Mini-Max USA — Staged Kit Layaway Program Addendum
This Staged Kit Layaway Program Addendum is incorporated into and made part of the Mini-Max USA Purchase Agreement, Release of Liability, Assumption of Risk, Indemnification, and License Agreement between Av8r Capital Group Corp d/b/a Mini-Max USA ("Seller") and the buyer identified at submission ("Buyer").
1. Price, Term & Payment
Total Layaway Price = Staged Kit Layaway Price + Total Added Options. Required percentages are determined by the selected term (12, 18, 24, 30, or 36 months). Total Initial Payment = Calculated Down Payment + the $525.00 crating fee.
| Term | Down % | Monthly % | Total % |
|---|
| 12 Months | 28% | 6% | 100% |
| 18 Months | 23.5% | 4.25% | 100% |
| 24 Months | 22% | 3.25% | 100% |
| 30 Months | 16% | 2.8% | 100% |
| 36 Months | 10% | 2.5% | 100% |
2. Nature of Program; No Credit; No Obligation to Continue
The Staged Kit Layaway Program is a voluntary layaway purchase arrangement. It is not a loan, financing agreement, retail installment sale, or extension of credit. Buyer is not borrowing money from Mini-Max USA, and Mini-Max USA is not advancing goods before payment. Buyer is not legally obligated to continue making future layaway payments. If Buyer stops making payments, misses payments, cancels the order, fails to maintain payment authorization, or otherwise fails to continue the program, Mini-Max USA will not seek to collect unpaid future layaway payments as a debt. Mini-Max USA's remedies are limited to cancellation of the undelivered portion of the layaway order, retention of non-refundable amounts to the fullest extent permitted by law, suspension of further production or release, withholding of unreleased kit sections, and resale or reallocation of undelivered goods.
3. Payment Method; Returned or Failed Payment
Payments must be made by check or ACH only unless Mini-Max USA agrees otherwise in writing. If Buyer elects ACH payments, Buyer must sign a separate ACH authorization form identifying the authorized account, payment amount, frequency, dates, and method for revocation. If any payment is returned, rejected, reversed, dishonored, disputed without legal justification, or otherwise fails to clear, it will not count as cleared funds or toward any release threshold. Buyer shall pay a returned-payment fee of $35.00, plus any actual bank, processor, or collection charges, to the fullest extent permitted by South Dakota law. Mini-Max USA may suspend release eligibility, production, crating, shipment, delivery, and support until replaced with cleared funds and all charges are paid. If unpaid for 30 days after notice, Mini-Max USA may cancel the undelivered portion. Mini-Max USA will not seek to collect unpaid future layaway payments as a debt.
4. Application of Payments
Payments are applied in order: (1) returned-payment fees, bank, storage, or shipping charges then due; (2) the $525.00 crating fee, if not already paid; (3) issued plans, documents, drawings, manuals, proprietary materials, or delivered items; (4) staged kit release groups in the order shown on the Release Schedule; (5) optional accessories or add-ons if specifically identified; and (6) the remaining Total Layaway Price. Only cleared funds count toward release thresholds.
5. Optional Accessories and Add-On Items
Optional accessories (e.g., wing tips, additional fuel tanks, upgraded brakes, instruments, hardware) are not included unless expressly listed in this Addendum or on a written invoice accepted by Mini-Max USA. They remain separate line items and do not change, reduce, replace, or accelerate the base aircraft kit release thresholds unless Mini-Max USA expressly states otherwise in writing. Optional accessories must be paid in full before they become eligible for release or shipment.
6. Release Thresholds & Staged Kit Delivery
Mini-Max USA releases staged kit sections only after the applicable cumulative release threshold (of the Total Layaway Price) is met with cleared funds. Estimated monthly release dates are estimates only; release is not required based on calendar date alone and depends on cleared funds, threshold satisfaction, production status, inventory, crating, payment of shipping charges, and this Agreement.
| Kit Section | Release % | Cumulative % |
|---|
| Plans Package | 2.3024% | 2.3024% |
| Epoxy, 1/2 Gallon | 0.7674% | 3.0698% |
| Empennage Kit | 4.8359% | 7.9057% |
| Wing Rib Kit | 7.6748% | 15.5805% |
| Wing Assembly Kit | 30.6995% | 46.2800% |
| Fuselage Kit | 23.0246% | 69.3046% |
| Metal & Hardware Kit | 15.3497% | 84.6543% |
| Landing Gear Kit | 8.4423% | 93.0967% |
| Fabric Kit | 6.9073% | 100.0000% |
The $525.00 crating fee is separate from the Total Layaway Price for release-threshold calculation purposes unless Mini-Max USA expressly states otherwise in writing.
