1. Accounts

When you open an account with Avalon — whether through the Website, a credit application, an AMA, or any other onboarding process — we ask that you provide accurate, complete, and current information. Keeping your account information up to date helps us serve you better and ensures that important communications reach the right people. Please notify us at info@avalontest.com immediately if you become aware of any unauthorized use of your account. Avalon may suspend or close accounts, or cancel orders, in cases of non-payment, violation of these Terms, or other circumstances that warrant such action.

2. Transactions, Cancellations & Payment Terms

To process a transaction, you may be asked to provide payment information including, as applicable: credit card number, expiration date, billing address, and shipping address; or banking information such as account number and routing number for ACH or wire transfer transactions. Avalon takes the security of your payment information seriously. All payments are processed securely through Avalon directly or through trusted, industry-standard third-party payment processors that comply with applicable Payment Card Industry Data Security Standards (PCI DSS). We partner only with reputable processors and maintain oversight of their data security practices. You represent and warrant that: (i) you have the legal right to use the payment method provided; (ii) the information you supply is true, correct, and complete; and (iii) any Order submitted to Avalon constitutes your acceptance of these Terms.

2.1 Payment Terms & Methods

Standard Payment — Pre-Payment. To ensure prompt order processing and equipment availability, Avalon's standard payment terms require payment prior to shipment or commencement of services. Accepted payment methods include credit card, wire transfer, ACH transfer, and EFT.

Net 30 Terms — AMA Customers. For customers seeking extended payment terms, Avalon offers Net 30-day billing through a straightforward credit approval process. Net 30 terms are available to customers who have executed an AMA and received written approval from Avalon's credit department. Please contact your Account Executive to get started. Avalon may revoke Net 30 terms upon reasonable written notice to Customer, except in cases of payment default where revocation is effective immediately upon notice.

2.1(a) Credit Card Fee

A 3.3% fee applies to all credit card transactions. Customer's submission of payment constitutes acceptance of the applicable fee.

2.1(b) Late Fees & NSF

We understand that payment delays happen. Where invoices remain unpaid past the applicable due date, a late charge of 1.5% per month (18% per annum), or the maximum rate permitted by law, will accrue from the due date until paid. Avalon may place accounts on credit hold or suspend services for unpaid balances. A $50.00 fee applies to any declined or returned payment.

2.2 Cancellation

Orders may be cancelled prior to shipment by contacting your Account Executive or Avalon's customer service team. We will make every reasonable effort to accommodate cancellation requests and will communicate any applicable fees transparently before processing a cancellation.

2.2(a) Cancellation Fee

When an order is cancelled after confirmation, Avalon may have already incurred costs including restocking, handling, freight, or non-recoverable costs on special-order equipment. Any cancellation fee assessed reflects Avalon's documented actual costs and losses — it is not a penalty. Avalon will provide a written breakdown of any cancellation fee upon request. For standard stock equipment, fees will generally not exceed 25% of the quoted order value. For special-order or custom-configured equipment that cannot be restocked or resold, fees may equal the full order value.

2.3 Refunds

Refund requests may be submitted within 14 days of purchase. Avalon reviews each request on its merits and will determine, in its discretion, whether a refund or account credit is the most appropriate resolution. We aim to handle all refund inquiries promptly and fairly.

2.3(a) Credit & Overpayment Policy

When Avalon identifies an overpayment or duplicate payment on your account, we will issue a credit and notify you promptly with a single written notice identifying the credit amount, the date of issuance, and the date by which the credit should be applied to avoid an administrative fee. To request that a credit be applied to a future invoice or reviewed for a potential refund, please contact accounting@avalontest.com. Avalon will review each request and determine the most appropriate disposition.

Credits that remain unused for more than twelve (12) months are subject to a 5% monthly administrative fee on the remaining balance to cover account maintenance costs. We encourage you to apply or request resolution of any outstanding credits within the twelve-month window to avoid this fee. Once applied, administrative fees are non-refundable.

2.4 Shipping Fees, Carrier Surcharges & Government Charges

Quoted shipping fees are estimates based on rates available at the time of quoting. Actual charges are determined by the carrier at the time of shipment and may vary due to dimensional weight, fuel surcharges, residential delivery fees, address correction fees, peak season surcharges, or other carrier-imposed adjustments. Any difference between the quoted and actual carrier-billed amount will be the responsibility of the Customer. Where Avalon ships equipment using an Avalon-held carrier account, all resulting charges are Customer's responsibility and will be invoiced at actual cost.

All tariffs, import/export duties, taxes, VAT/GST, customs brokerage fees, and other governmental charges are excluded from quoted prices. If new or increased governmental charges are enacted after a quote or order confirmation, Avalon may invoice Customer for such charges in addition to the original quoted price. Avalon will make reasonable efforts to notify Customers of material changes as soon as practicable.

2.5 Disputed Charges

Avalon takes billing accuracy seriously, and we want to resolve any invoice concerns quickly. If you believe an invoice contains an error, please contact accounting@avalontest.com within thirty (30) days of the invoice date. To help us investigate and resolve your concern promptly, please include the following in your notice:

• The invoice number;
• The specific dollar amount you believe is incorrect;
• A clear explanation of the basis for your concern, referencing the specific charge or line item at issue;
• Any supporting documentation you believe is relevant; and
• Your proposed resolution.

Providing complete information helps us resolve your concern as efficiently as possible. Disputes submitted without this information may take longer to process. Undisputed portions of any invoice remain due by the original due date. Amounts under active good-faith dispute will not accrue late fees while resolution is pending. Disputes submitted more than thirty (30) days after the invoice date may not be eligible for adjustment.

2.6 No Customer Right of Setoff

To maintain clear and predictable accounting for both parties, all amounts due to Avalon are payable in full without withholding, deduction, or offset against any other obligation or claim.

2.7 Fraudulent Transactions

Avalon may refuse or cancel any order where fraud or unauthorized activity is suspected. In such circumstances, Avalon may report relevant information to law enforcement as appropriate. This policy protects all of our customers and the integrity of our transactions.

2.8 Avalon Proforma Invoices

Avalon may issue proforma invoices to Customers for purposes such as advance payment processing, customs and import documentation, or pre-shipment funding. A proforma invoice reflects Avalon's best estimate of the charges associated with a pending transaction and is issued in good faith based on information available at the time.

A proforma invoice is not a final invoice and does not constitute a demand for immediate payment unless expressly stated as such. Final invoicing will follow upon shipment, completion of services, or as otherwise specified in the applicable Order.

Any discrepancy between a proforma invoice and the final invoice will be reflected in the final invoice, which governs the actual amount owed. All transactions remain subject to Avalon's standard Terms and Conditions regardless of the issuance of a proforma invoice.

3. Availability, Errors, and Inaccuracies

We make every effort to ensure that pricing, product descriptions, and availability information are accurate across all of our channels. Where errors occur, Avalon may correct pricing or descriptions at any time prior to order confirmation and will communicate any corrections to affected customers promptly. If you notice an error on our Website or in a quote, please let us know at info@avalontest.com or (760) 536-0191.

4. Links to Third-Party Sites

The Website may contain links to third-party websites for your convenience and reference. Avalon does not control those sites and is not responsible for their content or privacy practices. Inclusion of a link does not imply endorsement. We encourage you to review the terms and privacy policies of any third-party site you visit.

