Applicability
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.
Price Quotes
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:
- Country of final destination
- Department of State export license number and expiration date, if applicable
- Aircraft or applicable end item
- AvionTEq quotation number
- Government contract number, if for resale to the U.S. or a foreign government
Payment Terms
Shipments to a Customer who has not established credit terms will be made on Advance Payment or Cash On Delivery terms. Invoices will be emailed, electronically transmitted, or mailed 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.
Credit Application
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.
Export Restrictions
Customer agrees that all products, software, technology, and technical data supplied by AvionTEq shall be exported, re-exported, transferred, or used only in compliance with EAR, ITAR, OFAC, and other applicable U.S. export laws.
Customer shall obtain all required licenses and provide end-user and compliance documentation. AvionTEq reserves the right to suspend, delay, hold, or cancel any order, shipment, service, or transaction if export compliance concerns or regulatory risks are identified. AvionTEq may also request additional information or documentation to verify the end user, end use, destination, consignee, purchaser, and compliance with applicable U.S. export control and sanctions regulations prior to shipment or completion of the transaction.
Export Compliance Agreement
The parties acknowledge that the sale of the products hereunder shall be subject to the export control laws of the United States which may include, without limitation, the U.S. Export Administration Regulations ("EAR"), the International Traffic In Arms Regulations ("ITAR") and the trade sanctions programs administered by the Office of Foreign Assets Control ("OFAC") within the U.S. Treasury Department, as amended from time to time (collectively the "Export Control Laws"). Purchaser agrees that all actions taken by it in furtherance of fulfillment of this Agreement shall be in compliance with applicable Export Control Laws, including the following:
(a) Purchaser acknowledges that the purchase of the Products may be subject to export licensing requirements and restrictions on resale to certain destinations and parties under the Export Control laws. (1) Purchaser shall not sell, export, reexport, transfer or deliver the Products supplied under this Agreement outside of the geographic area authorized by the AvionTEq without the authorization of the AvionTEq; (2) Purchaser shall comply with the terms and provisions of all licenses and authorizations as may be required for the delivery and use of the Product; (3) Purchaser will obtain all applicable U.S. export licenses and other approvals required by the U.S. Government prior to the transfer or reexport of any of the Products; and (4) Purchaser will comply with all other applicable requirements under the Export Control Laws.
(b) It is the AvionTEq's policy to verify the end use and end user of all products sold to assure compliance with the Export Control Laws. Purchaser shall not sell, export, reexport, transfer or deliver the Products to destinations and parties other than as set forth in End Use Statements as stated above, nor permit any third parties to do the same without the express written consent of the AvionTEq.
(c) Purchaser shall comply with all applicable U.S. sanctions laws and export restrictions, including OFAC, EAR, and ITAR regulations, as amended from time to time.
(d) Purchaser shall not sell, export, reexport, transfer or deliver the products supplied under this Agreement to any parties that are designated:
(i) on the List of Specially Designated Nationals and Blocked Persons or other Sanctions Lists maintained by OFAC (currently published at the Internet address http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx) or to any entities that are owned or controlled by any of such parties, or (ii) on the Denied Persons List, Unverified List or Entity List published by the Bureau of Industry and Security within the U.S. Department of Commerce (currently published at the Internet address http://export.gov/ecr/eg_main_023148.asp). Purchaser further represents than neither it nor any of its officers, directors, shareholders, principals or employees are listed on any of such lists.
(e) Purchaser agrees that the Products will not be used in nuclear products, projects or activities, the design, development, production, use or stockpiling of nuclear, chemical or biological weapons, missiles or missile delivery systems, in products or facilities which engage in
activities relating to such weapons or systems, terrorist activity nor any other activities prohibited under Part 744 of the Export Administration Regulations.
(f) Purchaser represents that it shall cooperate fully with the AvionTEq in furnishing the AvionTEq with all necessary information and certificates, including end-user certificates, that it may require in order to obtain licenses, comply with export recordkeeping requirements and otherwise comply with the Export Control Laws, and further represents that to the best of its knowledge all such information and certificates shall be correct and complete.
Shipping
Risk of loss and title transfer to Customer upon delivery to the carrier unless otherwise
agreed in writing. Customer is responsible for filing carrier claims where applicable.
Import Duties, Tariffs & Government Charges
Customer is responsible for import duties, tariffs, customs fees, brokerage charges, taxes,
VAT, GST, and governmental assessments unless otherwise agreed in writing.