7. Shipping, Freight & Delivery Charges
Shipping, freight, insurance, delivery, taxes, duties, residential delivery, liftgate service, special handling, carrier, and similar charges are not included in the Total Layaway Price, down payment, monthly payment, or crating fee unless expressly stated in writing. Buyer must pay all applicable shipment-related charges before Mini-Max USA is required to ship any release-eligible kit section or optional accessory. Mini-Max USA may hold paid, release-eligible kit sections for combined shipment at Buyer's written request; this does not change the payment schedule or shift shipping responsibility.
8. Non-Refundable Payments and Cancellation
Mini-Max USA may reserve production time, allocate inventory, issue plans, order materials, cut parts, fabricate components, prepare kit sections, crate goods, perform administrative work, and withhold inventory from other buyers in reliance on Buyer's participation. All amounts paid are non-refundable to the fullest extent permitted by applicable law. If applicable law requires a refund, it shall be limited to the amount required by law after subtracting delivered goods, issued/allocated materials, custom work, crating, shipping-related charges, administrative costs, returned-payment charges, storage charges, and other lawful offsets.
9. Missed Payments; 30-Day Cure; Cancellation
If Buyer misses a payment, has a returned/failed payment, revokes ACH authorization without alternate approved arrangements, refuses shipment, fails to pay required shipping charges, or otherwise fails to continue, Mini-Max USA may pause release eligibility, production, shipment, support, and allocation. Mini-Max USA will provide notice and a 30-day opportunity to cure before canceling the undelivered portion, unless a shorter period is permitted by law to protect against fraud, chargeback risk, inventory loss, or misuse of proprietary materials. Cancellation creates no obligation to pay future unpaid layaway payments as a debt.
10. No Transfer; Optional Buyback
This program is personal to Buyer and may not be assigned, sold, transferred, pledged, delegated, or assumed without Mini-Max USA's prior written consent; any attempted transfer is void. Mini-Max USA has no obligation to repurchase any delivered kit section, partial kit, plans package, project, materials, optional accessories, or aircraft project. Any buyback offer is at Mini-Max USA's sole discretion and must be in writing.
11. Buyer Acknowledgments
Buyer has read this Addendum; understands it is a staged layaway program and not a loan or extension of credit; is not legally obligated to continue future payments; understands Mini-Max USA will not collect unpaid future payments as a debt; understands no kit section ships before its release threshold is met with cleared funds; understands estimated release months are estimates only; understands shipping/freight/insurance/taxes/duties are not included unless stated in writing; understands optional accessories must be listed in writing and paid in full before shipment; understands all amounts paid are non-refundable to the fullest extent permitted by law; understands the program may not be transferred without written consent; and has had the opportunity to ask questions and consult independent legal counsel.
12. ACH Authorization (if elected)
Preauthorized ACH payments are authorized separately from this Addendum. Buyer authorizes Av8r Capital Group Corp d/b/a Mini-Max USA to initiate recurring ACH debits from the designated checking account for amounts due. Buyer may revoke by written notice far enough in advance for Mini-Max USA and its processor to act. Revoking ACH does not cancel the Purchase Agreement or program and does not eliminate amounts already due or non-refundable amounts permitted under the Addendum. A failed ACH payment does not count as cleared funds and may result in a returned-payment fee and suspension of release eligibility.
Mini-Max USA — Full Kit Purchase Agreement with Staged Kit Layaway Program
Av8r Capital Group Corp d/b/a Mini-Max USA · 605-299-1175 · info@flyminimax.com · www.flyminimax.com · 514 Americas Way #21348, Box Elder, SD 57719. This Agreement includes a Purchase Agreement, Release of Liability, Assumption of Risk, Indemnification, License Agreement, and Layaway Addendum.
1. Purpose of Agreement
Mini-Max USA sells aircraft kits, plans, parts, used aircraft, partial aircraft projects, assigned serial numbers, builder-assist services, and related aviation goods and support. Seller agrees to provide the goods, services, license rights, or assigned serial number described, subject to these terms.