5. Intellectual Property

All content on this Website — including logos, designs, text, graphics, photographs, images, video, data, software, and other materials (collectively, "Content") — is the proprietary property of Avalon Equipment Corporation, ©2020 Avalon Equipment Corporation, all rights reserved. Where visual content is used on the Website or in Avalon's marketing materials, Avalon uses its own original photography and, where authorized by the original owner, manufacturer-provided images or other third-party imagery for purposes of accurate equipment representation. All such content remains subject to the intellectual property rights of the respective owner. Reproduction, distribution, or use of any Content beyond what is expressly authorized by the applicable owner is not permitted. If you believe intellectual property rights have been infringed, please contact us at info@avalontest.com.

5.1 DMCA Notice and Procedure for Copyright Infringement Claims

If you believe copyrighted work has been infringed on our Website, please submit your claim to info@avalontest.com with the subject line "Copyright Infringement." Our copyright agent is the Avalon Webmaster at info@avalontest.com, (760) 536-0191, 3194 Lionshead Ave, Carlsbad, CA 92010.

6. Damages

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AVALON EQUIPMENT CORPORATION'S LIABILITY FOR ANY CLAIM ARISING OUT OF OR CONNECTED WITH ANY TRANSACTION OR SERVICE GOVERNED BY THESE TERMS IS LIMITED TO THE TOTAL AMOUNT PAID BY CUSTOMER TO AVALON FOR THE SPECIFIC EQUIPMENT OR SERVICES GIVING RISE TO THE CLAIM. AVALON IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS OR REVENUE, LOSS OF USE OF PROPERTY, BUSINESS INTERRUPTION, LOSS OF STORED DATA, DOWNTIME COSTS, COSTS OF SUBSTITUTE SERVICE, OR SIMILAR CLAIMS, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR AVALON WAS ADVISED OF THEIR POSSIBILITY. THIS LIMITATION REFLECTS THE AGREED-UPON ALLOCATION OF RISK BETWEEN THE PARTIES.

7. Governing Law, Severability, Dispute Resolution, and Venue

These Terms are governed by the laws of the State of California, and any disputes will be resolved in a court of competent jurisdiction in California. The parties consent to personal jurisdiction and venue in such courts. These Terms, together with any applicable Orders and, where executed, the AMA, represent the complete agreement between the parties and supersede all prior oral or written agreements on the same subject matter. If any provision is found to be invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force.

7.1 Notices

Notices under these Terms are effective when: (a) sent by email to Customer's last known email address on file with Avalon; or (b) sent by first-class or certified mail to Customer's company registered address or last known business address on file with Avalon. Please keep your contact information current with your Account Executive to ensure you receive all important communications. Notices to Avalon may be sent to: Avalon Equipment Corporation, 3194 Lionshead Ave, Carlsbad, CA 92010, sales@avalontest.com.

8. Changes

Avalon may update these Terms from time to time to reflect changes in our services, legal requirements, or business practices. Updated Terms will be published at www.avalontest.com/terms-conditions, and the Terms in effect at the time of each Order will govern that Order. We encourage you to review the current Terms periodically. Continued use of Avalon's services after updated Terms have been published constitutes acceptance of the revised Terms.

8A. Confidentiality & Data Security

Avalon treats the information you share with us as confidential. All non-public information provided by Customer in connection with any transaction or service — including equipment lists, asset information, test data, and business operations — will not be disclosed to third parties except: (a) as required by applicable law, regulation, or court order; (b) to Avalon's employees, subcontractors, and partners to the extent necessary to perform services; or (c) with your prior written consent. Where Avalon is required by law to disclose Customer information, we will provide reasonable advance notice where permitted to allow you to seek appropriate relief. Avalon provides customers with a Release of Confidentiality form for situations where legal disclosure is compelled. All subcontractors and partners with access to your information are subject to confidentiality obligations consistent with this section.

Data Security. Avalon maintains internal data security policies and practices consistent with applicable industry standards to protect Customer information from unauthorized access, use, or disclosure. In the event Avalon becomes aware of any unauthorized access to or disclosure of Customer's confidential information, Avalon will notify the affected Customer within a reasonable time of discovery and will take prompt steps to investigate and remediate the issue. Avalon's data security practices extend to all digital records, equipment data, and communications handled in connection with Customer transactions and service engagements.

9. Electronic Signatures & Communications Consent

Avalon operates in a digital-first environment to serve you faster and more efficiently. Pursuant to the federal E-SIGN Act and California's UETA (Cal. Civ. Code §1633.1 et seq.): electronic signatures are as valid and binding as handwritten signatures; email confirmations of quotes, estimates, purchase orders, or service authorizations constitute binding acceptance as of the date and time sent; Avalon may maintain electronic records that are as admissible as paper originals; and by providing your email address or phone number, you consent to receive transactional communications from Avalon electronically.

10. Force Majeure

Certain events are beyond anyone's control. Avalon will not be held liable for delays or failures to perform caused by circumstances outside our reasonable control, including acts of God, natural disasters, pandemics or public health emergencies, acts of war or terrorism, government actions, labor disputes, supply chain disruptions, utility failures, or cyberattacks (each, a "Force Majeure Event"). When a Force Majeure Event occurs, Avalon will notify you as soon as practicable, communicate a timeline for resumption where possible, and make every commercially reasonable effort to restore service. Customer's payment obligations for services already performed, equipment already shipped, and charges already incurred are not affected by a Force Majeure Event. If a Force Majeure Event prevents Avalon from performing for more than sixty (60) consecutive days, either party may terminate the affected Order without further liability, except for amounts owed for work completed prior to termination.

11. Indemnification

Customer agrees to defend, indemnify, and hold harmless Avalon Equipment Corporation, its officers, directors, employees, agents, subcontractors, successors, and assigns from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) misuse or improper handling of any equipment; (b) Customer's breach of these Terms; (c) any third-party claim arising from Customer's possession or use of equipment; (d) Customer's violation of any applicable law or regulation; (e) bodily injury or property damage caused by Customer or Customer's agents; (f) failure to disclose dangerous goods or unsafe equipment prior to shipment to Avalon; or (g) infringement arising from Customer's use of equipment in combination with products or processes not provided by Avalon. This indemnification does not apply to claims arising solely from Avalon's own gross negligence or willful misconduct. Avalon may assume defense and control of any indemnified matter; Customer will cooperate with that defense and will not settle any such claim without Avalon's prior written consent.

12. Export Compliance

Avalon's equipment and technology are subject to U.S. export control laws and regulations. Customer may not transfer, export, re-export, or dispose of any equipment, software, technical data, or documentation provided by Avalon in any manner that would violate applicable U.S. export control laws, including the EAR and ITAR. Equipment may not be exported to countries subject to U.S., EU, or UK sanctions programs, or to entities on the U.S. government's restricted party lists. Customer is responsible for determining whether any shipment requires a government export license. Equipment may not be used for the planning, construction, maintenance, or direct operation of a nuclear facility. Violation of this section constitutes a material breach of these Terms.