Force Majeure
AvionTEq shall not be liable for delays caused by supplier shortages, OEM delays, customs
delays, transportation interruptions, government actions, labor disputes, natural disasters,
pandemics, or events beyond reasonable control.
Calibration Disclaimer
Calibration certificates and reports reflect equipment condition only at time of testing.
Warranty
Refurbished equipment includes six (6) months warranty unless otherwise specified. New equipment carries OEM warranty when applicable.
Warranty excludes misuse, neglect, unauthorized repair, alteration, accident, or improper installation. Buyer shall inspect goods within three (3) business days following delivery. AvionTEq liability shall not exceed purchase price paid.
Non-Cancelable / Non-Returnable
OEM direct orders, factory new special-order items, configured products, software licenses,
and designated products may be Non-Cancelable / Non-Returnable (“NCNR”).
Return Policy
Certain merchandise may be eligible for repair or replacement under warranty, or for an account credit, refund, or replacement within a specified time frame from the shipment date. Eligibility is determined by the condition of the item and the manufacturer’s return policies.
To proceed, all conditions must be met, and you must contact an AvionTEq Sales Representative to obtain a Return Material Authorization (RMA).
Return Merchandise Authorization (RMA)
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RMA Requirement:
A Return Materials Authorization (RMA) number is required for all returns. The RMA number must be visible on the shipping labels, and a printed copy of the RMA must be included with all returns.
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RMA Validity:
An RMA is valid for 15 days from the date of issuance.
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Return Conditions:
- The unit must be returned in a new, resalable, and uninstalled condition.
- Items must be packed in the original manufacturer or AvionTEq box with sufficient protective packing materials, with no markings or labels on the box.
- The package must be complete with all components originally shipped, including manuals, instructions, warranty registration cards, certificate of conformance, and any applicable calibration report(s).
- The client will be responsible for all transportation charges to AvionTEq, including all import taxes, duties, and tariffs when applicable. Upon evaluation and confirmation of warranty coverage, AvionTEq may allow economy-level shipment back to the client on AvionTEq’s account.
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Mis-ship Claims:
Mis-ships must be claimed within 15 days of the AvionTEq invoice date.
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Return Evaluation:
- The product will be returned to the client under the following circumstances, and the client will be responsible for all transportation and evaluation fees:
- If the product is returned missing any components sent with the original order.
- If the condition of the returned product is in any way misrepresented.
- If the received product is damaged in any way.
- If there is no valid and visible RMA.
- If the product returned is tested and found to be fully functional.
- If the product is received more than 15 days after the RMA number is issued.
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Re-stocking Fees and Additional Charges:
- Returns beyond the 30-day period will be considered on a case-by-case basis upon return, evaluation, and approval.
- A minimum 25% restocking fee applies to returns.
- Applicable additional test and recertification charges may apply.
- Only AvionTEq account credit will be issued for returns.
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Purchaser Agreement:
Purchasers agree to abide by the findings of our technical support department.
General Legal Disclaimer
Please read this Agreement cautiously prior to accessing or using this web site, which is owned and operated by AvionTEq. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. 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 shall not be liable 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 on this website 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 particular 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 EVENT SHALL AvionTEq BE ACCOUNTABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR RESULTING DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS , SERVICES OR TECHNOLOGY, LOSS OF DATA OR INFORMATION, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES WHETHER IN A BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT, ARISING OUT OF OR IN CORRELATION WITH THE AVAILABILITY, USE, DEPENDENCE OR INCAPABILITY TO USE ANY INFORMATION ACCESIBLE FROM THIS SITE OR A LINKED SITE. AvionTEq total liability shall not exceed amounts paid by Customer for products or services giving rise to claim.
Links to Other Websites
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.
Privacy Notice
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.
Jurisdiction/Choice of Law/Cause of Action
This agreement constitutes the entire agreement 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 competent jurisdictions to be suitable, that stipulation will be imposed to the utmost degree allowable, and the remaining requirements will remain in effect.
Acceptance of Terms
By accessing this website, requesting quotations, submitting purchase orders, making payments,
accepting delivery of products or services, or otherwise conducting business with AvionTEq,
Customer acknowledges that it has read, understood, and agrees to be bound by AvionTEq's
Terms and Conditions of Sale, Return Policy, Export Compliance Requirements, and all applicable
policies referenced herein.