2. Nature of Aviation Activities
Buyer understands that ultralight, experimental, amateur-built, plans-built, and recreational aviation activities are inherently dangerous and involve substantial risks, including serious bodily injury, permanent disability, death, and property damage, and that any aircraft, kit, project, part, plan set, or component may require substantial skill, judgment, inspection, assembly, maintenance, and independent verification before use.
3. As-Is, Where-Is, With All Faults
Unless expressly stated otherwise in a separately signed writing by Seller, all goods, aircraft, kits, plans, projects, parts, materials, and services are provided AS IS, WHERE IS, WITH ALL FAULTS. Buyer accepts full responsibility for determining completeness, condition, suitability, compatibility, structural integrity, workmanship, legal compliance, and intended use.
4. Disclaimer of Warranties
To the fullest extent permitted by law, Seller disclaims all warranties, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, airworthiness, design suitability, safety, regulatory approval, future performance, completion time, completeness, or compatibility with any engine, propeller, redrive, fuel system, avionics, or third-party component.
5. Buyer Independent Responsibility
Buyer alone is responsible for inspection, assembly, completion, covering, paint, fabrication, modification, repair, maintenance, storage, transportation, engine/propeller/avionics selection, weight and balance, center of gravity, flight controls, structural integrity, flight testing, pilot training and qualifications, registration, certification, operating limitations, and legal operation. Any support or builder-assist guidance from Seller is advisory only and is not engineering certification, mechanic approval, inspection signoff, airworthiness approval, legal advice, or flight instruction.
6. Assumption of Risk
Buyer knowingly and voluntarily assumes all risks, known and unknown, arising out of or related to the design, sale, delivery, pickup, transport, storage, assembly, completion, modification, repair, maintenance, inspection, ownership, resale, transfer, testing, and operation of any goods, plans, projects, aircraft, parts, or materials.
7. Release and Waiver of Liability
To the fullest extent permitted by law, Buyer (on behalf of Buyer and Buyer's heirs, estate, representatives, successors, assigns, family, passengers, guests, invitees, insurers, and any person claiming through Buyer) releases, waives, discharges, and covenants not to sue Seller and its owners, officers, directors, employees, agents, affiliates, contractors, licensors, successors, and assigns from any and all claims, causes of action, liabilities, demands, damages, losses, judgments, costs, and expenses arising out of or relating to the sale, transfer, delivery, design, condition, quality, completeness, assembly, use, inspection, maintenance, modification, repair, transport, storage, testing, resale, transfer, or operation of any item, and any bodily injury, death, property damage, loss of use, loss of value, or other loss. This release applies to claims alleging negligence to the fullest extent permitted by law.
8. Indemnification, Defense, and Hold Harmless
Buyer shall defend, indemnify, and hold harmless the Released Parties from any and all claims, demands, lawsuits, liabilities, judgments, settlements, penalties, fines, losses, damages, costs, and expenses (including reasonable attorneys' fees) arising out of Buyer's breach; Buyer's inspection, assembly, completion, modification, maintenance, repair, transport, storage, testing, ownership, operation, lease, resale, transfer, instruction, or demonstration of any item or resulting aircraft; Buyer's statements to third parties; any injury, death, or property damage; any deviation from plans or substitution of materials; and any title, tax, registration, licensing, certification, inspection, or regulatory issue.
9. Limitation of Liability
To the fullest extent permitted by law, the Released Parties shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of use, lost profits, diminution in value, shipping/freight, storage, hangar, inspection, disassembly/reassembly, or travel costs. Seller's total aggregate liability shall not exceed the total amount actually paid by Buyer to Seller for the specific item or service giving rise to the claim.
10. No Reliance on Extra-Contractual Statements
Buyer is not relying on any oral statement or any statement outside this Agreement and any attached addendum, including phone calls, texts, social media, website listings, photos, videos, emails, estimates, or informal descriptions. Seller is not bound by any statement not expressly set forth in a signed writing.
11. Title, Delivery, Inspection & Risk of Loss
Unless otherwise stated in the Addendum, title passes upon Seller's receipt of cleared funds in full for the applicable item. Risk of loss passes upon the earliest of physical delivery, pickup by Buyer, pickup by a carrier/transporter, or placement into storage pending Buyer's pickup after notice. Buyer is responsible for shipping insurance unless otherwise stated. Buyer must inspect promptly upon delivery; any claim for obvious shortage or shipping damage must be made in writing within five calendar days of delivery.