13. Termination for Cause

Avalon values every customer relationship and views termination as a last resort. Where issues arise, we will always attempt to resolve them through direct communication first. In circumstances where resolution is not possible, Avalon may terminate any Order or service contract if Customer: (a) fails to pay any amount when due and does not cure that failure within five (5) business days of receiving written notice — the parties agree this five-day window applies to non-payment and is not subject to any longer cure period even where an AMA exists; (b) fails to cure any other material breach within thirty (30) days of written notice; (c) becomes insolvent, makes a general assignment for creditors, or files for bankruptcy or receivership; (d) ceases to do business in the ordinary course; or (e) violates applicable export control or sanctions law. Upon termination, all outstanding balances become immediately due. Customer shall promptly return all rental equipment freight prepaid per Section 15.8. Termination does not relieve Customer of obligations accrued prior to the termination date.

14. Privacy & Cookie Policy

Avalon is committed to protecting your privacy. The collection, use, storage, and disclosure of personal information by Avalon is governed by Avalon's Privacy Policy, available at avalontest.com/privacy-policy, which is incorporated into these Terms by reference. Questions about our data practices are always welcome at info@avalontest.com or 3194 Lionshead Ave, Carlsbad, CA 92010.

15. Rental Terms and Conditions

Avalon's rental program is designed to give you access to the test equipment you need, when you need it, with flexible terms and full technical support. The following terms apply to all equipment rentals. Any additional or different terms proposed by Customer will not be binding upon Avalon unless agreed to in writing by an authorized Avalon representative to review rent-to-own or finance options.

15.1 Nature of Transaction

Rental transactions provide Customer with temporary use of equipment — title remains with Avalon at all times. Customer agrees to execute any documents Avalon reasonably requests to protect Avalon's ownership interest, including U.C.C. filings. Any ownership labels supplied by Avalon should be affixed prominently to the equipment and kept in place for the duration of the rental.

15.2 Purchase Order Requirements

A valid purchase order or written authorization from an authorized Customer representative is required before rental equipment is released. This helps ensure every shipment is properly authorized and tracked on both sides. Any PO terms that conflict with these Rental Terms are superseded by these Terms unless Avalon has expressly agreed otherwise in writing.

For Customers whose organizations do not issue purchase orders, or who wish to waive the PO requirement for a specific transaction, Avalon will accept a signed and accepted quote as the authorizing document in place of a PO. Please contact your Account Executive to confirm this arrangement before your order is processed. By signing or accepting a quote, Customer acknowledges that the quote constitutes a binding authorization equivalent to a purchase order for purposes of that transaction.

15.3 Payment Terms

To ensure prompt processing and equipment availability, rental orders are due and payable prior to shipment unless Customer has established Net 30 terms. Net 30-day payment terms are available to customers who have executed an AMA and received written credit approval from Avalon's credit department. Please speak with your Account Executive about setting up Net 30 terms. See Section 2.1 for complete payment terms, surcharges, late fees, and NSF fees.

15.3(a) Auto-Renewal Disclosure

AUTOMATIC RENEWAL NOTICE — PLEASE READ CAREFULLY

To avoid any interruption in your access to equipment, rental agreements automatically renew on a month-to-month basis at Avalon's then-current daily rate in effect at the time of each renewal period, which may differ from the rate quoted on the original Order, if equipment is not returned by the end of the initial rental period. Rent continues to accrue daily until Avalon confirms receipt of returned equipment. Each rental invoice serves as notice of the ongoing rental term and its automatic renewal. Your Account Executive is always available to discuss your rental term, coordinate a return, or help you transition to a new rental period — please do not hesitate to reach out. To cancel, provide written notice to your Avalon Account Executive and to accounting@avalontest.com before the end of the rental period. Cancellation takes effect upon Avalon's written confirmation of equipment return.

15.4 Deposit

A security deposit may be required for certain rental transactions based on a review of Customer's account standing and history with Avalon. Where required, the deposit amount will be specified in the applicable Order. Deposits will be applied or refunded upon return of the equipment and satisfaction of all outstanding charges owed by Customer to Avalon on any account, subject to Avalon's right to apply the deposit against any amounts owed.

15.4(a) Loaner Equipment

Avalon may, at its sole discretion, provide loaner equipment to customers pending repair, calibration, or order fulfillment. Loaner equipment remains the property of Avalon at all times.

If loaner equipment is not returned within fourteen (14) calendar days of the loaner start date, Avalon reserves the right to convert the arrangement to a month-to-month rental agreement at Avalon's then-current rental rates. Notice of conversion will be delivered via email to the Customer's designated contact on file. The Customer's continued possession of the equipment following such notice constitutes acceptance of the rental terms.

Rental charges will be invoiced monthly and are subject to Avalon's standard payment terms set forth in Section 2.1.

15.5 Shipment & FOB

All quoted prices are F.O.B. ("Free on Board") the Avalon supplying location — risk of loss passes to Customer at the time of delivery to the carrier. Equipment will not be shipped by U.S. Mail. Avalon ships per Customer's instructions; where no method is specified, Avalon will select the most appropriate option. Where Avalon ships using an Avalon-held carrier account, all resulting charges are Customer's responsibility and will be invoiced at actual cost. See Section 2.4 for all shipping and carrier surcharge terms.

15.6 Sales Tax — Customer Disclosure

If your organization is sales tax exempt, please provide a valid exemption certificate at the time of your Order so we can apply the exemption correctly. Avalon is not able to adjust or refund sales tax that has already been remitted to the applicable taxing authority. Customers who believe they qualify for an exemption but did not provide documentation in time should seek any applicable refund directly from the applicable taxing authority.

15.7 Receipt of Equipment

Equipment rented from Avalon is pre-owned (used) unless specifically stated otherwise. Please inspect your equipment upon receipt and notify Avalon in writing of any defects or discrepancies within forty-eight (48) hours of delivery. Prompt reporting helps us address any issues quickly and ensures an accurate record of equipment condition.

15.8 Use, Maintenance, and Return

Equipment should be used only as intended by the manufacturer. Avalon is responsible for all maintenance of rental equipment. At the end of the rental, please return equipment freight prepaid, insured, properly packaged, and in the same condition as received. All accessories, cables, adapters, manuals, and other items delivered with the equipment must be returned together with the equipment at the end of the rental term. If any accessories or other delivered items are not returned, Avalon will invoice Customer for the full replacement cost of each missing item at Avalon's then-current retail price for the applicable accessory, as listed in Avalon's catalog or as reasonably determined by Avalon at the time the item is declared missing. Avalon's assessment of equipment condition and completeness upon return is determinative absent manifest error. Ordinary wear and tear is expected and accepted. Avalon's ownership labels and asset tags should remain intact throughout the rental. Equipment may not be altered without Avalon's prior written consent. If equipment is not returned, Customer will be responsible for Avalon's then-current retail or advertised sales price for the equipment, as determined by Avalon at the time the equipment is declared lost or unreturned.

15.8(a) Insurance

We ask that Customers maintain adequate property and liability insurance covering the full replacement value of rental equipment throughout the rental period. Upon request, please provide evidence of coverage within five (5) business days. If adequate insurance cannot be confirmed, Avalon may obtain coverage on the equipment and charge the cost as additional rent.

