1. TERMS OF AGREEMENT -- The Agreement between Customer and Smooth Landings comprise these terms and any specifications, drawings, samples, or other written terms which are specifically incorporated in the Agreement. Any purchase order, acknowledgment ticket, invoice, email, text, supplemental agreement, or other instrument of Customer, or acceptance of the goods and services by Customer, shall be construed as an acceptance of this Agreement. Any attempt by Customer to insert or include any different or additional terms not in agreement with this Agreement shall be void. If conflict occurs between this Agreement and other provisions incorporated in writing in the Agreement by Smooth Landings, this Agreement shall prevail. The Agreement shall not be changed or altered by any subsequent course of performance between Customer and Smooth Landings, and this Agreement shall be an express waiver and variance from, amendment to, or change to, any agreement submitted by Customer to Smooth Landings.


2. PAYMENT -- Payment on all orders is due within thirty (30) days upon Customer's receipt of invoice. Interest at eighteen percent (18%) per annum will be charged on all past due balances after 30 days. Customer shall be liable for all costs and expenses, including attorney's fees and related costs, incurred by Smooth Landings to collect any past due balance.


3. QUOTATIONS -- All quotations and estimates made by Smooth Landings are made for prompt acceptance and any term quoted is subject to change without notice, unless specifically stated otherwise in the quotation. Prices quoted by Smooth Landings and accepted by Customer are subject to escalation as specified in Smooth Landing's quotation. All prices are exclusive of any federal, state, or special taxes imposed on the sale or use of goods and services sold. Customer shall be solely responsible for payment of all applicable sales and use taxes.


4. CANCELLATION -- Purchase orders once placed can be canceled only with Smooth Landings' written consent, and then only without loss to Smooth Landings, including compensation to Smooth Landings for all completed work, work in progress, and work-related special materials, fabrication, assembly, engineering, general, and administrative expenses, subcontractor cancellation charges, and normal profits. No products may be returned for credit or change without express written permission from Smooth Landings.


5. Changes - Smooth Landings reserves the right to change or change the design and construction of any products or the procedures and methods for its services incurring no duty to provide or install such changes or changes on products previously or sold or to use such procedures or methods regarding services previously or subsequently provided.


6. MANUFACTURER WARRANTY -- Any applicable manufacturers' warranties, if any, shall pass through to Customer to the extent allowed by law, and Smooth Landings shall use reasonable efforts to help Customer in contacting the manufacturer to assert warranty claims.


7. TIME OF PERFORMANCE -- Promises of delivery of products or performance of services are given as accurately as conditions permit and every effort will be made to make deliveries and perform services as scheduled. Smooth Landings assumes no liability for damages arising out of failure to perform services as scheduled. If Customer requires additional work, inspection, or testing, it shall be charged to the Customer's account and will be considered as extending the performance dates accordingly.


8. FAILURE TO DELIVER - Smooth Landings shall not be liable for failure or delay in the delivery of goods and/or services or products due to acts of God, war, civil commotion, labor disputes, and strikes, including those involving employees and agents of Smooth Landings, fire, flood or other casualty, governmental action, priorities or regulations, lack of ability to obtain satisfactory raw materials, parts, supplies, fuel, power or transportation, breakdown of equipment, supplier or sub-contractor delay or any other events or causes beyond Smooth Landings' control whether foreseeable or of similar or dissimilar nature than those listed, Smooth Landings shall have such additional time within which to perform as may be reasonably necessary under the circumstances and may apportion its delivery of goods and services among its customers in such manner as it may consider equitable.


9. TRANSPORTATION COSTS -- Customer shall pay all transportation and related charges for delivery of Customer product(s) to and from Smooth Landings, based on point of shipment or manufacture, insurance charges, and charges for stampings, bills of lading, or other documents, unless otherwise specified in Smooth Landings' invoice.


10. RISK OF LOSS -- Unless otherwise agreed by Smooth Landings in writing, title and risk of loss, injury, or destruction shall pass to Customer at the point of origin. Any such loss, injury, or destruction shall not release Customer from its obligations to pay Smooth Landings under the Agreement


11. CUSTOMER INDEMNIFICATION OF SMOOTH LANDINGS -- Customer agrees to indemnify, defend, and hold Smooth Landings harmless against all claims, demands, actions whether civil or administrative, liabilities, fines, penalties, and expense, including all attorney's fees and costs, whether based on warranty, contract, negligence, strict liability, or otherwise arising from or related to the Work


