These terms and conditions of sale are applicable to all sales made by A Plus Avionics Corp. dba AvionTEq. (hereinafter "AvionTEq") to its customers (hereinafter "Customer") unless otherwise negotiated and contracted to in writing at time of sale. By accepting delivery, Customer agrees to be bound by these terms and conditions of sale, notwithstanding Customers terms and conditions whether or not supplied to AvionTEq at any time.
Quotes are generally valid for 30 days. Every effort will be made to maintain listed or quoted prices, however, prices are subject to change without notice due to among other things changes in stock availability and costs of material and/or production services. Prices and availability information received from AvionTEq's Sales Representatives are quotations and DO NOT constitute legally binding offers.
Order Information Requirements
The following information MUST BE INCLUDED on the face of the order: (1) country of final destination, (2) Department of State export license number and expiration date, if applicable, (3) aircraft or applicable end item, (4) AvionTEq's quotation number, and (5) if for resale to the U.S. or a Foreign government, also include the government contract number.
Customer agrees that it will not export or re -export any parts or technology received from AvionTEq except in full compliance with all United States laws and regulations including the Export Administration Regulations and the International Traffic in Arms Regulations. In particular, such products may not be exported or re-exported to a national or resident of any country to which the United States embargoes goods without appropriate approvals or licenses, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals. In addition, Customer is responsible for complying with any local laws in Customer's country, which may impact Customer's right to import, export, or use the parts.
Shipments to a Customer who has not established credit terms will be made on Advanced Payment or Cash On Delivery terms. Invoices will be faxed or emailed or sent via postal service at time of shipment. Payments from a Customer given open terms should be received at the address shown on the invoice, or by wire transfer to the bank account provided by AvionTEq before the due date as stated on the invoice or else such invoice balances will be subject to an interest charge until paid in full including any collection costs or fees incurred. Accounts with unpaid balances over fifteen (15) days past due will be placed on credit hold. AvionTEq reserves the right to modify or withdraw credit terms and/or credit limits at any time without notice and to require guaranteed security or payment in advance for the amount of the order.
A Customer that wishes to pay on credit terms but has not established credit with AvionTEq must fill out and sign a "Credit Application" form and fax or email the completed and signed form back to AvionTEq. Once approved, Customer's credit amount is subject to increase or decrease based on periodic review of Customer's credit standing.
Cancellation and Return Policy
All orders are non-cancellable and non-refundable unless otherwise advised in writing. Under certain conditions, shipments of products regularly carried in stock may be returned within sixty (15) days of the invoice date. Within this time requirement, please contact a AvionTEq Sales Representative for a Return Material Authorization (RMA) number. A Customer who does not obtain an RMA number will be responsible for any excess costs incurred. A Customer outside the United States will receive an International Return Instruction Form, which must be followed to avoid additional charges. Products must be returned in the original AvionTEq packaging and with a copy of the original shipment's paperwork. Products not returned in AvionTEq packaging, or without a valid RMA number, or do not comply with AvionTEq's Return Instructions may not be accepted. Unless otherwise agreed by AvionTEq, restocking fees will be charged for products returned.
AvionTEq is not responsible for damages to, or losses of, products during shipment.
A limited warranty might be offered by AvionTEq on certain products. This warranty, if offered, does not extend to units which have been subjected to misuse, neglect, accident, or units which have been repaired or altered by a third party without our permission, nor to cases where the serial number thereof has been removed, defaced or changed. At its sole discretion AvionTEq may either repair or replace any verified defective unit with another unit of comparable condition and value. In no event shall AvionTEq's liability, if any, exceed the purchase price of the products being sold. This warranty is in lieu of all other warranties expressed or implied and no representative or person is authorized to assume for us any other liability in connection with the sale of products.
