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TERMS AND CONDITIONS OF SALE ORDER
Effective: 6/1/2011
ACCEPTANCE AND ACKNOWLEDGMENT
Any performance on the sales order (hereinafter referred to as S.O.) is
deemed an acceptance, without
exception, of the terms and conditions set
forth on the face of the sales order and in these terms and
conditions.
Upon your request, we will acknowledge receipt of hard copy purchase orders,
and their
acceptance or denial, via fax within one (1) working day.
ORDER MINIMUMS
Unless other terms have been agreed, minimum orders are $25 per domestic
order and $50 per
international order.
PRICING
Every effort will be made to maintain the quoted prices and will be valid
for thirty (30) days; however, prices
are subject to change (without notice) due
to changes in costs of material and/or manufacturing
services. If any change
occurs in pricing, you will be notified before your order is shipped, and
given
the opportunity to cancel your order.
EXCHANGE ORDER TERMS (All Types)
Core charge/s will be billed in advance unless prior arrangements have been made. To avoid late fees and/or outright billing of replacement cost, all core units must be returned to us within fifteen (15) days of receipt. A late fee may be charged to any exchange S.O. in which the core is not returned within thirty (30) days. The late fee is equal to 10% of the original price per week or a fraction there of. Cores being returned should be accompanied by a Core Return Sheet to help expedite the processing of the S.O. The Core Return Sheet will accompany the exchange part, or can be obtained by contacting your sales representative. The core must be a like part number unless otherwise stated in writing. It must have a legible data tag with part number and serial number on it or it may be rejected. All shipping charges, involved in returning a core, including but not limited to freight, customs, duties, and taxes must be prepaid by the Buyer. Failure to do so may result in refusal of the shipment at the Buyers’ expense.
STANDARD EXCHANGE (Additional Terms)
Excessive repair / overhaul charges on your core unit plus any additional freight charges incurred will be billed as they become available. If core is found Beyond Economical Repair (B.E.R.) then an additional charge for the replacement price will be due. Evaluation of your core may take up to ninety (90) days from receipt; if further time is needed we will notify you at that time. Standard Exchange cannot be changed to Flat Rate Exchange without written approval.
FLAT RATE EXCHANGE (Additional Terms)
Flat Rate Exchange excludes cores that are found, Beyond Economical Repair (B.E.R.), previously disassembled, incomplete, or units containing unauthorized parts.
LIFE LIMITED PART EXCHANGE ORDER TERMS (Additional Terms)
Time sensitive parts are required to 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
mechanic signature
and license number or FAA approved repair station license number and inspectors
stamp. To avoid late fees and/or outright billing of replacement cost required
cores must be returned
with these documents.
RENTAL / LOANER ORDER TERMS
Rental/loaner prices are billed per week or fraction thereof plus recertification,
unless otherwise stated
in writing. When returning the rental unit it must
have documentation with hours and/or cycles that
the part has been used
or additional rental fees may apply. Rental/loaner units will be sent out
for
evaluation and if any abnormal problems arise there may be additional
charges.
AS REMOVED / REPAIRABLE ORDER TERMS
As removed and repairable (AR, RP) merchandise is sold based on such part
requiring a
overhaul/repair, if such part is determined to be beyond economical
repair (B.E.R.) then it can
be returned for a full refund within thirty
(30) days from the date of sale, unless otherwise stated
in writing. Such
part must also have a copy of a work order from an FAA approved repair
station
stating that it is beyond economical repair (B.E.R.).
PAYMENT TERMS
Shipments to customers, who have not established credit terms will be made
on a C.O.D. basis,
charged to a credit card (VISA, MasterCard or American
Express only) or wire transfer. The bank
transfer information is available
online as an Adobe Acrobat PDF document. Click Here to download
the form
[29 kb]. Adobe Acrobat Reader is required to view the file. Click
here to get Adobe Reader. Invoices will be faxed at the time of shipment. Payments from customers
who have been
given
open terms should be mailed to the address shown on the invoice
within thirty (30) days of receipt
or else such payments will be subject
to an
interest charge of 1.5% per month until paid and any
collection costs
or fees incurred (unless special terms were arranged). Accounts with
unpaid
balances
over sixty (60) days will be placed on credit hold. March
Aviation, Inc. 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.