12. NONCONFORMING GOODS, SERVICES, AND/OR DISPUTED INVOICES -- Customer shall tell Smooth Landings in writing of any alleged nonconformity of goods, services, and/or disputed invoices tendered by Smooth Landings under this Agreement within ten (10) days after receipt of the goods, services, and/or invoices. Such written notice shall provide a detailed explanation and description of the alleged nonconformity and/or dispute. If Smooth Landings agrees with Customer's claim of nonconformity in goods and/or services, Smooth Landings shall have the right, at its sole and exclusive option, to cure the improper tender or delivery by correcting the tender or substituting tender of conforming goods and/or services within a reasonable time after receipt of Customer's notice of nonconformity. Customer shall grant Smooth Landings' reasonable requests for an extension of time to cure any improper tender. Smooth Landings and Customer will cooperate in good faith to resolve any disputes like these regarding invoices within ten (10) days after the dispute is submitted to Smooth Landings. If this resolution of the dispute favors Customer, Smooth Landings shall credit Customer for the disputed amount. If such resolution favors Smooth Landings, payment shall be due within ten (10) business days after Customer is notified of this resolution. Customer's failure to provide notice of nonconformity as above described shall be prima facie evidence of conformity of the goods, services, and invoices tendered by Smooth Landings under the Agreement.


13. CUSTOMER'S DUTY TO PRESERVE NONCONFORMING GOODS -- Customer shall protect and preserve all allegedly nonconforming goods and shall strictly follow the reasonable instructions of Smooth Landings for their return. Customer shall incur only those expenses that are reasonable and necessary in fulfilling its duty to protect and preserve all allegedly nonconforming goods.


14. LIMITATION OF LIABILITY -- IN NO EVENT WILL SMOOTH LANDINGS OR ITS OWNERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO CUSTOMER OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS FROM CUSTOMER'S USE OF THE SERVICES, INCLUDING FROM ANY INTERRUPTION OF SERVICES, EVEN IF SMOOTH LANDINGS IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGARDLESS, SMOOTH LANDINGS LIABILITY TO CUSTOMER OR ANY PARTY CLAIMING THROUGH CUSTOMER FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE FEES CUSTOMER PAID TO SMOOTH LANDINGS FOR THE GOODS AND SERVICES PROVIDED UNDER THIS AGREEMENT.


15. RELATIONSHIP OF PARTIES -Smooth Landings is an independent contractors and nothing in this Agreement places Smooth Landings and Customer in the relationship of principal and agent, partners, or joint ventures. Neither party has, expressly or by implication, or may represent itself as having any authority to make contracts or enter into any agreements in the name of the other party, or to bind the other party.


16. ASSIGNMENT - This Agreement may not be assigned or transferred by Customer, whether by law or otherwise without the prior written consent of Smooth Landings. Smooth Landings may assign this Agreement and Smooth Landings rights and obligations, and Smooth Landings may engage subcontractors or agents in performing its duties and exercising its rights, without Customer's consent. This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns


17. DISCLAIMER -- THE GOODS AND SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE BASIS." EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, SMOOTH LANDINGS AND ITS AFFILIATES, EMPLOYEES, AND SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE GOODS AND SERVICES PROVIDED UNDER THIS AGREEMENT. THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT


18. ARBITRATION/VENUE/GOVERNING LAW: SMOOTH LANDINGS AND CUSTOMER AGREE THAT ALL DISPUTES, CONTROVERSIES, OR CLAIMS RELATING TO THE AGREEMENT AND/OR SMOOTH LANDINGS' WORK RENDERED TO, OR EXPENSES INCURRED FOR CUSTOMER, INCLUDING BUT NOT LIMITED TO THE VALIDITY AND ENFORCEABILITY OF THIS AGREEMENT, AND ANY ISSUE RELATING TO THE ARBITRABILITY OF THIS AGREEMENT, OR ANY OTHER ISSUE OR MATTER, SHALL BE PROMPTLY RESOLVED EXCLUSIVELY BY BINDING ARBITRATION, UNDER THE COMMERCIAL RULES OF THE AMERICAN ARBITRATION ASSOCIATION, BY A SINGLE, LICENSED ATTORNEY ARBITRATOR, APPOINTED IN ACCORDANCE WITH THOSE RULES AT, AND IN CANADIAN COUNTY, OKLAHOMA, AND WHICH ALL COSTS, EXPENSES, AND FEES OF SAME, INCLUDING BUT NOT LIMITED TO ALL ATTORNEY FEES AND STATUTORY COSTS AND NON-STATUTORY COSTS AND EXPENSES, SHALL BE BORNE BY THE NON-PREVAILING PARTY. THE LAWS OF THE STATE OF OKLAHOMA SHALL GOVERN THE VALIDITY, CONSTRUCTION, ENFORCEMENT, AND INTERPRETATION OF THIS AGREEMENT WITHOUT REGARD TO CONFLICTS OF LAWS. THIS SECTION SHALL NOT PRECLUDE SMOOTH LANDINGS FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM THE DISTRICT COURT OF CANADIAN COUNTY, OKLAHOMA, WHICH SHALL HAVE JURISDICTION AND VENUE OVER SMOOTH LANDINGS AND CUSTOMER UNDER THIS AGREEMENT. THIS AGREEMENT CONTAINS THE ENTIRE AGREEMENT BETWEEN SMOOTH LANDINGS AND CUSTOMER REGARDING THE MATTERS DESCRIBED, AND THE SERVICES CHARGED, AND EXPENSES TO BE PAID, AND SUPERSEDES ALL PRIOR ORAL OR WRITTEN STATEMENTS.


