YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.
01 ACCESS LIMITS
02 INTELLECTUAL PROPERTY RIGHTS
Nothing contained herein shall be construed as conferring any license or right, by implication, implicit or otherwise, under copyright or other intellectual property rights. Buyer agrees that this content and website are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Any names, marks or other intellectual protected parts indicated in the website belong to their respective copyrights or intellectual holders.
03 ERRORS AND CORRECTIONS
Provider does not represent or warrant that this website or its content will be error-free, be free of viruses or other harmful components, or that defects will be corrected, or that it will always be accessible. Provider does not warrant or represent that the content is available.
04 Unlawful Activity
05 Governing Law and Jurisdiction
It is the buyer’s responsibility to make sure any items being ordered are legal in their state. It is the responsibility of the buyer to determine what the applicable requirements may be and to obtain all necessary authorizations, licenses or approvals. The use, disposition, export and re-export of the property covered or included on an eventual sale, order or quote is subject to the same provisions of laws. Any order found which might violates a law will be immediately canceled. Any Buyer found to be knowingly ordering items restricted in Buyer’s state will be immediately blocked from our system.By placing an order, the Buyer hereby represent and warrant that Buyer is not an Embassy or any agency or subdivision of a foreign government. If Buyer is an embassy or agency or subdivision of a foreign government, Buyer must provide to the seller a copy of the proper import and/or export license or license number which allows Buyer to receive and export the material that is subject to that sale
Certain sections of this website require Buyers to register. If registration is requested, Buyer agrees to provide Provider with accurate and complete registration information. It is Buyer’s responsibility to inform Provider of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. Provider does not permit (a) anyone other than Buyer to use the sections requiring registration by using another party’s name or password; or (b) access through a single name being made available to multiple users on a network or otherwise. Buyer is responsible for preventing such unauthorized use.
08 ENTIRE CONTRACT
The terms and conditions contained on the face and those set forth on any continuation sheets contain the entire understanding of the parties with respect to the sale of the parts. Any terms and conditions proposed in Buyer’s purchase order which add to, vary from, or conflict with the terms and conditions herein are hereby expressly objected to, and may become effective only if accepted by Parts4aviation in writing.
All Orders are subject to a 25 percent restocking fee. In addition, all parts must be returned within 14 days of parts being shipped. After 14 days no returns will be processed. Return Material Authorization (RMA) is required for all returned parts. All returns are subject to executive review. There shall be no reimbursement for shipping on returned parts. Any parts returned without an RMA number will not be eligible for a refund and will be returned to Buyer at Buyer expense. NO RETURNS WILL BE PERMITTED ON SPECIAL ORDERS!
Unless otherwise agreed in advance, all parts are shipped via Express courier. Buyer is responsible for all shipping and handling fees, including special boxes or crates. Buyer must advise Parts4aviation of freight account numbers and preferred shipping methods at the time the order is submitted. Where no details are supplied, shipping will be charged at cost.Parts4aviation will not be responsible for lost or destroyed shipments that are not insured by the Buyer. Shipments that are charged at cost to the Buyer will NOT include insurance unless otherwise specified by the Buyer in writing.Quoted delivery schedule is approximate only and subject to delays due to cause beyond Parts4aviation’s control of force majeure, including, but not limited to, acts of God or public enemy, acts of the government, civil war, insurrections or riots, reactions, strikes or freight embargoes, or for any other cause to the extent it is beyond Parts4aviation’s sole fault or negligence. In the event of such delay, Parts4aviation will notify the buyer and delivery dates shall be extended accordingly for a period equal to the time lost by reason of such delay. In no event shall Parts4aviation be liable for any special incidental or consequential damages.It is the Buyer’s responsibility to obtain valid transit and import license. Materials sold by Parts4aviation, subject to licensing, are not sold or shipped to any country concerned by an Embargo by the United Nations.
Buyer will pay and agrees to indemnify, defend and hold harmless Parts4aviation from any import taxes, duties or other levies, including but not limited to import and sales taxes, imposed by any taxing authority as a result of performance hereunder.
