Credit Application

Terms and Conditions of Sale

PRICES: Payment is due 30 days following the date of the invoice. Late payments are subject to interest at the rate of 1.5% per month until paid in full, with a minimum late charge of $7.50. All invoices that age over 90 days will be subject to being charged to the credit card Satellite Transportation has on file. The prices stated in Satellite’s price quotes do not include any sales, use, gross income, occupational or similar taxes unless so stated specifically; such taxes will be added to invoice prices in those instances in which the Satellite is required to collect them from Customer; provided, however, that if Satellite does not collect any such taxes and is later asked by and/or required to pay such to any taxing authority, Customer will make such payment to Satellite or, if requested by Satellite, directly to such taxing authority. At Satellite’s option, prices may be increased to reflect any increase in the costs of Satellite resulting from state, federal, or local legislation. At Satellite’s option, the prices may be increased or decreased to reflect any change in the rate charge or classification of any carrier.

FORCE MAJEURE. The obligation of Satellite to perform services, and the obligation of Customer to accept services, shall be suspended by fire, accidents, acts of God, war or acts of war, strikes, lock-outs, slowdowns, picketing or other labor controversies, sabotage, riots, civil commotions, default or failure of carriers, shortage of labor, inability to obtain materials from regular sources, action or request of any government or governmental authority, or any other happening or contingency beyond the control, and without the fault, of the parties hereto whether or not of a kind hereinbefore specified, to the extent that such happening or contingency limits or prevents the performance of any services by the Satellite or the purchase thereof by the Customer. Notwithstanding the foregoing, the Customer shall not be excused from accepting and paying for services which are completed or in process at the time. The party affected shall promptly notify the other party of the happening of any contingency and of the contemplated effect thereof. Upon the elimination or cessation of any such happening or contingency the obligation of Satellite to perform services and the obligation of Customer to purchase services shall be reinstated. Services omitted during the period of any such suspension or reduction shall be eliminated from this agreement without liability to either party.

REVOCATION OF CREDIT. If Satellite shall at any time doubt the Customer’s financial responsibility, Satellite may decline to provide services hereunder except upon receipt of a cash payment in advance or security satisfactory to Satellite in advance. If Customer fails in any way to fulfill the terms and conditions of this agreement, Satellite may withhold further services until the default is corrected and may, at the option of Satellite, treat such default as a refusal by Customer to accept further services hereunder.

ATTORNEY FEES AND COLLECTION EXPENSES. If suit, action, or arbitration is instituted in connection with any controversy arising out of any transaction between Customer and Satellite the prevailing party in such suit, action, or arbitration shall be entitled to recover from and against the losing party, in addition to costs, such sum as the court or arbitrator may adjudge reasonable as attorney fees, including attorney fees on appeal. Whether or no suit or arbitration is instituted, Customer shall be responsible for all expenses incurred by Satellite, including attorney fees, in collecting past due amounts owed by Customer hereunder. The laws of the State of Oregon, but not its laws regarding conflicts of law, shall apply to any controversy arising out of this sale. Jurisdiction and venue from any suit or action arising out of this transaction shall be in Deschutes County Circuit Court, Bend, Oregon.

GOVERNING LAW. The laws of the State of Oregon, but not its laws regarding conflicts of law, shall apply to any controversy arising out of any transaction between Customer and Satellite. Jurisdiction and venue for any suit or action arising out of this sale shall be in Deschutes County Circuit Court, Bend, Oregon.

If any provision of this Agreement is held to be ineffective, unenforceable or illegal for nay reason, such decision will not affect the validity or enforceability of any or all of the remaining portions thereof.