19. SEVERABILITY -- If any provision is considered illegal, unenforceable, or unconscionable, the rest of the Agreement shall not be affected.


20. WAIVER -- Any waiver of any right or provision of this Agreement by Smooth Landings shall not be construed as a waiver or bar of any such right or provision at any future time, unless expressly stated by Smooth Landings in writing.


21. SIGNATURES -- The parties to this Agreement agree to accept each other's electronic and telefax signatures, where required, as if they were originals.

This website's Terms is accepted by your accessing and use of this website (the "Agreement"). PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THIS WEBSITE. If you do not agree to these terms, you may NOT use this Site. Smooth Landings, LLC reserves the right to change the Terms and Conditions of the Agreement at any time. Each use of this Site is acceptance of this Agreement, as amended. Smooth Landings, LLC reserves the right to change this Site and/or Agreement at any time and without notice

As a condition of your use of this Site you guarantee that you will not use this Site for any unlawful purpose or for any purpose that is prohibited by this Agreement. Specifically, you may not republish, retransmit, redistribute, or otherwise make this Site available to any other party or make the same available on any web site, on-line service, or bulletin board of your own or any other party or make the same available in hard copy or on any other media without Smooth Landings, LLC's express prior written consent.

This Website may have links to other Sites (the "Link(s)"). The Linked Sites are not under control of Smooth Landings, LLC and Smooth Landings, LLC is not responsible for the contents of any Linked Site. These Links are for your convenience and you access them at your own risk. Smooth Landings, LLC does not through these Links endorse, sponsor, affiliate, or associate any of these Linked Sites. Smooth Landings, LLC reserves the right to rescind permission to Link to this Site, and to require termination of any Link for any reason in their sole and absolute discretion.

All Intellectual Property Rights, including but not limited to: text, design, graphics, interfaces, and code belong exclusively to Smooth Landings, LLC and all rights are reserved. Other product and company names mentioned on this Site may be the trademarks and/or property of their respective owners.

This Site and the materials, information, services, and products in this Site including but not limited to: text, graphics, and links are provided "as is" and without warranties of any kind either express or implied. Smooth Landings, LLC disclaims all: warranties of merchantability or fitness for a particular purpose, warranties against infringement of any third party intellectual property or proprietary rights, warranties relating to errors, omissions, or correctness of data on the Site, and warranties that the Site is free of viruses or other harmful components. In no event will Smooth Landings, LLC, its partners, affiliates, or any party involved in creating, producing or delivering this Site or any linked site, be liable for any damages including but not limited to: special damages, indirect damages, or consequential damages from your access or use of this Site or the possibility of damages in an action under contract, negligence, tort, strict liability, or any other theory. Furthermore, you agree to indemnify, defend and hold harmless Smooth Landings, LLC, its partners, subsidiaries, officers, directors, employees, agents, licensors and suppliers from and against all liabilities, claims, and expenses, including reasonable attorney's fees, resulting from any violation of these terms and conditions or any activity related to the Site.

Unless otherwise specified in writing, this Agreement contains the entire agreement and understanding by and between you and Smooth Landings, LLC with respect to the matters contemplated by this Agreement, and no representations, promises, agreements, or understandings, written or oral, not in this Agreement, shall be of any force or effect. No change or modification shall be valid or binding unless the same is in writing signed by Smooth Landings, LLC. No valid waiver of any provision of this Agreement at any time shall be a waiver of any other provision of this Agreement at such time, or will be deemed a valid waiver of such provision at any other time. If any part of this Agreement is found to be unlawful, void, or unenforceable, that part will be deemed severable and the remaining portions shall remain in full force and effect.

You and Smooth Landings, LLC agree that all disputes, controversies, or claims regarding this Agreement are to be resolved exclusively by binding arbitration, under the commercial rules of the American Arbitration Association, by a single arbitrator, appointed in accordance with those rules at and in Oklahoma County, Oklahoma, and which all costs of same shall be borne by the non-prevailing party. The laws of the State of Oklahoma shall govern the validity, construction, enforcement, and interpretation of this Agreement, without regard to conflicts of laws..