ACCEPTANCE AND ACKNOWLEDGMENT
The Terms & Conditions on the following pages are a material part of the Customer’s Purchase Order (PO) and are fully incorporated in and by reference made a part thereof. On request, Florida Jet Parts, LLC (FJP) will acknowledge receipt and acceptance or rejection of a Customer’s hard copy PO by fax or email, within one (1) to two (2) working days.
Minimum orders whether domestic or International are US $200.00 per Order, unless other terms have been agreed to in writing.
PRICING; PRICE CHANGES
Every effort will be made to maintain the quoted prices, which are valid for thirty (30) days, subject to change due to an increase in costs of materials, costs of manufacturing services or exigent circumstances or matters beyond our control. You will receive notice of any price change and will have an opportunity to cancel Your Order before the Order is shipped.
EXCHANGE ORDER TERMS
Core charges are billed in advance. All Core units must be returned within fifteen (15) days of the invoice date to avoid late fees, replacement cost, and other related administrative charges. At a minimum, a $ 100.00 US, per day late fee is incurred for any exchange Order where a core is not returned within calendar 15 days. To expedite Order processing, returned Cores must be accompanied by our Core Return Sheet, available from your sales representative. The failure to complete and submit a Core Return Sheet will result in additional administrative fees and any applicable taxes. The Returned Core must be a like part number, unless otherwise acknowledged by us, in writing. The core must have a legible data tag with part number and serial number on it or the return may be rejected. Customer must prepay all shipping charges for returning a core, including but not limited to freight, customs, duties, and taxes. Failure to do so may, at Customer’s expense, result in a rejection of the return shipment and additional charges.
Excessive repair / overhaul or other charges on a core unit, plus any additional freight charges are billed, due, and payable as incurred. A core value and core evaluation fee is due without exception if the core is found Beyond Economical Repair (BER). Core evaluation may take up to ninety (90) days from receipt; if additional evaluation time is needed you will be notified. Standard Exchange cannot be changed to Flat Rate Exchange without our written and signed approval.
FLAT RATE EXCHANGE
Flat Rate Exchange excludes cores that are found to be BER, previously disassembled or incomplete, or units tampered with or containing unauthorized parts.
LIFE LIMITED PART EXCHANGE
Without exception, time sensitive parts must have log book entries stating time since new (TSN), cycles since new (CSN), part number, serial number, aircraft model, aircraft serial number, aircraft tail number, A&P mechanicsignature and license number or FAA approved repair station license number and inspector’s stamp. To avoid late fees and/or outright billing of replacement costs Cores must be returned with each of these documents and all information completed.
RENTAL / LOANER ORDER TERMS
Rental/loaner prices are billed per week or fraction thereof plus recertification, unless otherwise stated by us in writing. A rental unit must be returned with documentation stating the exact hours and/or cycles the part has been used otherwise additional rental fees will be incurred and billed accordingly. Returned rental/loaner units are inspected and evaluated. Any abnormal conditions, damages, or defects or any repairs discovered or needed to a returned rental/loaner unit will incur additional charges.
AS REMOVED / REPAIRABLE TERMS
As Removed and Repairable (AR, RP) merchandise requiring an overhaul or repair is sold as is. If such a part is determined to be BER, then it can be returned for a full refund within thirty (30) calendar days from the date of sale, unless otherwise stated in writing. Such returned part must be accompanied by a work order from an FAA approved repair station expressly stating that it is BER.
Under no circumstance does FJP under this Order install parts or products, nor does it service the Aircraft. FJP cannot and will not verify suitability or correct usage of any item purchased or the parts under this Order and FJP is not and cannot be held responsible for misuse, whether intentional or not. You alone bear the responsibility to confirm and comply with any and all applicable laws, regulations, directives, or other regulatory matter and you are solely liable for any taxes related hereto.
FJP maintains complete traceability on all items. On written request a Certificate of Conformance will be supplied, at no cost. If a copy of the manufacturer’s certification is required, this requirement must be specifically noted on Your PO and may incur an additional charge. FAA 8130-3 “Authorized Release Certificate, Airworthiness Approval Tag” forms are issued as may be required with overhauled, serviceable, or new parts, unless otherwise noted.
