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General Terms and Conditions of Sale
Aviatec Global Aviation GmbH & Co. KG
General/Applicability
The following requirements define the terms and conditions to all offers and orders of products and
services and to all agreements with Aviatec Global Aviation GmbH & Co. KG (Aviatec Global Aviation).
The applicability of terms and conditions of other third parties or customers of Aviatec Global
Aviation GmbH & Co. KG is hereby definitely excluded. Regulations that deviate from these terms
and conditions can be referred by the Customer only if and to extent that these regulations are
accepted by Aviatec Global Aviation GmbH & Co. KG in writing.
Quotations, Orders and Agreements
All Quotations from Aviatec Global Aviation are non-binding. Unless otherwise stated all offered
prices will be valid for 30 days. Aviatec Global Aviation takes out the right that stock is subject to
prior sale. Orders and acceptance of quotations by the customer are irrevocable. A customer placed
purchase order acknowledged by Aviatec Global Aviation cannot be cancelled by the customer
without Aviatec Global Aviation written permission. Customer is fully liable for any applicable
cancellation charges up to the sales price incl. charges of the parts and/or services ordered.
Only fixed written orders are binding. Verbal engagements or agreements by or with Aviatec Global
Aviation staff do not bind Aviatec Global Aviation apart from and insofar as Aviatec Global Aviation
confirms these in writing. These terms apply to any agreement changes.
Unless otherwise stated, amounts include the cost of standard packaging and the certificate of
conformity. The price of the goods shall exclusive of any value added tax which amount the buyer
will pay in addition. Aviatec Global Aviation reserves the right to charge packing costs according to
expenditures for orders below one hundred fifty EURO (150€).
Delivery Times and Terms
Delivery Terms are FREE CARRIER Henstedt-Ulzburg (FCA) as referred to in the INCOTERMS2010
unless stated differently. All shipment and delivery dates are approximate dates only. Aviatec Global
Aviation has the right to deliver products or services in part and/or services ordered. For
consequences of delays in delivery, including resulting demands, Aviatec Global Aviation shall not be
held responsible by the customer or other third parties.
Acceptance
The customer is obliged to take physical acceptance of the goods at the agreed location at the time
of arrival. Complaints, claims and losses regarding the goods or short-shipments are to be made
within ten (10) days after receipt of the goods. After this period goods are considered accepted.
Replacement, repair or reimbursement can only take place after written confirmation by Aviatec
Global Aviation.
Payment
Payment must take place within thirty (30) days after the invoice date unless agreed otherwise.
Aviatec Global Aviation has however at all times the right to claim full or partial payment in advance
and/or otherwise to obtain security for payment. The customer waives any right to set off amounts
charged by and between parties. Warranty claims do not suspend the payment obligations of the
customer.
Reservation of Ownership
The property in the goods delivered shall remain the property of Aviatec Global Aviation GmbH & Co.
KG (reservation of title goods) and shall not pass to the customer until he has made payment in full
of all sums due to ourselves under this or any other contracts between Aviatec Global Aviation GmbH
& Co. KG and the customer. Until then, the goods shall not be pledged nor transferred as security.
The customer must immediately inform us in the event of attachment, impounding or other
measures by third parties. The customer is liable for any costs or actions of intervention.
As long as the property of the goods remains the property of Aviatec Global Aviation GmbH & Co. KG,
we shall be at liberty at any time to retake possession thereof and for that purpose to enter upon any
premises of the customer. The customer shall insure the goods in the joint names of the customer
and Aviatec Global Aviation GmbH & Co. KG. If, prior to the passing of the property of the goods to
the customer, he shall make any addition or alteration in the goods or process or incorporate in
other goods, the ownership of the goods as added to, altered, processed or incorporated in shall
remain ours. Should the customer dispose the goods supplied, irrespective of their state, he assigns
to us by acceptance of these conditions all proceeds, claims and ancillary rights he may obtain by
reason of such disposal. The assignment is limited to the proportional amount, with precedence over
all other rights of the respective claim which corresponds to the purchase price of the goods
disposed of, payable when the buyer obtained them from Aviatec Global Aviation GmbH & Co. KG.