15.8(b) Software License

Any software licenses included with rental equipment are granted for the rental period only. Upon expiration or termination of the rental, all software licenses terminate automatically. Please cease use of any such software, return all software media with the equipment, and destroy any copies made during the rental. Software may not be copied, transferred, or retained beyond the rental term.

15.9 Equipment Location

Equipment may only be used at the location identified in the rental agreement. Please contact your Account Executive before relocating equipment to a different facility.

15.10 No Purchase Options

Rental transactions do not include a purchase option unless one has been specifically quoted by Avalon in writing. If you are interested in purchasing equipment you are currently renting, please speak with your Account Executive.

15.11 Warranty

Avalon warrants that rental equipment will be in working order upon shipment. If equipment is found to be defective under normal use, please contact Avalon promptly and ship the defective equipment to Avalon at Customer's expense. Do not break warranty seals without Avalon's prior approval. Upon receipt, Avalon will, at its option, repair the equipment, provide a replacement, make a price adjustment, or credit your account. AVALON MAKES NO IMPLIED WARRANTY AS TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE FOR RENTAL EQUIPMENT.

15.12 Default, Costs of Enforcement & Lien Rights

If Customer fails to meet its obligations under these Terms, Avalon may declare the rental agreement in default and require immediate return of the equipment per Section 15.8. Return of equipment does not relieve Customer of any payment obligations accrued prior to return. For unpaid balances exceeding fifteen (15) days past due, Avalon may suspend services, recall equipment, or place a credit hold on the account while we work toward resolution. See Section 2.1(b) for applicable late fees and NSF fees. If formal recovery is required, Customer agrees to reimburse Avalon for all reasonable costs and attorneys' fees incurred in recovering equipment or amounts owed, whether or not legal action is instituted.

Avalon asserts and reserves all possessory lien rights available under applicable California law with respect to any Customer equipment in Avalon's possession. This lien secures all amounts due, including rent, fees, late charges, and repair costs. Avalon may retain equipment until all outstanding balances are paid. Where non-payment continues, Avalon may enforce its lien through the procedures prescribed by applicable California law, including commercially reasonable notice and sale requirements. Customer is responsible for all reasonable costs of enforcement to the extent permitted by law.

15.12(a) Avalon Right of Setoff / No Customer Setoff

See Section 2.6. Avalon is also authorized to apply any amounts it owes to Customer against any obligation Customer owes to Avalon, without prior notice.

15.13 General Provisions

Customer may not assign or transfer rental rights without Avalon's prior written consent. No U.S. government procurement regulation applies unless specifically agreed to in writing. The laws of the State of California govern this agreement.

15.14 Disputed Charges

Please refer to Section 2.5 for Avalon's billing dispute process, which applies to all rental invoices. Submit disputes to accounting@avalontest.com. Undisputed portions of any invoice remain due by the original due date.

15A. Rent-to-Own Program

Avalon offers a Rent-to-Own Program that allows qualified customers to apply rental payments toward the eventual purchase of equipment. The following terms govern all rent-to-own transactions and supplement the standard Rental Terms in Section 15. In the event of any conflict between this Section 15A and Section 15, the terms of this Section 15A control for rent-to-own transactions.

15A.1 How the Program Works

The Rent-to-Own Program is available upon Customer's request. Customers interested in a rent-to-own arrangement should contact their Account Executive, who will prepare a customized quote outlining the rental period, periodic payment amounts, and the total payments required to complete the purchase. Each rent-to-own engagement is individually quoted based on the equipment, term, and Customer's account standing. Standard rental rates do not automatically qualify for rent-to-own treatment — a separate rent-to-own quote is required.

15A.2 Credit Review & Agreement Requirement

Participation in the Rent-to-Own Program requires: (a) Customer's written consent to a credit review, which Avalon will conduct or facilitate as a condition of program eligibility; and (b) Customer's execution of a separate Avalon Rent-to-Own Agreement governing the specific transaction. The Rent-to-Own Program is not available to customers who do not consent to a credit review or who do not execute the required agreement. Avalon reserves the right to decline any rent-to-own application at its sole discretion based on the results of the credit review or other factors.

15A.3 Title Transfer & $1 Buyout

Title to equipment under a rent-to-own arrangement will not transfer to Customer until all scheduled periodic payments have been made in full in accordance with the applicable Rent-to-Own Agreement. Upon completion of all required payments, Customer may exercise a buyout of the equipment for a purchase price of $1.00 per item. Upon receipt of the $1.00 buyout payment and confirmation that all prior payments have been received and cleared, Avalon will execute any documents necessary to formally transfer title to Customer. Until title transfer is complete, all equipment remains the property of Avalon and is subject to all applicable rental terms, including Avalon's possessory lien rights under Section 15.12.

15A.4 Payment Obligations

All periodic payments must be made in full and on time as specified in the Rent-to-Own Agreement. Missed or late payments do not extend the rent-to-own period and do not reduce the total amount required to complete the purchase. Late payments are subject to the late fee provisions in Section 2.1(b). If Customer has not made all required payments by the end of the agreed rent-to-own period, the arrangement will be treated as a standard rental for the period payments were made, and no title transfer or buyout right will arise. Avalon may, at its discretion, offer an extension of the rent-to-own period, which must be agreed to in writing.

15A.5 Default

If Customer defaults on any payment obligation under the Rent-to-Own Agreement, Avalon may declare the arrangement in default and require immediate return of the equipment per Section 15.8. Upon default, all payments previously made will be treated as rental payments for the period of Customer's possession and will not be refunded or credited toward a future purchase. Avalon's rights upon default include all remedies available under the standard rental terms in Section 15, including lien enforcement and recovery of equipment.

15A.6 Applicable Warranty

During the rent-to-own period, prior to title transfer, the standard rental warranty in Section 15.11 applies. Upon completion of all payments and transfer of title, the applicable sales warranty in Section 16.5 governs the equipment from the date of title transfer.

15A.7 UCC Security Interest

From the commencement of a rent-to-own arrangement through the date of title transfer, Customer grants Avalon a security interest in the equipment and all proceeds thereof, consistent with Section 16.11. Customer authorizes Avalon to file UCC-1 financing statements in any jurisdiction Avalon deems appropriate to protect its ownership interest during the rent-to-own period.

16. Sale Terms and Conditions

Avalon offers a wide range of new and refurbished test equipment, all backed by Avalon's Test with Confidence® guarantee. The following terms apply to all equipment sales. Any additional or different terms proposed by Customer will not be binding unless agreed to in writing by an authorized Avalon representative.

16.1 Equipment Description, Standard Accessories & Condition Transparency

Test equipment often includes standard accessories — please review your order details. Refurbished and new equipment comes with a NIST traceable calibration certificate as standard. Upgraded calibration options (17025 accredited or ANSI Z540.1) are available for an additional cost.

Equipment Condition Transparency: Avalon is committed to transparency about the condition of the equipment it sells. For used and refurbished equipment, Avalon will disclose all known material defects or prior significant repair history before the sale is confirmed. If you have questions about a specific unit's service history or condition, please ask your Account Executive before placing your order — we will provide what information is available to us. This commitment reflects our belief that informed customers are better long-term partners.