SHIPMENT; RISK OF LOSS
The majority of items FJP offers are in stock. Stocked items are shipped the same day unless later delivery is requested in writing. You will be notified and a lead time will be provided for an out-of-stock item or back-ordered item. PLEASE TAKE NOTE: ALL ORDERS ARE SHIPPED F.O.B ORIGIN (Ft. Lauderdale, Florida). Orders over US $10,000 in value must be insured and incur an insurance fee of .5%, regardless of Customer’s request. Customer may elect to reject insurance on an Order below $10,000, but must complete and sign an “Insurance Release” form. Customer will indemnify and hold Florida Jet Parts harmless – for uninsured or underinsured goods – prior to the Order being filled. Insurance election forms may be obtained from a sales representative. PLEASE NOTE: FJP will not under any circumstances be liable for any Order for which the Customer rejected insurance. An Order without insurance becomes the property of the Customer once the Order ships.
Without altering the risk of loss described herein, damage due to shipping, transport, or any other reason must be reported in writing to FJP within forty-eight (48) hours, and where applicable claimed with the appropriate freight company. FJP in its sole discretion may accept late notice without doing so being deemed a waiver of any right, term, or condition of this Order. FJP will replace an Order only as described in this Order or its WARRANTY clause, when damage is due to improper packaging. FJP will not be liable for, including but not limited to, damage caused by a freight or shipping company’s neglect, loss of shipment, or delay.
Under certain limited circumstances or conditions, shipments of parts regularly carried in stock may be returned in FJP’s sole discretion. Such returns do not alter the risk of loss. Please contact your sales representative for a Return Material Authorization (RMA) number and return the parts within thirty (30) days of invoice date. Customers who do not obtain an RMA are solely responsible for any excess costs incurred. Parts must be returned in the original Florida Jets Parts, LLC packaging and returned with the original traceability paperwork provided. All items approved for return are subject to a restocking fee of 20% of the original Order price plus any re-certification fee. Customer solely incurs and alone must prepay all shipping or freight charges or expenses relating to or arising out of the return of a part, including but not limited to shipping, freight, customs, duties, and taxes. Shipping or freight charges are non-refundable. Failure to prepay such charges or expenses relating to an approved return may result in FJP rejecting the return of any item.
Standard Payment Terms are net fifteen (15) days from the date of the invoice. Acceptable payment options for each Order is by electronic wire transfer, by cash, or by major credit card (Visa, MasterCard, or American Express) with credit card authorization and approval. Checks written on a local bank or COD Orders are accepted only with prior written consent. If accepted, a COD Order is subject to the applicable carrier’s COD charges, a $350.00 convenience charge, plus any handling and restocking fees and shipping or freight charges. Customer will not claim or take a set off or deduction in any payment due on any Order or return.
Invoices unpaid after 15 days from the date of the invoice will begin to accrue late payment service charges at the rate of 1.5% per month, beginning on the 16th day from the date of the invoice until paid and will incur any collection costs or fees, including legal costs and attorney’s fees. At no time will interest exceed the maximum rate allowable by law. Accounts with unpaid balances over sixty (60) days will be placed on credit hold without waiver of any other right. FJP 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.
Customers seeking credit terms, but who have not established credit with FJP must obtain, fill out, and sign an “Application for Credit and Personal Guaranty” form available from a sales representative. The Applicant for Credit consents to FJP obtaining credit or other information about the Applicant to be used at any time in connection with establishing the account hereby applied for; and consents to and authorizes the release of any credit and financial information held by any bank, trade reference, mortgage holder, or landlord and any credit reporting agency, and expressly consents to FJP obtaining a consumer credit report of the undersigned and a business credit report of the Applicant for the purposes of evaluating credit worthiness. Once completed and signed and returned, the application will be reviewed and if approved in FJP’s sole discretion, credit terms may be offered on the terms expressed in writing on any Order purchased on credit.
Customer is obligated to pay all taxes due whether imposed, levied, collected, withheld, or assessed now or later by any governmental body on account of the goods and services ordered or rendered hereunder.