Limited Warranty
Goods are warranted only in accordance with the limited warranty of the manufacturer of the goods
supplied. Customer acknowledges that Aviatec Global Aviation is passing through to Customer only
the manufacturer’s warranty for the goods and that Customer and the ultimate purchaser shall look
solely to the manufacturer of the goods for all warranty claims, defects and the like. Customer
hereby waives, releases and renounces all other warranties, guarantees, representations, obligations
and liabilities of Aviatec Global Aviation and acknowledges that the Customer MAKES NO WARRANTY
EITHER EXPRESS OR IMPLIED AND MAKES NO WARRANTIES OF MERCHANTABILITY OR ANY
WARRANTY OF FITNESS FOR PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. In case of defects
for which claims are submitted in a timely fashion, Aviatec Global Aviation will at its own option
either redeliver conforming goods to customer at no cost, or credit the customer as far as reasonable
in whole or in part the invoice value of the goods in question.
Liability and Indemnity
In no event shall either party be liable for, nor shall either party recover for any incidental or
consequential losses, expenses or damages, except that the customer shall indemnify and hold
Aviatec Global Aviation harmless for all losses, expenses and damages claimed or incurred by third
parties, which may occur in connection with the goods sold or use of the goods. The customer shall
look solely to the manufacturer as to any alleged patent, copyright or trademark infringement claims.
Aviatec Global Aviation’ sole and exclusive maximum liability, whether based in contract, tort, or
otherwise, shall not in any event exceed the purchase price actually paid by the customer for the
particular goods at issue.
Force Majeure
Aviatec Global Aviation reserves the right to defer the date of delivery or to cancel the contract
without liability or reduce the goods quantity ordered by the customer (without liability to the
customer) if it is prevented from or delayed in the carrying on its business due to circumstances
beyond the reasonable control of Aviatec Global Aviation including, without limitation, governmental
actions, war, terrorism, national emergency, riot, fire explosion, flood, strikes, lock out or other labor
disputes, failure of energy sources or transport network, acts of God, import restrictions, or
restraints or delays affecting carries or delay in obtaining supplies or adequate or suitable materials.
Confidentiality
All documents and/or pricing and other trade related information submitted by Aviatec Global
Aviation in any form whatsoever, including hardcopy or electronic medium, in connection with
quotations or orders, will remain property of Aviatec Global Aviation. Under no circumstances is it
allowed to show, hand out, copy or submit such to third parties without express prior written
consent by Aviatec Global Aviation.
Applicable law
All sales and service agreements between Aviatec Global Aviation and its customer are subject to
German law. The application of the UN Convention of Contracts for International Sales of Goods is
excluded. Any dispute arising out of these terms shall be within the exclusive jurisdiction of the
commercial court of Kiel, Germany.
Compliance with law and regulations
Customer shall prevent the sale, assignment or transfer of parts or services to persons, which are
denied, debarred or sanctioned by the United Nations or by the governments of the USA, European
Community or Germany. Upon request, customer informs Aviatec Global Aviation about the final
end-user, the application of the goods and the other parties involved in the transfer of the goods to
the end-user. Aviatec Global Aviation is allowed to cancel the order from its customer, without being
held liable for any cancellation charges including penalties of customers and further third parties,
when the supply of the goods (directly or indirectly) is prohibited by the United Nations or by the
governments of the USA, the European Union or Germany or when customer does not provide the
requested end-user data.
REACh
In the event that REACh Regulation No. 1907/2006 applies and if customer makes a new use known
to Aviatec Global Aviation according to Art. 37.2 in order to extend the scope of registration of these
goods, its chemical elements and/or its compound as well as each mixture or solution supplied as
defined by Art 3.1 and Art. 3.2, it shall be responsible for providing all information and data which
are necessary for the update of the registration and bear any related additional costs.
Severability
In case one or more provisions of these terms and condition would be invalid or unenforceable, the
invalid or unenforceable part or provisions shall be replaced by a provision which accomplishes, to
the extent possible, the original intent of such part or provision in a valid and enforceable manner.
Failing such replacement, Aviatec Global Aviation shall have the option to cancel the entire
transaction or proceed based on the other provisions which remain valid.
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