CERTIFICATION
March Aviation, Inc. maintains complete traceability on all items. Upon
request, at no additional
charge, a Certificate of Conformance can be
supplied. If
a copy of the manufacturer's certification
is required, this must be
stipulated on your purchase order and an additional charge may be
assessed.
FAA 8130-3
forms are issued with overhauled, serviceable or new parts unless
otherwise
noted.
DELIVERY
The majority of items we offer are in stock. Stocked items will be shipped
the same day unless
delayed delivery is requested. If we are temporarily
out of stock, you will be notified and a lead time
will be provided for
the back-ordered item. All orders will be shipped F.O.B. origin via the
arrangements
that have been made. Each order will be charged an insurance fee of .5%
unless we have an “Insurance
Release” form on file prior
to your order. The form is available online as an Adobe Acrobat PDF
document. Click Here
to download the form [216 kb]. Adobe Acrobat Reader is required to view
the file. Click
here to get Adobe Reader.
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PACKAGING
Special package markings (custom labeling) will be agreed upon at the
time your account is
established, with any exceptions noted clearly on
the purchase
order. Please contact your sales
representative to arrange for custom
labeling. If custom labeling is not requested, parts will be
shipped
with our standard
label.
SHIPPING DAMAGE
Damage due to shipping must be reported to March Aviation, Inc. within
forty-eight (48) hours and claimed with
the appropriate freight company, any notice
after
this allowed time, will be subject to March Aviation’s
discretion.
March Aviation, Inc. will replace said S.O., as described in the WARRANTY
clause, when said
damage is due to improper packaging. March Aviation, Inc.
will not be liable for, including but not
limited to, damage due to the freight
company’s neglect, lost shipment, or delays.
RETURN POLICY
Under certain conditions, shipments of parts regularly carried in stock
may be returned. Please
contact your sales representative for a Return
Material
Authorization (RMA) number within thirty
(30) days of invoice date. Customers
who do not obtain an RMA will be responsible for any excess
costs incurred.
Parts must be returned in the original March Aviation, Inc. packaging
and with the
original traceability paperwork provided. All items approved
for
return are subject to a restocking
fee of twenty percent (20%) and possible re-certification
fee. All freight charges are non-refundable. No material
will be accepted
after a period of thirty (30) days. All shipping charges, involved in returning
a unit,
including but not limited to freight, customs, duties, and taxes
must
be prepaid by the shipper.
Failure to do so may result in refusal of
the shipment at the Buyers expense.
WARRANTY
New, overhauled or serviceable parts supplied by March Aviation, Inc.
are warranted to be free from
defects in material and workmanship at
the time
of delivery. Warranty consideration is valid for six (6)
months for new
or overhauled parts and three (3) months for serviceable parts from the
shipment
date
of the part. If within this time, such part is found to be defective
in material or workmanship, March
Aviation, Inc. shall, if it confirms
the existence of the defect, replace such defective part at its own
expense
and
with reasonable promptness or refund our invoice price. The Buyer is
required to provide
March Aviation, Inc. with written notice of a claimed
defect,
including reasonable proof that the defect
is covered by the warranty,
within two (2) weeks after the defect becomes apparent. If a replacement
unit is
supplied prior to evaluation of such part, March Aviation, Inc. will
invoice this replacement unit
at the current price until such evaluation
can be made
on the warranty unit.* If March Aviation, Inc. is
unable to verify the
claimed defect, then any fees incurred to return the unit to the original
condition
as sold plus a $50.00 processing fee will be charged. March Aviation, Inc. reserves the right to deny warranty and/or terminate its warranty obligation, if at any time; (i) Buyer’s account becomes delinquent or in default (ii) or the Buyer, on their own behalf, purchases a replacement unit from a second source. March Aviation, Inc.'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 our option. This Warranty expressly
excludes any liability for cost of installation of the product, removal of the product and any damages
for lost profits or consequential damages.
* Some TBO items may not qualify for off the shelf replacement.
CREDIT APPLICATION
Customers that wish to pay on credit terms but have not established
credit with March Aviation, Inc.
must fill out and sign an "Application for
Credit" form, and then fax the completed form back to
(239) 435-3991.