FLORIDA JET PARTS, LLC MAKES NO WARRANTY EXPRESSED, WRITTEN, OR IMPLIED ON ANY ITEM SOLD UNDER THIS ORDER AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABIITY AND FITNESS FOR A PARTICULAR PURPOSE, EXCEPT AS STATED HEREIN. NEW (OEM), OVERHAULED (OHC), OR SERVICEABLE (SVC) PARTS ARE WARRANTED TO BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP AT THE TIME OF DELIVERY. WARRANTY IS SIX (6) MONTHS FROM THE DATE OF SHIPMENT FOR OEM, OHC, OR SVC, NEW SURPLUS (NS) PARTS, OR FOR ANY FLAT RATE EXCHANGE (FRE) PART. ALL DESCRIPTIONS GIVEN AS TO FUNCTION ARE FOR REFERENCE ONLY AND ARE NOT A GUARANTEE. SOME TRAJECTORY BASED OPERATIONS (TBO) CONTROLLED UNITS WILL HAVE AN HOUR, CYCLE, OR TIME WARRANTY LIMIT AND SUCH UNITS WILL BE NOTED AS PRORATED/LIMITED WARRANTY. LIMITED WARRANTY UNITS MUST BE SENT IN FOR WARRANTY REPAIR. IF TIME DOES NOT PERMIT THEN A PRORATED EXCHANGE WILL BE MADE AVAILABLE FOR LIMITED WARRANTY UNITS. WHEELS WITH A TIRE CARRY A WARRANTY ON THE WHEEL ONLY. TIRES ARE NOT WARRANTED. BRAKES MUST BE SENT IN FOR WARRANTY REPAIR. OFF THE SHELF REPLACEMENT IS NOT APPLICABLE FORTIRES AND BRAKES.
PRODUCT MANUFACTURERS’ WARRANTIES MAY EXIST AND BE AVAILABLE. THE BENEFIT OF ANY SUCH WARRANTY BY A MANUFACTURER, ITS SUPPLIERS, OR OTHERS TRANSFERS TO CUSTOMER. FJP DOES NOT ASSUME ANY RESPONSIBILITY TO PROVIDE WARRANTY INFORMATION ON ANY PRODUCT SOLD ON BEHALF OF ANOTHER.
If within the time stated above an OEN, OHC, SVC, NS, or FRE part is found to be defective in material or workmanship, FJP will, if it confirms the existence of the defect, replace such defective part at its own expense with reasonable promptness or will refund the invoice price. The Customer is required to provide FJP with writtennotice of a claimed defect, including reasonable proof that the defect is covered by the warranty, within two (2) weeks after the defect becomes apparent, but in no event later than six (6) months from the Invoice date. If a replacement unit is supplied prior to evaluation of such part, FJP will invoice the replacement unit at the current price until such evaluation can be made on the warranty unit. FJP will cover shipping charges, involved in obtaining a replacement and/or returning a warranty unit only up to a maximum of $250.00. If FJP is unable to verify the claimed defect, then any fees incurred to return the unit to the original condition – as sold – plus a $350.00 processing and handling fee will be incurred and due.
THE LIMITED WARRANTY OBLIGATIONS DESCRIBED HEREIN ARE SUBJECT TO THE FOLLOWING CONDITIONS: (1) The warranted product has been used under normal operating conditions, has been serviced regularly as established by the original product manufacturer, applicable FAA Regulations and Directives, and has not been subject to misuse, neglect, accident, or improper handling, installation, maintenance, or application. (2) The warranted product has not been tampered with, altered or repaired. (3) Customer has within the warranty period notified FJP (in writing and within thirty (30) days after a defect is discovered) of a claim of defective workmanship or material and the specific factual basis for such claim. (4) This Limited Warranty expressly excludes from its coverage any labor charges for removal or installation of a defective, repaired, substituted, or replaced product. (5) When returned for warranty service, the warranted product shall be accompanied by all of the documentation originally delivered with the product. (6) Customer will ship the warranted product to FJP at its designated address at Customer’s own expense and risk of loss. (7) Warranty coverage is for workmanship only except as may otherwise be stated herein. Any warranty claim for a transferred warranty shall be made in conjunction with the warranty and policies of the product manufacturer.
THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF.
