Sales Terms & Conditions
Agreement
These terms and conditions, along with any quotations, purchase orders (hereafter, "Order/s"), and any attachments, agreements, specifications, drawings, notes, instructions, and other information, whether physically attached or incorporated by reference (collectively the "Agreement"), constitute the entire and exclusive agreement between Ross Aviation Limited (hereafter, "Seller"), or on behalf of a "Subcontractor", and the customer (hereafter, "Buyer") regarding the sale of aircraft parts and assemblies and/or repair/overhaul by subcontract ("Products/Services").
Acceptance Of Terms and Conditions
The terms and conditions of this document contain the entire Agreement of the parties relating to the sale of the Products/Services, regardless of any inconsistent or additional terms or conditions in any other document, and supersede all previous understandings, negotiations, and proposals. Amendments or discharges must be in writing and approved by both parties. Seller proposals are based upon Buyer acceptance of these terms and conditions unless otherwise agreed in writing by both parties. Any Buyer terms and conditions on the purchase order are excluded. Seller's acknowledgment of receipt of a purchase order does not constitute acceptance by Seller. Seller's acceptance of an order is subject exclusively to Buyer acceptance of these terms and conditions. In case of conflict between the terms and conditions of the Agreement and any other document, these terms and conditions shall prevail. If Buyer does not agree to these terms and conditions, the purchase order will not be processed.
Quotations
Prices are in British Pound Sterling (GBP) unless otherwise specified. Quotations to the Buyer are valid for 60-days or while stocks remain available. Quotation pricing is based on the unit of measure requested. If line items or quantities change, prices may vary accordingly. Quotation prices do not include VAT and are subject to change without notice. Quotation validity is subject to shipping requirements and/or payment terms.
Price
All prices are EXW (Ex Works) from Seller’s facility. Buyer is responsible for additional transportation charges, including insurance, taxes, duties, or other similar charges.
Minimum Purchase Order Amount
All orders from Seller are subject to a minimum order amount of £10.00 GBP for United Kingdom domestic orders and £50.00 GBP for international orders (Seller also accepts €50.00 EUR or $50.00 USD).
Payment
Buyer must make payment arrangements prior to shipment of each order. Pre-payment options are available (e.g. credit card payment or wire transfer). Payment fees may apply. Payment terms for credit-based accounts, subject to Seller approval, are Net 30 days from the invoice date. We reserve the right to charge interest on past due balances. Seller reserves the right to alter or suspend credit or change credit terms. Where payment is made by wire transfer, Buyer is responsible for all banking fees. At Seller's option, Seller may repossess Products/Services for which payment has not been made.
Credit Card Fee
Orders paid by credit card will incur a 3% convenience fee regardless of value. The credit card fee is not refundable.
Wire Transfer Fee
Buyer is responsible for paying all wire transfer fees. International Orders will be charged $25.00 USD or €25.00 EUR for Seller’s bank fees, depending on the payment currency. No additional fee will be added for domestic transfers.
Website Usage
By using Seller’s website, Buyer accepts these terms and conditions in full. While Seller strives to ensure that all information is accurate and up-to-date, Seller cannot guarantee the absolute accuracy of the data. Prices and availability are subject to change without notice. Buyer agrees to use Seller’s website only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else's use of the website.
Packaging and Shipping
All Products/Services shall be packaged to prevent damage in transit and will be properly marked, including notice of hazardous substances, if applicable. No charge will be made by Seller for packaging or crating unless previously stated and agreed upon by Buyer. Buyer is responsible for all shipping and freight charges. Seller shall ship per Buyer instructions indicated in the order unless otherwise directed by Buyer. Products/Services shipped may include applicable OEM documentation, Seller's Certificate of Conformance, and/or a packing list.
Allowable Tolerances
No measuring equipment requiring verification or calibration is used by the Seller. Allowable tolerances are within five percent (+/-5%) of Buyer's requested quantities. For delivery shortages, Buyer may, without further recourse, direct Seller to fulfil any shortfall. Buyer will return or purchase, at its option, Products/Services delivered in excess of quantities requested in Buyer's purchase order.
Aircraft on Ground (AOG) Services
AOG services are available Monday to Friday from 08:00 to 17:00. No AOG fee will be charged within office hours. AOG services outside office hours will be considered on a case-by-case basis at the discretion of the Seller and will incur an AOG fee.
Risk of Loss
Risk of loss of Products/Services purchased shall be borne by Buyer after the Products/Services are shipped by Seller from the dispatch point. Buyer shall be responsible for any claims for personal or property damage caused by such Products/Services or by the transportation thereof.