12. Deposits, Cancellations, Custom Fabrication & Refunds
Unless otherwise stated in the Addendum, deposits are non-refundable once materials are ordered, parts are cut, fabrication begins, or plans/documents are issued. Custom-cut, custom-fabricated, special-order, or allocated materials are non-cancellable and non-returnable. If Buyer defaults, delays payment, refuses delivery, or fails to complete, Seller may retain deposits and prior payments to the fullest extent permitted by law.
13. Taxes, Fees & Compliance
Buyer is solely responsible for all taxes, registration, title, inspection, licensing fees, tariffs, duties, customs, shipping charges, and other governmental or third-party charges, unless expressly stated otherwise in the Addendum.
14. Default
Buyer is in default if Buyer fails to pay when due, breaches this Agreement or the Addendum, refuses delivery, improperly reverses or disputes payment, misuses Seller's plans or intellectual property, or materially breaches. Upon default, Seller may pursue any legal or equitable remedy, including cancellation, withholding delivery, collection, injunctive relief, and recovery of costs and fees where permitted.
15. Intellectual Property & Limited License
To the extent the transaction includes plans, drawings, manuals, patterns, dimensions, templates, serial number assignment, or other proprietary materials, Seller grants Buyer a limited, personal, non-exclusive, non-transferable, revocable license to use them solely to construct, maintain, and own one aircraft. Buyer may not copy, distribute, upload, publish, sell, sublicense, assign, share, or transfer such materials without Seller's prior written consent. All IP rights remain exclusively with Seller. A subsequent owner may be required to enter Seller's then-current license agreement. Unauthorized copying or distribution may cause irreparable harm, entitling Seller to seek injunctive relief in addition to legal remedies.
16. Governing Law, Venue, Jury Waiver & Fees
This Agreement is governed by the laws of the State of South Dakota, without regard to conflict-of-law principles. Any proceeding shall be brought exclusively in the state courts in Pennington County, South Dakota, or the appropriate federal court sitting in South Dakota. Buyer consents to personal jurisdiction and venue and waives objection based on inconvenient forum. To the fullest extent permitted by law, Buyer and Seller knowingly and voluntarily waive any right to trial by jury.
17. Entire Agreement; Electronic Signatures; Severability; Survival
This Agreement and any attached addendum constitute the entire agreement and supersede all prior or contemporaneous discussions, statements, emails, texts, website listings, and marketing materials. It may be signed electronically and in counterparts. If any provision is invalid or unenforceable, the remaining provisions remain in full force. Provisions relating to releases, waivers, indemnification, limitation of liability, intellectual property, fees and costs, governing law, venue, jury waiver, and any provision that by its nature should survive shall survive closing, delivery, transfer, termination, resale, and downstream use.
18. Layaway Addendum — Price, Crating & Payment
The Staged Kit Layaway Price is the published kit price for this purchase method; it is not interest, a finance charge, an origination fee, a documentation fee, an account fee, or a fee for paying over time. Total Layaway Price = Staged Kit Layaway Price + Total Added Options. Calculated Down Payment = Total Layaway Price × Required Down Payment %. Calculated Monthly Payment = Total Layaway Price × Required Monthly Payment %. Total Initial Payment Due = Calculated Down Payment + $525.00 crating fee. The $525.00 crating fee is due with the down payment and covers crating/packaging/handling/shipment readiness for the Wing Assembly Kit ($175.00), Fuselage Kit ($175.00), and Metal & Hardware Kit ($175.00). Release thresholds, optional add-on handling, shipping terms, non-refundability, 30-day cure/cancellation, no-transfer, and compliance savings provisions match the Staged Kit Layaway Program Addendum.
Final Acknowledgment
BUYER ACKNOWLEDGES THAT BUYER HAS CAREFULLY READ THIS AGREEMENT, UNDERSTANDS THAT IT INCLUDES IMPORTANT LEGAL RIGHTS, A RELEASE OF LIABILITY, AN ASSUMPTION OF RISK, WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, AND INDEMNIFICATION OBLIGATIONS, AND AGREES TO BE BOUND BY ALL OF ITS TERMS.
Note: This is the program agreement for your reference. The binding, signable contract with full buyer/seller signature blocks, ACH authorization, and serial number assignment will be sent to you to complete after you submit this request.