LIMITATION ON LIABILITY
EXCEPT FOR ACTIONS OR CLAIMS ARISING FROM THE GROSS NEGLIGENCE OR INTENTIONAL OR WILLFUL MISCONDUCT, FJP’S LIABILITY FOR BREACH OF ANY OBLIGATIONS WITH RESPECT TO THE SALE OF THE PART IS LIMITED SOLELY TO THE REFUND OF THE INVOICE PRICE OF THE PRODUCT OR REPLACEMENT OF THE PRODUCT, AT ITS OPTION. THIS LIMITATION EXPRESSLY EXCLUDES ANY LIABILITY FOR LABOR, COST OF INSTALLATION OF THE PRODUCT OR REMOVAL OF THE PRODUCT AND EXCLUDES ANY LIABLITY FOR LOST PROFITS OR FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGE FOR LOSS OF USE, LOST OPPORTUNITIES, OR CLAIMS OF CUSTOMER OR ANY OTHER PERSON OR ENTITY IF ANY, WHICH MAY ARISE AND OR RESULT FROM THE SALE, INSTALLATION, OR USE OF AN ORDERED PRODUCT.
BY PURCHASING, USING, OR INSTALLING THE PRODUCT, CUSTOMER AGREES TO ALL OF THESE TERMS. FJP DOES NOT ASSUME AND DISCLAIMS ANY RESPONSIBILITY FOR PERSONAL INJURY, NEGLIGENCE, OR OTHER INJURY ARISING OUT OF THE USE OF ANY ITEM PURCHASED IN THIS ORDER.
ENTIRE AGREEMENT & MODIFICATIONS: This Order, and any attachments, amendments, modifications, or changes, in writing – if signed by FJP contains all of the agreements, understandings, promises, covenants, commitments, representations, terms, conditions, and warranties made by or between the Parties hereto with respect to the subject matter hereof, and it terminates and supersedes any prior oral or written agreement. Any modification or amendment to this Order must be in writing and signed by the Party against whom enforcement of the modification or amendment is sought.
SEVERABILITY: If any provision herein or its application is determined to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision or application of this Order and, to this end, the provisions of this Order are severable. Each party’s obligations under the provisions herein survive the completion of this Order.
COUNTERPARTS: The Parties may sign this Order/Contract in one or more counterparts (including by means of facsimile or electronic portable document format (PDF)), each of which is to be treated as an original but all of which together constitute one instrument.
ELECTRONIC SIGNATURES: In accordance with the Electronic Signature Act, each Party agrees that this Order and any other documents delivered in connection herewith, including credit card authorizations may be electronically signed and returned to the other Party. Each Party agrees that any electronic signatures appearing on this Order, or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility. “Electronic signature” means any letters, characters, or symbols, manifested by electronic or similar means, executed, or adopted by a Party with an intent to authenticate a writing. A writing is considered electronically signed if an electronic signature is logically associated with such writing. The Parties may use electronic signatures for all purposes for which the Party may have used an original signature. The Parties further waive any right to challenge the admissibility or authenticity of this Contract in a court of law based solely on the use of an electronic signature or the absence of an original “wet ink” signature.
GOVERNING LAW; PERSONAL JURISDICTION AND VENUE; PREVAILING PARTY FEES: This Order/Contract is governed, construed, and enforced in accordance with the laws of the State of Florida. Each Party submits to personal jurisdiction for any action arising out of or relating to this Order or to the Parties’ relationship, and each Party fully understands and voluntarily waives any right to object to personal jurisdiction in Florida. Venue for any litigation arising from or relating to this Order is exclusively in a state or federal court located in Broward County, Florida. The Parties further agree that if a claim arises from or relates or pertains to this Order/Contract or to the parties’ relationship or if any legal action is initiated arising from or relating to the Order the prevailing party in any such claim or action shall be entitled to an award of all reasonable costs, pre and post judgment interest, and expenses (including expert witness fees), and trial and appellate attorneys’ fees.
JURY TRIAL WAIVER: EACH PARTY TO THIS ORDER FREELY, VOLUNTARILY, AND WITH FULL KNOWLEDGE OF THE CONSEQUENCES HEREBY WAIVES ANY RIGHT TO A JURY TRIAL IN ANY LITIGATION OR PROCEEDING ARISING FROM OR RELATING TO THIS CONTRACT, THE PARTIES’ RELATIONSHIP, OR ANY GOODS OR SERVICES PROVIDED.