The form is available online as an Adobe Acrobat PDF document. Click
Here to
download the form [127 kb]. Adobe Acrobat Reader is required to
view
the file. Click
here to get
Adobe Reader. Once completed this application must be returned via fax. The application will be
reviewed and the customer will be notified of possible credit terms.
TAXES
Buyer agrees to pay any taxes imposed by law on account of the goods
and services ordered
hereunder.
BILLING DISPUTES
Any disputes over charges made by March Aviation, Inc. must be submitted to mediation as a
prerequisite to the filing of any lawsuit.
The mediation conference shall take place in accordance with
the Commercial Industry Mediation Rules of the American Arbitration Association then in force. Venue
for any mediation conference shall be Collier County, Florida and any litigation involving the S.O. shall
take place in the Circuit Court in and for Collier County, Florida. The S.O.
shall be governed by and
construed in accordance with the laws of the State of Florida without regard to that state's conflict of
law provisions or the laws of your state of residence. The prevailing party, as determined by a court of competent jurisdiction, in any litigation involving the interpretation or enforcement of the S.O. shall be entitled to recover its attorney fees (including paralegal fees and attorney fees on any appeal) and
costs from the other side.
PURCHASING TERMS & CONDITIONS
Effective: 5/1/2005
ACCEPTANCE AND ACKNOWLEDGEMENT
Any performance on the purchase order (hereinafter referred to as P.O.)
is deemed an acceptance,
without exception, of the terms and conditions
set
forth on the face of the purchase order and in
these terms and conditions.
CHANGES
March Aviation, Inc. may at any time make changes within the general
scope of the P.O. and Seller
shall comply therewith. Except as expressly
provided
for elsewhere, March Aviation, Inc. and Seller
agree that there shall
be no adjustment in unit price of delivery schedule without a written
change
order to the P.O.
INVOICES
Seller will send a separate invoice and shipping notice for each shipment.
Each invoice must show
March Aviation, Inc. P.O. number, part numbers,
unit prices, and quantities shipped. Delays in
receiving invoice, errors
or omissions
on invoice, or lack of supporting documentation required by
the terms
of this order will be cause for withholding settlement without losing
discount
privilege.
PACKAGING
No charges shall be allowed for boxing, crating, or packaging unless
provisions are agreed to in
writing. All goods must be packed appropriately
to arrive
at destination without damage or as
otherwise noted on the P.O.
RECEIVING INSPECTION
All goods will be received by March Aviation, Inc. subject to inspection,
test, and rejection. If goods
received are in non-conformance to specifications,
drawings, or P.O., at March Aviation, Inc. discretion,
goods may be (1)
returned at Seller's expense and all delivery charges paid by March Aviation,
Inc.
will be refunded by Seller; or (2) corrected; or (3) replaced at Seller's
expense, including transportation
both ways. This clause shall not affect
any of the rights or liabilities of the parties under the WARRANTY
clause.
The aforesaid in no way relieves the seller of their responsibility to
inspect and verify product
in every way meets P.O., print and specification
requirements.
RIGHT OF ENTRY
March Aviation, Inc. reserves the right to verify at Seller's premises
that product meets requirements.
The same right is reserved for our customer
and
regulatory agencies as necessary and notified in writing.
WARRANTY
Seller warrants that all items delivered under this P.O. will be merchantable,
free from defect in
materials and workmanship, and will conform to applicable
specifications and drawings. If Seller
is responsible for design, Seller
warrants that all items delivered under this P.O. will be free from
defective
design and will be fit and sufficient for all purposes for which it is
designed. March
Aviation, Inc. approval of designs furnished by Seller
shall not relieve
Seller of obligations
under this warranty. Seller's warranties shall
run to March Aviation, Inc. and its customers.
Without prejudice to any
other
remedy which March Aviation, Inc. may have, Seller shall be
responsible
for, and bear the expense of any necessary correction due to faulty workmanship
or materials, or due to faulty design unless such design was supplied
by
March Aviation, Inc..