16.2 Payment Terms

Sales orders are due and payable prior to shipment unless Customer has established Net 30 terms. See Section 2.1 for complete payment terms, methods, surcharges, late fees, and NSF fees. Quotes are valid for thirty (30) days from the date of issue. Prices are based on availability and subject to prior sales or rental.

16.3 Deposit

For certain orders, Avalon may request a security deposit based on a review of Customer's account standing and transaction history. Where required, the deposit amount will be specified in the applicable Order. Deposits are applied toward the outstanding order balance upon confirmation of payment in full, or refunded if the order is cancelled per Section 2.2(a), subject to Avalon's right to apply the deposit against any applicable cancellation fees and any other amounts owed by Customer to Avalon on any account.

16.4 Purchase Orders

A valid, signed purchase order referencing the applicable Avalon quote number is required for all sales. PO terms conflicting with these Sale Terms are superseded by these Terms unless Avalon has expressly agreed in writing. Avalon may hold shipment pending receipt of a compliant PO.

For Customers whose organizations do not issue purchase orders, or who wish to waive the PO requirement for a specific transaction, Avalon will accept a signed and accepted quote as the authorizing document in place of a PO. This option is available for Customer convenience — please confirm this arrangement with your Account Executive before your order is processed.

By signing or accepting a quote, Customer acknowledges that the quote constitutes a binding authorization equivalent to a purchase order for purposes of that transaction.

16.5 Warranty Terms & Exclusions

Avalon stands behind the equipment it sells. The following warranties apply to sold equipment, unless the equipment is designated as sold as-is, in which case no warranty applies and the equipment is accepted in its current condition:

New Equipment — Manufacturer Warranty: New sold equipment is covered by the original equipment manufacturer's warranty. Terms, duration, and coverage vary by manufacturer and model. Please refer to the applicable manufacturer documentation for warranty details. Avalon will assist in facilitating manufacturer warranty claims by providing purchase records, facilitating shipment, and acting as a liaison with the manufacturer where reasonably practicable, but Avalon is not responsible for the manufacturer's warranty obligations or fulfillment timeline.

Used / Refurbished Equipment — 30-Day Limited Warranty: Avalon warrants that used or refurbished sold equipment will be in good operating condition upon shipment for thirty (30) days. If equipment fails to conform to this warranty within the period, Avalon will, at its election: (a) repair the item; (b) replace it with equipment of similar kind; or (c) refund the amount paid, provided the item is returned within the warranty period per Avalon's return procedures.

Both warranties above are void for defects or failures caused by:

• Physical damage caused by Customer, Customer's employees, agents, or contractors;
• Misuse, abuse, neglect, or operation outside manufacturer specifications;
• Unauthorized modification, alteration, or repair;
• Improper installation, storage, handling, or maintenance;
• Damage in transit after delivery to Customer or Customer's carrier;
• Normal wear and tear; or
• External causes including power fluctuations, environmental conditions, or acts of God.

EXCEPT AS SET FORTH IN THIS SECTION, AVALON MAKES NO IMPLIED WARRANTY, INCLUDING AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Avalon is not the manufacturer of any equipment and has based its pricing on the limitations set forth herein.

16.6 Acceptance Period

Equipment is deemed accepted unless Customer notifies Avalon of non-acceptance within ten (10) calendar days of delivery. Please inspect your equipment promptly upon receipt and contact us right away if there are any concerns.

16.7 Returns & Restocking Fee

All sales are final after thirty (30) days from the shipment date. Equipment may be returned within thirty (30) days of the shipment date, subject to a 15% restocking fee on the returned item's purchase price, provided the equipment is returned in its original condition with all accessories. This restocking fee applies to post-shipment returns only. For pre-shipment cancellations, see Section 2.2(a).

16.8 Shipping, FOB & Risk of Loss

All units are shipped F.O.B. San Diego, CA and Dallas, TX, depending on stock location. Risk of loss passes to Customer at the time of delivery to the carrier. Please specify your preferred shipping location and method when placing your order; Avalon will select the most appropriate method if no preference is provided. Equipment will not be shipped by U.S. Mail. Where Avalon ships using an Avalon-held carrier account, all resulting charges are Customer's responsibility and will be invoiced at actual cost. See Section 2.4 for shipping fee and carrier surcharge terms.

16.8(a) Sales Tax — Customer Disclosure

If your organization is sales tax exempt, please provide a valid exemption certificate at the time of your Order. Avalon is not able to adjust or refund sales tax already remitted to the applicable taxing authority. Customers who believe they qualify for an exemption but did not provide documentation in time should seek any applicable refund directly from the applicable taxing authority.

16.9 No Customer Right of Setoff

See Section 2.6, which applies to all sales transactions.

16.10 Disputed Invoices

Please refer to Section 2.5 for Avalon's billing dispute process. Submit disputes to accounting@avalontest.com. Equipment title does not transfer and units will not be released until payment is received in full.

16.11 UCC Security Interest

To secure payment for equipment sold on credit terms, Customer grants Avalon a first-priority purchase money security interest in all equipment sold hereunder and all proceeds thereof, pursuant to the California Commercial Code and applicable UCC provisions. Customer authorizes Avalon to file UCC-1 financing statements in any jurisdiction Avalon deems appropriate. Title transfers to Customer upon receipt of payment in full.

16.12 Software License

Any software included with sold equipment is licensed under the terms of the applicable EULA provided by the original equipment manufacturer. Please review the applicable EULA before using any included software. Avalon makes no representations regarding software performance, compatibility, or fitness for purpose beyond what is provided by the manufacturer.

16.13 Third-Party Financing [NEW]

Avalon may, from time to time, facilitate introductions to third-party financing institutions ("Financing Partners") as a convenience to customers who wish to finance an equipment purchase. Any financing arrangement entered into through a Financing Partner is solely between Customer and the applicable Financing Partner — Avalon is not a party to any such financing agreement and has no responsibility or liability with respect to the terms, conditions, approval decisions, rates, or performance of any financing arrangement.

Avalon's standard sale terms, including payment obligations and title transfer provisions under this Section 16, apply to the transaction between Avalon and Customer unless and until a separate written arrangement confirming the financing structure has been executed by all relevant parties. Introduction to a Financing Partner does not modify Avalon's payment terms or extend any credit to Customer. Avalon makes no representations or warranties regarding the availability, terms, or suitability of any financing option, and encourages Customers to independently review all financing terms before entering into any arrangement.

17. Calibration Terms and Conditions

Avalon Test Equipment is accredited to ISO/IEC 17025:2017 and ANSI/NCSL Z540.1. Our calibration team is committed to accuracy, transparency, and fast turnaround — and we back every calibration with a certificate you can rely on.

17.1 Available Levels of Calibration

• Standard Calibration (Traceable): Performed with NIST traceable standards. Full data reported only if instrument is found out of tolerance.
• Z540 Calibration (Traceable with Data): Performed in full compliance of ANSI Z540.1. Full data recorded and shown on certificate.
• 17025 Accredited Calibration (Accredited): Performed in accordance with ISO/IEC 17025:2017 within Avalon's scope of accreditation. Certificate includes full data reporting, uncertainty calculation, and accredited logo.