Delivery and Inspection
Products/Services are guaranteed to be supplied with the paperwork quoted. All Products/Services shall be subject to inspection and approval at the destination by Buyer or its authorised representative after delivery. Buyer is responsible for inspecting and determining the airworthiness of the invoiced item(s) prior to installation. Payment of Products/Services shall not be deemed acceptance or waiver of any right to inspect such Products/Services. Discrepancies with the order must be notified within 3 working days of delivery. If the incorrect part has been ordered and the package opened, this will invalidate the refund. This includes parts that have been installed. If unopened, a refund will be given.
Exchange and Repair Management
For exchange, Buyer agrees to return a normal repairable core of the same part number, to Seller within 30 days of the invoice date. Buyer is subject to a core deposit fee upfront prior to shipping. This payment will be released once the core has been returned. For repair management, the Subcontractor will be specified in the Seller's quotation, and the core will remain Buyer's property until it has been delivered back to the Buyer. Cores may be subject to additional charges if the Subcontractor's standard repair/overhaul charges are exceeded.
Warranty
Buyer acknowledges that it is their responsibility to determine the airworthiness of the Products/Services. New items will be covered by a standard 30-day warranty from the date of delivery. Items repaired or overhauled by a Subcontrator will be covered by their warranty and this will be handled on a case-by-case basis. Any faulty repair/overhaul items must be returned with an unserviceable tag clearly identifying the reason, accompanied by the log card showing updated hours.
Return Policy
NE (New Equipment) or NS (New Surplus) Products/Services can be returned within 30 days of the shipping date for full credit. Parts being returned may be subject to a 15% restocking fee. Unless prior arrangement has been made, Buyer is responsible for taxes, fees, and transportation costs. Seller does not accept returned Products/Services which have been installed. Products/Services must be returned with all documentation and packaging shipped by Seller. Products/Services returned without original documentation will be subject to a restocking fee and issued a pro-rated refund. Seller reserves the right to replace any unsatisfactory Products/Services and to refuse any unauthorised returns. A Return Authorisation issued by Seller is required for the return of all Products/Services.
Ownership of Intellectual Property
All drawings, designs, specifications, inventions, devices, developments, processes, copyrights, and other information of Intellectual Property disclosed or otherwise provided to Buyer by Seller and all rights therein will remain the property of Seller and will be kept confidential by Buyer.
Indemnity
Buyer will not be responsible for Seller from and against all liabilities, claims, losses, and damages of any nature, including all expenses (including legal fees), costs, and judgments for property damage or injury to, or death of any person, arising out of or related to the use, operation, repair, maintenance, or disposition of Products/Services provided under any Order.
Governing Law
The terms and conditions between Seller and Buyer will be interpreted under and governed by the laws of the United Kingdom and shall not be invoked for the purpose of applying the laws of another jurisdiction. Any legal action shall be filed in the court of jurisdiction in the United Kingdom.
Export Control
The sale, resale, or other disposition of Products/Services and any related technology or documentation are subject to the export control laws and regulations of the United Kingdom and may be subject to export and/or import control laws of other countries. Buyer agrees to comply with all such laws and acknowledges its responsibility to obtain any license to export, re-export, transfer, or import as required. Seller reserves the right not to ship Products/Services if such shipment would violate export control laws. Buyer shall indemnify and hold Seller harmless from any liability arising from Buyer's non-compliance with this agreement.
Confidential Information
Buyer will treat all information shared by Seller as confidential and will use and disclose such information only as authorised by Seller. Buyer shall not disclose or use confidential information for any purpose and agrees to notify Seller immediately upon learning of any unauthorised distribution, disclosure, or use of confidential information.
Assignment
Buyer may not assign or transfer any duties of the terms and conditions without prior written approval of Seller.
Severability
If any provision of the terms and conditions is ineffective or unenforceable, such provision will be changed to accomplish the objectives of the provision to the greatest extent possible, and the remainder of the agreement shall remain in full force and effect.
Waiver
Failure to insist on performance of any term or condition or failure to exercise any rights shall not constitute a waiver of any rights under the terms and conditions.
Relationship
The relationship of Buyer with Seller is that of an independent contractor. Buyer will not have, and will not represent that it has, any power, right, or authority to bind Seller or to assume or create any obligation or responsibility on behalf of Seller, except as expressly provided herein.
Notices
All communications between Seller and Buyer must be in writing.