time to time.

APPLICABLE LAW

This Agreement shall be governed by and construed in accordance with applicable United States Federal laws and the laws of the State of California, without giving effect to the conflict of laws provisions of such State. No treaties or conventions on the international sale of goods shall apply in any respect. Buyer agrees that they will not claim the protection of any other law or jurisdiction by reason of its present or future domicile, and Buyer hereby irrevocably waives any immunity from said jurisdiction or legal process, as well as any affirmative defenses based upon lack of jurisdiction, attachment prior to judgment, attachment in aid of execution, sovereign immunity, or forum non conveniens, whether Buyer possesses same now or at any time in the future.

ARBITRATION

All disputes between Buyer and DART Helicopter Services with respect to this Agreement shall be settled, if possible, through good faith negotiations. In the event that such good faith negotiations are unsuccessful, either Party may, after thirty (30) days written notice to the other, submit any controversy or claim arising out of, relating to or in connection with this Agreement or the breach thereof, to arbitration administered by the American Arbitration Association ("AAA") in accordance with the commercial arbitration rules of the AAA as modified by the provisions herein. The arbitration shall be held in California. The arbitration award shall be final, binding and conclusive on the parties. No recourse shall be made to any court, except solely to enforce a final arbitration award in a court of competent jurisdiction. The arbitrators shall be bound to follow the terms and conditions of this Agreement in resolving the dispute and under no circumstance shall any arbitration award grant any punitive, exemplary, consequential, incidental or other remote damages or any other damages excluded by this Agreement.

FORCE MAJEURE

Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its reasonable control including, but not limited to Acts of God, government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected.

ENTIRE AGREEMENT

Except as otherwise provided above with regard to payment, both Buyer and DART Helicopter Services acknowledge that this Agreement sets forth the complete and entire understanding of the parties with respect to its subject matter, superseding any and all prior negotiations, representations, warranties or agreements.

NOTICES

All notices and other communications shall be in writing (and shall be deemed to have been duly given or made when received) by delivery in person, by facsimile or by registered or certified mail (postage prepaid, return receipt requested), to DART Helicopter Services, 1736 Ord Way, Oceanside, CA, 92056. Phone: 1-760-295-6094. Fax: 1-760-295-9117. Email: optout@darths.com. All notices to Buyer will be delivered to the billing address provided by Buyer to DART Helicopter Services.

SEVERABILITY

If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

ATTORNEYS' FEES

If either party to this Agreement commences an arbitration or other action against the other party to enforce any of the terms herein or because of the breach by such other party of any of the terms herein, the prevailing party shall be entitled, in addition to any other relief granted, to all costs and expenses incurred by such prevailing party in connection with such action, including, without limitation, all reasonable attorneys' fees, and a right to such costs and expenses shall be deemed to have accrued upon the commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

NO THIRD-PARTY BENEFICIARIES

None of the provisions of this Agreement shall be for the benefit of, or enforceable by, any third-party beneficiary.