17.2 Turnaround Time & Certificate Delivery Commitment

Calibration requires 5–7 working days after receipt of equipment unless otherwise specified. Some accredited calibrations require 10–15 working days unless otherwise specified. Expedite service (1–3 working days) is available upon laboratory approval and subject to additional fees. For qualified telecom test equipment, a 24-hour guaranteed turnaround may be available — please refer to the applicable estimate for eligible equipment. For certain service partner calibrations, a shorter 3–5 business day turnaround may be available — refer to your estimate for details. All turnaround times depend on standards and personnel availability. We will always communicate any timing changes proactively.

Calibration Certificate Delivery Commitment: Once calibration work is complete and QA sign-off has been obtained, Avalon commits to delivering your calibration certificate within five (5) business days. Where delivery is delayed beyond this window due to circumstances within Avalon's control, Avalon will proactively notify you with an updated delivery date. This commitment reflects our understanding that certificate delivery is often on the critical path for your operations.

17.3 Method Used

Avalon uses the manufacturer's recommended calibration procedure, military standards, or internationally recognized industry standards (ASTM, NIST, OMIL, etc.) as applicable. Where Avalon has developed its own procedure, that will be used based on availability. If you have specific calibration method requirements, please let us know when submitting your equipment.

17.4 Statements of Pass or Fail — Decision Rule

Avalon applies the Simple Acceptance decision rule as defined in ILAC G8, with measurement uncertainty not exceeding 10% of the applicable tolerance. Results are reported as:

• PASS — Measured values found inside specifications.
• FAIL — One or more measured values outside specifications, or unit is defective.
• ROV — Report of Value only (no pass/fail determination).

17.4(a) Calibration & Repair Warranty Statement

Calibration — Condition at Time of Service: Upon completion of calibration, Avalon certifies that the equipment was found to be within the applicable tolerance specifications and in good working condition at the time of service, as determined by Avalon's standard calibration procedures and within the scope of the calibration performed, as documented on the calibration certificate. The certificate reflects the condition of the equipment at the moment of service completion. Calibration is a point-in-time measurement activity, and Avalon does not warrant future performance or continued in-tolerance condition following return of the equipment to Customer.

Calibration Re-Performance Commitment: Avalon is committed to the accuracy of its calibration work. If Avalon's own calibration standards are subsequently found to have a significantly out-of-tolerance condition that may have affected Customer equipment, Avalon will, within a reasonable time of discovering the out-of-tolerance condition, evaluate whether Customer's equipment was impacted. Where an impact is confirmed, Avalon will re-perform the affected calibration at no additional charge. Any quoted return timeframe will be adjusted accordingly, and Avalon will communicate the revised timeline promptly.

Calibration Service Re-Performance Window: If calibration services were not performed in accordance with the applicable work order or these Terms, please notify Avalon within fourteen (14) days after the services are performed and Avalon will re-perform the affected services at no charge. This does not apply to defects resulting from improper maintenance, installation, repair, or calibration performed by Customer or an unauthorized third party after return of the equipment.

Repair — 90-Day Limited Warranty: Avalon provides a ninety (90) day limited warranty on repair services performed, covering the specific repair work completed. If the repaired condition recurs within ninety (90) days due to the same issue addressed in the original repair, Avalon will, at its election: (a) re-perform the repair at no additional charge; or (b) issue a credit equal to the value of the original repair service. This warranty is void if the equipment has been misused, damaged, modified, or subjected to conditions outside manufacturer specifications following return to Customer.

17.4(b) Minor Adjustments, Repairs & Firmware

Minor Adjustments Included: Where equipment requires minor adjustment to bring it within specification during calibration, Avalon will perform that adjustment at no additional charge. A minor adjustment is defined as fine-tuning and testing that can be completed in three (3) hours or less per unit. Equipment requiring more extensive work to meet specifications requires a repair, which will be quoted separately and requires Customer's express written consent before proceeding.

No Pre-Approval of Repairs: Customer pre-approvals of repair work are not accepted. Each repair requires a separate written quote issued by Avalon and written approval from Customer after receipt of that quote. No repair work will commence without this separate authorization, regardless of any blanket pre-authorization. If a required repair is declined, the equipment will be returned in its as-received condition and an inspection fee may apply.

Firmware Updates: Firmware updates may be available at no additional charge where applicable, but will not be performed unless specifically requested by Customer at the time of submitting equipment. If you would like Avalon to apply any available firmware updates, please note this in your work order or PO.

Equipment Cleaning: As part of Avalon's standard calibration service, equipment will be inspected as required and cleaned externally, including any accessible filters, in accordance with manufacturer recommendations and accepted industry practice.

17.5 Calibration Interval

Calibration intervals are driven by your requirements. Avalon will base re-calibration recommendations on manufacturer guidance or a one-year standard unless you specify otherwise or legal regulations require a different interval. Please let your Account Executive know if you have specific interval requirements.

17.6 Calibration Subcontracting

Where subcontracting is required, Avalon uses only approved vendors that meet our quality standards. Subcontracted results within Avalon's accreditation scope may be included on your calibration certificate. Subcontractors may have access to internal systems and your equipment information, and are held to confidentiality obligations consistent with Section 8A.

17.7 Customer Authorization & Purchase Order Requirements

Calibration services begin upon receipt of any of the following, each of which serves as Customer's authorization for Avalon to proceed and invoice:

• A valid purchase order referencing the applicable Avalon quote number;
• A signed service estimate or work authorization from an authorized Customer representative; or
• Physical delivery of equipment to Avalon's facility — by shipping your equipment to us, you authorize Avalon to perform and invoice for the services described in the applicable estimate or quote, or at Avalon's standard rates if no estimate has been provided.

Verbal authorizations alone, without a written authorization or physical delivery, are not sufficient to initiate services. Any PO terms inconsistent with these Terms are superseded by these Terms. By providing authorization, Customer confirms acceptance of all requirements in this document and the associated quote.

17.7(a) Customer Responsibilities Before Shipment

• Data Backup: Before shipping any equipment to Avalon, please back up all data, configurations, and software stored on the equipment. Avalon is not responsible for the security, protection, or safe return of any information, data, software, configurations, or other materials found on or associated with equipment submitted for service, including stored test programs, calibration data, proprietary configurations, and any software installed on the equipment.
• Packing List Required: All shipments to Avalon must include a packing list that identifies every piece of equipment in the shipment along with any accessories, cables, adapters, manuals, or other contents, and lists all applicable reference numbers, PO numbers, or work order numbers. Avalon is not responsible for items — including leads, manuals, accessories, adapters, cables, or other ancillary items — that are not documented on the packing list or listed on the applicable PO. Please ensure your packing list is complete and accurate before shipment.

17.8 Payment Terms

Calibration services are invoiced upon completion. Equipment and certificates are released upon receipt of payment. Unless Customer has established Net 30 terms through the AMA and credit approval process, payment is required prior to release. See Section 2.1 for all applicable payment terms, surcharges, late fees, and NSF fees.