AvionTEq MAKES NO EXPRESS OR IMPLIED WARRANTY OF ANY KIND FOR PRODUCTS WITH REGARD TO PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. Further, AvionTEq is not responsible for any defect in products, loss or inaccuracy of data of any kind, nor for any direct, indirect, incidental, or consequential damages resulting there from. AvionTEq does not guarantee product compatibility.
General Legal Disclaimer
Please read this Agreement cautiously prior to accessing or using this web site, which is owned and operated by AvionTEq. BY USING THIS SITE YOU EXPLICITLY ADHERE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE OBLIGATED BY THESE TERMS AND CONDITIONS, YOU MAY NOT USE ORACCESS OR USE THIS SITE.
AvionTEq may amend this agreement at any time and any such modifications shall be effective right away upon posting of the adjustment agreement on this site. You agree to review this agreement occasionally to be aware of such modifications and your continued access or use of this site shall be deemed your certain acceptance of the modified agreement.
AvionTEq does not guarantee the exactness or totality of any information on this site. You agree (i) that you will independently calculate and bear all risks connected with your use of such information and (ii) that AvionTEq is not answerable and will have no liability for any dependence by you on such information. The information contained in this site may be changed or removed at any time without notice.
THE INFORMATION IN THIS SITE IS given AS IS WITHOUT guarantee OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED guarantee OF MERCHANTABILITY, FITNESS FOR A certain PURPOSE AND NON-INFRINGEMENT OR brought up FROM A COURSE OF DEALING USAGE OR TRADE PRACTICE. AvionTEq does not guarantee that this site and the server associated to it will be uninterrupted, timely, secure, error free or free of computer viruses or further damaging components.
Limitation of Liability
IN NO OCCASSION SHALL AvionTEq BE ACCOUNTABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PENALIZING OR RESULTING DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS , SERVICES OR TECHNOLOGY, LOSS OF DATA OR INFORMATION, BUSINESS INTERUPTION OR ANY OTHER DAMAGES WHETHER IN AN ACCOMPLISHMENT OF AGREEMENT, NEGLIGENCE OR OTHER TORT, ARISING OUT OF OR IN CORRELATION WITH THE AVAILABILITY, USE, DEPENDENCE OR INCAPABILITY TO USE ANY INFORMATON ACCESIBLE FROM THIS SITE OR A LINKED SITE. IN NO OCCASION SHALL AvionTEq'S TOTAL ACCOUNTABILITY FOR CLAIMS DAMAGES AND CAUSES OF ACTION OF ANY KIND.
Links to Other Web Sites
AvionTEq doesn't make any endorsements and is not accountable or responsible in any manner for any information, promotion, supplies or services on or obtainable from a different web site which you may have access through this one.
Use of Materials
The resources showed on this site including, but not limited to, all written material images, illustrations, art work and other graphical content, and AvionTEq'S logos, trademarks and service marks are the property of or owned by AvionTEq Any material from this site may be showed and printed exclusively for your private, non commercial use, provided that you do not delete any trademarks, copyright notices or any other notice enclosed in such material. You also agree not to replicate, retransmit, allocate, distribute, sell, publish broadcast or otherwise use any content from this site without the express prior approval of AvionTEq or the proprietor of the intellectual property.
Visitors of this site may opt to willingly provide information by requiring added information about a specific product or service. Personally identifiable information of private users will not be sold to unaffiliated third parties.
Jurisdiction/Choice of Law/Cause of Action
This agreement constitutes the whole conformity between you and AvionTEq overruling any prior agreements between you and AvionTEq You consent to be bound by the laws of the State of California with no regard to its conflicts of law principles. Moreover, you agree to present to the personal jurisdictions of the state and federal courts of Los Angeles, California United States of America for the motion of any argument resulting hereunder or from the use of this site.
AvionTEq's failure to insist upon or impose strict performance of any condition of this agreement shall not be constituted, as a waiver of any stipulation or right. If any requirements of this Agreement is found by a court of capable jurisdictions to be suitable, that stipulation will be imposed to the utmost degree allowable, and the remaining requirements will remain in effect.