Seller further warrants that all aircraft materials
and/or components shall be furnished in compliance
with all applicable
Federal Aviation regulations. All inspection records will be made available
to March
Aviation, Inc. upon request. Seller further warrants that all items supplied
or services
performed shall be in accordance with all applicable federal,
state, and local laws including
environmental protection and occupational
safety and health.
QUALITY CONTROL SYSTEM
Seller shall provide and maintain a quality control system acceptable
to March Aviation, Inc. for
all goods covered by this P.O. Inspection
records
shall be maintained for a minimum of seven years
after delivery. Seller
will be required to complete and return March Aviation’s Quality
Assurance
Questionnaire in order to maintain an open/active status. The
form is available
online as an Adobe
Acrobat PDF document. Click
Here to download the form [826 kb]. Adobe Acrobat Reader is required
to view the file. Click
here to get Adobe Reader. Delays in
receiving the Quality Assurance
Questionnaire will be cause for withholding
settlement
without losing discount privilege.
DELIVERY
Shipments shall be made as specified and strictly in accordance with
the delivery schedule stated
on the P.O.. If the Seller fails to comply
with
the schedule, Seller will pay the difference between the
shipping method
specified in this P.O. and the premium transportation rates. In the event
that Seller
is unable to make delivery by the date required on the purchase
order, March Aviation, Inc. reserves
the right to cancel or modify this
P.O..
INDEMNIFICATION
Seller shall indemnify and hold harmless March Aviation, Inc. against
any and all claims for U.S. or
foreign patent, copyright or trademark
infringement.
Seller shall defend at Seller's expense any and
all patent infringement
suits or actions of law or in equity brought against March Aviation,
Inc., and
shall satisfy all judgements entered therein.
TAXES
Seller agrees to pay any taxes imposed by law for goods and services
ordered hereunder.
PROMOTIONAL TERMS AND CONDITIONS
Effective: 1/1/2012
REWARDS PROGRAM
Membership is free. New members will earn points on orders from the past thirty (30) days from membership sign up. Points are earned at the rate of one (1) Point / $1.00 spent on products; included but not limited to exchange, outright, and loaner orders. Miscellaneous charges, Charge Backs, Modifications, or Downgrades are not included. Points are issued 30 days after sale less any returns or refunds. Points have no cash value. Check or redeem points by logging in online. Promotion items limited to supply and subject to change without notice. Rewards for international members may be substituted with gift cards of equal value. Some restrictions may apply. Estimated delivery time of rewards is four (4) to six (6) weeks from redeemed date. Rewards are void where prohibited by law. Points cannot be converted back once redeemed. All points expire December 31 of each year. Accounts that become delinquent will forfeit all points. March Aviation reserves the right to cancel or modify any points, rewards, or program at any given time.
TAXES
Reward member agrees to pay any taxes imposed by law for goods and services.
30 DAY RETURN POLICY
Extended thirty (30) day return policy
is valid for Reward Members Only. Thirty (30) day no restocking fee policy does not include re-certification fee. Parts must be returned in the original March Aviation, Inc. packaging
and with the
original traceability paperwork provided. All items approved
for
return are subject to a possible re-certification
fee. All freight charges are non-refundable. No material
will be accepted
after a period of thirty (30) days. All shipping charges, involved in returning
a unit,
including but not limited to freight, customs, duties, and taxes
must
be prepaid by the shipper.
Failure to do so may result in refusal of
the shipment at the Buyers expense.
PROMOTIONAL SPECIALS/DISCOUNTS
Promotional specials are valid for Reward Members Only and can be found once logged in to your rewards account. Specials are subject to additional terms and valid for the stated time period stated on the coupon/voucher.
PROMOTIONAL REWARD
Member will be notified via email with link to redeem reward, in the event that a Reward is earned from promotional special, within fifteen (15) days from the end of the promotion. Promotional Reward must be redeemed within thirty (30) days from the initial notification, failure to do so will result in the forfeit of said reward.
PROMOTIONAL FREE SHIPPING ON CORE RETURNS
All exchange orders, ordered during May 2012, will be eligible for free core return shipping. A return shipping label will be provided with core return form (sent with order). Offer only valid when return shipping label is used. International orders/shipments will not qualify for thie promotion.
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