17.9 Possessory Lien Rights & Equipment Retention

Avalon holds all possessory lien rights available under applicable California law with respect to Customer equipment in Avalon's possession. These rights secure all amounts due, including calibration fees, late charges, storage fees, and shipping costs. Avalon may retain equipment until outstanding balances are paid. Where non-payment continues following written notice, Avalon may enforce its lien through the procedures prescribed by applicable California law, including commercially reasonable notice and sale requirements. Proceeds of any disposition are applied to the outstanding balance, with any surplus returned to Customer. This provision does not apply to amounts subject to a good-faith written dispute per Section 2.5.

17.10 Limited Calibration

Where a unit requires a limited calibration, Avalon will notify you of the situation and available options. Avalon will proceed with limited calibration upon receipt of your approval.

17.11 Out of Tolerance or Defective Units

If a unit is found to be out of tolerance or defective, Avalon will promptly notify you with details of the condition and available next steps. For OOT units, calibration fees apply because the calibration service has been fully performed to determine the equipment's measurement condition. No refund, discount, or waiver applies for completed calibration work on OOT units. If a unit is found to be defective upon receipt, depending on the time spent confirming the defect, Avalon may charge a flat evaluation fee. In these cases, the customer will be notified before the fee is applied.

Proactive OOT Reporting: When equipment is found to be out of tolerance, Avalon will not simply issue a FAIL certificate. Avalon will provide Customer with a written summary of the measured values, the applicable tolerances, and where practicable, a recommended corrective path — whether that is repair, adjustment, or replacement. Our goal is to give you the information you need to make an informed decision quickly, minimizing any impact to your operations.

17.11(a) Dangerous Goods & Unsafe Equipment

For the safety of our team and your equipment, please notify Avalon in writing before shipping any equipment that contains or may contain dangerous goods, hazardous materials, radioactive components, or other unsafe conditions. Include all relevant safety documentation with your shipment. Failure to disclose known hazards may result in additional handling fees and creates liability for any resulting costs or damages per Section 11 (Indemnification).

17.12 On-Site Calibration

For onsite calibration and repair/service engagements, please refer to Section 18, which covers all onsite activities, scheduling, billing, and logistics. Where Customer requests additional equipment during an onsite visit — whether in writing or verbally — Avalon may perform that work and invoice it as a change order at then-current rates. Avalon will make reasonable efforts to communicate applicable change order rates to Customer before performing add-on work where time permits. Verbal add-on requests during an onsite engagement constitute Customer's authorization for Avalon to perform and invoice for that work.

17.13 Limited Liability

Avalon's calibration liability is limited to the repair, restoration, or replacement of equipment to the condition in which it was received. See Section 6 (Damages) for Avalon's general liability limitations applicable to all transactions.

17.14 Non-Responsive Customer

If Avalon requests your approval, additional information, or payment to proceed and does not receive a response within ten (10) business days, Avalon may:

• (a) return the equipment unrepaired, freight collect, and invoice for reasonable evaluation work performed and costs incurred, at Avalon's then-current rates as communicated to Customer in writing; and/or
• (b) hold the equipment and assess reasonable storage fees at Avalon's then-current storage rates as communicated to Customer in writing.

Please ensure your Account Executive has current contact information to avoid delays.

17.15 No Customer Right of Setoff

See Section 2.6, which applies to all calibration transactions.

17.16 Disputed Invoices

Please refer to Section 2.5 for Avalon's billing dispute process. Submit disputes to accounting@avalontest.com. Equipment will not be released while a dispute is pending unless the undisputed balance has been paid.

17.17 Shipping, FOB & Risk of Loss

All calibration shipments are handled F.O.B. the applicable Avalon facility — risk of loss passes to Customer at the time of delivery to the carrier. Please ensure equipment is properly packaged and insured for transit to Avalon. Avalon is not responsible for transit damage. Standard return shipping to Customer is via ground service at no additional cost unless Customer requests expedited return, which is available based on carrier availability and subject to additional fees. If pickup services are required at your location, please contact your Account Executive — pickup may be available in certain areas for an additional fee. For return shipments, risk of loss transfers to Customer upon delivery to the outbound carrier. See Section 2.4 for tariff and carrier surcharge terms. Where Avalon ships using an Avalon-held carrier account, all resulting charges are Customer's responsibility.

17.17(a) Sales Tax — Customer Disclosure

If your organization is sales tax exempt, please provide a valid exemption certificate at the time of your Order. Avalon is not able to adjust or refund sales tax already remitted to the applicable taxing authority. Customers who believe they qualify for an exemption but did not provide documentation in time should seek any applicable refund directly from the applicable taxing authority.

17.18 Confidentiality

See Section 8A (Confidentiality), which applies to all customer information shared in connection with calibration services.

18. Onsite Calibration & Repair/Service Terms

Avalon's onsite calibration and repair team brings our laboratory capabilities directly to your facility, minimizing equipment downtime and maximizing convenience. The following terms apply to all onsite engagements. By accepting an onsite estimate, Customer agrees to these terms in addition to all other applicable provisions of these Terms.

18.1 Scope & Estimate

Every onsite engagement starts with a detailed written estimate tailored to your equipment list, site location, and scheduling needs. A signed AMA and a valid purchase order are required before an engagement is confirmed and scheduled. Estimates are valid for thirty (30) days and are subject to final confirmation by an authorized Avalon representative. If you have questions about your estimate or need adjustments, please contact your Account Executive before accepting.

18.2 Onsite Fee Structure

Onsite engagements are priced based on the overall complexity of the event — not simply the number of items on the equipment list. Factors that inform the onsite fee include the number of technicians required, the range and variety of calibration standards needed, travel distance and logistics, days on site, and the technical scope of services to be performed. This approach ensures the fee accurately reflects the full investment Avalon makes to bring laboratory-grade capabilities to your facility.

The onsite fee may include any combination of the following components, all of which are Customer's responsibility and will be itemized in the estimate: a minimum billable amount per technician per day (as specified in the estimate); transportation at actual cost; per diem at the applicable GSA rate for the engagement location; hotel and lodging at actual cost; and equipment shipping at actual carrier cost. For local engagements within an established distance threshold, travel fees may not apply. Engagements beyond that threshold will incur ground or flight-based travel costs as applicable. All fee components will be clearly outlined in the estimate provided to Customer before the engagement is confirmed. We book travel as early as possible to keep costs down — late booking costs arising from Customer scheduling changes will be passed through at actual cost.

18.3 Billing & Invoicing

Upon completion of the onsite engagement, Avalon will invoice the full amount of the Customer-accepted estimate. It is important to understand that onsite engagements are priced holistically — the quoted fee reflects the total complexity of the event, including technician deployment, standards mobilization, travel logistics, and time committed, not just the number of individual items calibrated. Because Avalon's resources are allocated and costs are incurred based on the full scope of the engagement regardless of which specific items are ultimately presented, the accepted estimate represents the binding financial commitment for the engagement. Deviations are handled as follows:

• Missing Equipment: If equipment on your original list is unavailable at the time of the visit, the full estimated amount will still be invoiced. However, Avalon will apply a credit equal to 50% of the per-unit price as quoted on the accepted estimate for the missing items, applicable toward your next Avalon engagement — because we would rather keep your business than charge for work we did not complete. Credits are governed by Section 2.3(a).
• Additional Equipment: Equipment not on the original estimate but presented during the engagement may be serviced at Avalon's discretion and will be invoiced as a change order at then-current rates. Avalon will make reasonable efforts to communicate applicable rates before performing add-on work where time permits. See Section 17.12 for verbal add-on authorization terms.