All prices quoted are in USD, unless otherwise specified.Parts4aviation accepts credit cards (Visa, MasterCard with a 2.5% processing fee, and American Express with a 3.5% processing fee) as a payment option.For all Buyers, full payment must be received by Parts4aviation prior to shipment. Payment must be received within 7 business days after confirmation of order. In the event that payment is not made within 7 business days after receipt of order, the order will be deemed canceled.
13 RETENTION OF TITLE
Legal property in the goods shall not pass to the buyer until all monies owed by the buyer to Parts4aviation are paid in full and unconditionally, and delivery is made by Parts4aviation to the carrier.
14 CONSEQUENTIAL DAMAGES
In no event will Parts4Aviation be liable for any special, incidental or consequential damages including but not limited to lost revenues, lost profit, or loss of prospective economic advantage resulting directly or indirectly from this transaction; or of the use of the parts or any inability to use such either separately or in conjunction with other parts or equipment.
15 Warranty and Disclaimer of Liability:The certification on the packing list and the CoC constitutes Parts4aviation only warranty with respect to any and all the products sold. Parts4aviation liability, if any, for breach of this certification/warranty shall be limited to the cost of replacing the non-conforming part or the issuance of a credit by Parts4aviation not to exceed the invoice value of the non-conforming part, which will have to be returned to Parts4aviation within 7 days of approval of Return Material Authorization (RMA).Except as expressly warranted above, Parts4aviation makes no representations or warranties, express or implied, regarding the quality or fitness of the products subject to this order and Parts4aviation EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITTNESS FOR A PARTICULAR PURPOSE. Parts4aviation also disclaims and buyer hereby waives any liability of Parts4aviation whether arising from Parts4aviation’s negligence, in tort or otherwise arising by operation of law in connection with or related to this sale or to any of the products sold herein. In no event shall Parts4aviation be liable to anyone for commercial, incidental or consequential damages of any type whatsoever.
Buyer hereby releases and agrees to defend, indemnify and hold Parts4aviation ; its directors, officers, employees and agents harmless and against any and all liabilities, claims, demands, suits, damages and losses (including, without limitation, all attorney’s fee costs and expenses in connection therewith or incident thereto) for deaths of or injuries to any persons whomsoever (including, without limitation, Buyer’s employees) and for loss of, therewith or incident thereto and for loss of, damage to destruction of, or delay in the delivery of any property whatsoever (including, without limitation, aircraft of Buyer) in any manner arising out of or in connection with the parts subsequent to their delivery by Parts4aviation hereunder regardless of the negligence, active or passive, of Parts4aviation, its directors, officers, employees or agents.Buyer will, at the request of Parts4aviation, negotiate any claim or defend any action or suit brought against Parts4aviation or in which Parts4aviation is joined as a party defendant based upon any matters for which Buyer has released and indemnified Parts4aviation hereunder.
17 OUTSOURCED REPAIRS
All parts serviced/repaired/overhauled by an outside repair facility will be subject to the warranty conditions of that facility. Final determination of condition of material is the responsibility of the purchaser’s quality assurance department.
18 LIMITED WARRANTY FOR SALE OF PARTS
Coverage and Warranty Period
Parts4aviation hereby warrants that the parts sold hereunder will be free of any defects in the material or workmanship in accordance with accompanying CoC/Certification and the following warranty schedule based on the condition code of the parts stated on the face (packing list or invoice) thereof. Part condition, definition and warranty parts are defined as follows:
- Factory New (FN) Product (“goods”) received from OEM or authorized distributor. Original Equipment Manufacturer’s (OEM) warranty applies.
- New/Unused (NS) Product (“goods”) received from other than OEM or authorized distributor. Thirty (30) days warranty from date of shipment apply.
- Overhauled (OH) Product (“goods”) taken to outside repair facility will be subject to the warranty conditions of that facility.
- Serviceable (SV) Product (“goods”) coming with CoC or Form 1 or 8130-3. Thirty (30) days warranty from date of shipment apply.
- Repairable (RP) Product (“goods”) is used and not certified airworthy but can be economically repaired and/or overhauled. No warranty other than the product (“goods”) is repairable.
- As Removed (AR) Product (“goods”) condition and history might be unknown and at present it has no airworthiness certification. No warranty expressed or implied. This condition has no return provisions of any kind, unless otherwise agreed.
