By submitting an order for any product sold by Dux Inflatable Boats Of California, Inc. ("Dux Inflatable Boats Of California, Inc."), you ("Customer") agree to be bound by the terms and conditions listed below. You and Dux Inflatable Boats Of California, Inc agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and Dux Inflatable Boats Of California, Inc. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from Dux Inflatable Boats Of California, Inc.
 
 1. LIMITATION OF LIABILITY
 IN ALL CIRCUMSTANCES DUX INFLATABLE BOATS OF CALIFORNIA, INC.'S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. DUX INFLATABLE BOATS OF CALIFORNIA, INC SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. DUX INFLATABLE BOATS OF CALIFORNIA, INC SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT DUX INFLATABLE BOATS AND PRODUCTS, LLC HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.  DUX RESERVES THE RIGHT TO CHANGE THE PRICE AND OR MATERIALS USED TO BUILD THE BOAT TO KEEP THE BOAT ON THE CUTTING EDGE.
 
 2. CANCELLATIONS AND REFUNDS
 DUX INFLATABLE BOATS OF CALIFORNIA, INC. HAS AN "ALL SALES ARE FINAL" SALES POLICY. THIS MEANS THAT WE ("Dux Inflatable Boats Of California, Inc ") DO NOT ALLOW CANCELLATIONS AND/OR REFUNDS AFTER AN ORDER HAS BEEN PROCESSED. AFTER AN ORDER IS PROCESSED THE SALE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE ORDER.
 
 3. CUSTOM ORDERS
 All custom ordered boats or inflatable projects of any type are to be prepaid. Dux Inflatable Boats Of California, Inc. will build to Customer's specifications and advise of any problems prior to building. A quote of the expected costs will be given and billed prior to build of the project. An expense statement will be issued upon completion of the project with any changes from the original quote highlighted.
 
 All service, development, design, research, travel time, and testing will be billed at the rate of $225.00 per man-hour.
 
 At no time will Dux Inflatable Boats Of California, Inc. charge Customer more than was previously quoted without Customer's written permission. Any form of payment received by Dux Inflatable Boats Of California, Inc. from Customer will be considered binding and the same as written permission. As Dux Inflatable Boats Of California, Inc. cannot know the results of tests before performing them, the outcome of testing procedures for any custom work may change pricing and additional money may be needed to complete the project. Dux Inflatable Boats Of California, Inc will provide an estimate for approval in the event of any price modifications.
 
 Dux Inflatable Boats Of California, Inc reserves the right to cancel any project(s) at anytime.
 
 4. GENERAL TERMS AND CONDITIONS
 Payment Terms; Orders: An order is not binding upon Dux Inflatable Boats of California, Inc., until it is accepted; Dux Inflatable Boats Of California, Inc. must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment. Customer can make payment by credit card, or some other method prearranged with Dux Inflatable Boats Of California, Inc. You agree to pay the amount(s) due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
 
 Shipping Charges
 All products shipped by Dux Inflatable Boats Of California, Inc. are shipped F.O.B unless otherwise noted on invoice. Customer is responsible for all shipping costs unless otherwise noted on invoice.
 
 Title; Risk of Loss
 Dux Inflatable Boats Of California, Inc. will arrange for shipment of ordered product(s) to the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s) and risk of loss passes to the Customer upon delivery to the carrier. Dux Boats, In reserves a purchase money security interest in the product(s) until its receipt of the full amount due. Customer agrees to allow Dux Inflatable Boats Of California, Inc. to sign appropriate documents on Customer's behalf to permit Dux Inflatable Boats Of California, Inc. to protect its purchase money security interest. Dux Inflatable Boats Of California, Inc. will advise Customer of estimated shipping dates, but Dux Inflatable Boats Of California, Inc will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.
 
 Governing Law and Jurisdiction
 Any dispute arising out of or related to these Terms and Conditions or the sales transaction between Dux Inflatable Boats Of California, Inc. and Customer shall be governed by the laws of the State of Michigan, without regard to its conflicts of law rules. Specifically, the United Nations Convention on the International Sale of Goods shall not govern the validity, interpretation, and performance of this agreement. Dux Inflatable Boats Of California, Inc. and Customer consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the State of Michigan, Shiawassee County, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against Dux Inflatable Boats Of California, Inc. that is more than one year after the date of the applicable invoice.
 
 Severability
 If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Michigan law.
 
 Waiver
 The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
 
 Entire Agreement
 These terms and conditions, together with Dux Inflatable Boats Of California, Inc.'s invoice regarding the products ordered by Customer, are the complete and exclusive agreement between Dux Inflatable Boats of California, Inc. and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Dux Inflatable Boats Of California, Inc. and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.