18.4 Cancellation & Rescheduling

We understand that schedules change. To cancel or reschedule an onsite engagement, please contact your Account Executive as early as possible. The following fees apply based on notice period prior to the scheduled start date, as specified in the accepted estimate at the time of cancellation, and reflect the actual costs Avalon has typically incurred at each stage of preparation:

• More than 7 calendar days' notice: No cancellation fee. Any non-recoverable costs already incurred (e.g., non-refundable airfare or shipped equipment) will be invoiced at actual cost.
• 7 calendar days or fewer, but more than 48 hours: 25% of the total quoted onsite fee as specified in the accepted estimate, plus non-recoverable costs already incurred.
• 48 hours or fewer: 50% of the total quoted onsite fee as specified in the accepted estimate, plus non-recoverable costs already incurred.

Rescheduling Waiver: Cancellation fees may be waived at Avalon's discretion if the engagement is rescheduled and completed within three (3) months of the original scheduled start date. This waiver must be confirmed in writing by an authorized Avalon representative. If the rescheduled engagement is subsequently cancelled without completion, the original fee will apply.

18.5 Customer-Caused Delays & Idle Time

If Customer-caused delays — including unavailable equipment, site access issues, or incomplete safety preparation — prevent productive work, Avalon may bill an idle time fee at Avalon's then-current rate for documented unproductive hours, as communicated to Customer in writing. Idle time fees are in addition to the minimum day rate and other applicable fees. Avalon will always communicate idle time charges transparently before invoicing.

18.6 Calibration Date

For multi-day onsite engagements, the calibration date on all certificates defaults to the final scheduled day of the engagement unless you request individual dates in writing before the engagement begins. Please communicate your preference in advance so Avalon can accommodate your documentation requirements.

18.7 Certificate Delivery

Certificates are delivered digitally via email, SharePoint link, or your designated portal or file-sharing platform, following QA review and sign-off. If you have specific delivery preferences or portal requirements, please let your Account Executive know in advance. Delays caused by outstanding payment obligations are the Customer's responsibility.

18.8 Customer Equipment Transportation

Following an onsite engagement, Avalon is not responsible for transporting Customer equipment to or from Avalon's laboratory. If equipment requires further service at Avalon's facility, Customer is responsible for arranging and paying for shipment. A signed Customer Shipper Document is required before any equipment is released for transport to the Avalon lab. Your Account Executive will assist in coordinating this process.

18.9 Payment Terms

Onsite engagements are invoiced on the day the work is completed. See Section 2.1 for all applicable payment terms, late fees, NSF fees, and surcharges. Where no payment terms have been established, pre-payment is required before certificates and equipment are released.

18.10 Customer Site Responsibilities

To help Avalon's team work efficiently and safely at your facility, please ensure the following are in place before the engagement begins:

• A suitable work area meeting applicable space, environmental, and safety requirements (including ISO/IEC 17025:2017 conditions for accredited calibrations).
• All equipment on the accepted estimate available, powered, and accessible at the agreed start time.
• Adequate site access, security clearance, and parking for Avalon technicians throughout the engagement.
• Advance notification of any site-specific safety requirements, access restrictions, PPE requirements, or required training.
• Confirmed shipping and receiving arrangements for standards and equipment delivered to the site.

18.11 Dangerous Goods & Site Safety

The safety of Avalon's technicians is a priority. Please notify Avalon in writing before the engagement of any known hazardous materials, dangerous equipment, restricted areas, or unusual safety conditions at the site. Avalon will work with your safety team to ensure compliance with all applicable requirements. Failure to disclose known hazards creates liability for any resulting costs or damages per Section 11 (Indemnification).

18.12 Limitation of Liability

Avalon's liability for onsite engagements is limited to the re-performance of any services not completed per the applicable work order, or a credit equal to the value of the affected services, at Avalon's election. See Section 6 (Damages) for general liability limitations applicable to all transactions.

18.13 Post-Engagement Follow-Up [NEW]

Following every onsite calibration or repair engagement, your Avalon Account Executive will contact you to confirm satisfaction, address any open items, and ensure that all certificates and documentation have been received and meet your requirements. If anything did not meet your expectations, Avalon wants to know right away so it can be corrected. This follow-up is part of every onsite engagement — not an exception.

19. Training Terms and Conditions

Avalon's training programs are designed to build practical, job-ready skills. Certificates are issued to recognize genuine competency — not just attendance. The following terms apply to all Avalon training engagements:

• Full payment is due before the class date; trainees will not be admitted without confirmed payment.
• All sales are final.
• Avalon may cancel a class up to one week before the scheduled date if the minimum enrollment requirement is not met — affected customers will be notified promptly and offered rescheduling options.
• Certificates are issued upon successful completion of the course. A trainer may withhold a certificate where a trainee does not demonstrate a fundamental grasp of the course material.
• Certificates belong to the individual trainee named on the certificate and may not be transferred to another person under any circumstances.
• Course materials are provided in printed book format; no electronic copies are issued.
• Audio or video recording of any training session is strictly prohibited.

20. General Provisions & Severability

Severability: These Terms are intended to be enforced to the fullest extent permitted by law. If any provision is found to be invalid, illegal, or unenforceable, that finding affects only that specific provision and does not void, invalidate, or otherwise affect any other provision. All remaining provisions continue in full force and effect. To the extent permitted by law, any invalid provision may be modified by a court to the minimum extent necessary to make it enforceable while preserving the parties' original intent.

Waiver: No failure or delay by Avalon in exercising any right or remedy constitutes a waiver. No waiver is effective unless made in writing and signed by an authorized Avalon representative.

Survival: All provisions that by their nature should survive termination — including payment obligations, indemnification, limitation of liability, intellectual property, confidentiality, lien rights, dispute resolution, and governing law — survive any termination or expiration of any Order, AMA, or other agreement between the parties.

Time is of the Essence: Time is of the essence with respect to all dates, deadlines, and time periods set forth in these Terms, including payment due dates, return deadlines, dispute windows, and notice periods.

Interpretation: As used in these Terms, the word "including" means "including without limitation," whether or not so stated. Headings are for convenience only and do not affect the interpretation of any provision.

Assignment: Customer may not assign or transfer any rights or obligations under these Terms without Avalon's prior written consent. Any purported assignment without such consent is void. Avalon may assign or transfer any of its rights or obligations upon notice to Customer in connection with a transfer, merger, acquisition, or sale of all or substantially all of Avalon's business or assets. These Terms are binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

Exclusion of UN Convention: The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to any transaction governed by these Terms and is expressly excluded in its entirety.

Entire Agreement: These Terms, together with any applicable Orders and, where executed, the AMA, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior oral or written agreements, representations, and understandings relating to the same subject matter.

21. Contact Us

We are always here to help. Whether you have a question about an order, need clarification on any of these Terms, or want to discuss your specific needs, please reach out:

• General inquiries: sales@avalontest.com
• Billing & invoices: accounting@avalontest.com
• Phone: (760) 536-0191
• Mail: 3194 Lionshead Ave, Carlsbad, CA 92010
• Website: www.avalontest.com