No modification of these terms and conditions shall be binding upon the parties hereto unless in writing and signed by both parties hereto.
20 PAYMENT AND PRICING
Parts4aviation retains authorization, in the case of payment being made via credit card, to charge the presented credit card for the specified items as well as for any additional charges for shipping to the final destination.
21 CONDITIONS OF MATERIAL
New From Factory (FN), New Condition Material (NE), New or Unused Surplus (NS), Overhauled Material (OH), Serviceable Material (SV), Repairable Material (RP), and Used or Removed Material (AR) will be accompanied by an Parts4aviation certificate showing conformance in addition to any other documents or trace where applicable.
22 RMA / ORDER CANCELLATION POLICY
If a buyer wishes to return any order presented to and accepted by Parts4aviation, this is allowable only if prior written and signed consent has been given. Returns will be made at the sole discretion of Parts4aviation, and must be requested within 7 days of customer’s receipt of goods. (ANY returns not approved by the company will be refused.) Returned items must be shipped in their original box and accompanied by all original paperwork.Returns will be subject to a restocking fee of 25 percent. The return of any specially ordered, overhauled, or serviced materials is dependent on the manufacturer or shops’ willingness to accept the returned material. If such a shop or manufacturer imposes its own handling or restocking costs, that amount will also be deducted from your order credit in addition to our 25 percent restocking fee.
23 DELIVERY DETAILS
Any order of items Parts4aviation has in stock which is placed after 2:00 PM GMT may not be shipped until the following business day. Delivery dates for items NOT in stock are best estimates taking into account any current backlog and will subject to confirmation when the order is placed. All items may be subject to prior sale.
24 LIMITATIONS OF LIABILITY
In any and all circumstances, the maximum liability of Parts4aviation is limited to the price paid for the exact items sold. Parts4aviation, will not under any circumstances be liable upon a claim or action in tort, contract, contribution, or indemnity. This is also applicable to any other claims related to the products it sells which may exceed this liability limit. Parts4aviation shall not be held liable for third-party claims of damages against the customer, or for delays, malfunction, loss of business, interruption or service, or loss or damage to exemplary damages, regardless of whether the possibility of such claims or damages have been made manifest to Parts4aviation.
25 EXPORT DETAILS
By US law, NO part(s) quoted or sold by Parts4aviation in the United States of America and then re-sold (as to a third party) can be sold to a country, company, entity, or person(s) embargoed by the USA. Export exception or license may be required for these commodities, depending on the ECCN. Diversion which is contrary to US law is prohibited. The orders, quotes, or sales, unless otherwise noted may include Commerce Controlled List Items (CCLI) or Munitions List Items (MLI). MLI or CCLI designated property is under US Government control, and thus in many cases may NOT be transferred (given, sold, or exported) to any foreign country, non-US Citizen or National, or a non-Permanent Resident of the US without a valid State or Commerce Department authorization for such export. It is the Purchaser’s responsibility to learn what all applicable requirements may be; to obtain all authorizations, licenses, or approvals necessary; and to make such documentation subject to both review and acceptance by Parts4aviation. The disposition, use, export, and/or re-export of the property included or covered in this order, order, sale, or quote is subject to all provisions of law referenced in End-Use Certificate DLA form 1822, DEC 2001. These include, but are not limited to, the Export Administration Act of 1979 (50 USC App. 2401 et seq.) as contained under Executive Order 12924; the Arms Export Control Act (22 USC 2751 et seq.); Export Administration Regulations (15 CFR 730 et seq.); International Traffic in Arms Regulations (22 CFR 120 et seq.); the Espionage Act (18 USC 793 et seq.); or Foreign Assets Control Regulations (31 CFR 500 et seq.).Further information regarding applicable policies, regulations, and laws may be found by contacting the US Department of Commerce Bureau of Industry and Security by telephone at (202) 482-4811 and online at http://www.bis.doc.gov; the US Department of State Bureau of Political-Military Affairs Directorate of Defense Trade Control by telephone at (202) 663-1282 or online at http://www.pmddtc.state.gov; or the U.S. Department of the Treasury Office of Foreign Assets Controls by telephone at (202) 622-2480 or online at http://www.treas.gov/offices/enforcement/ofac.