Standard Term and Conditions
1. DEFINITIONS. "Buyer" means the person, firm, corporation or entity who orders and buys or agrees to buy the goods from Aeroparts. "Goods" means the aviation products or parts which the buyer contracts to buy from.
2. CONDITIONS APPLICABLE.
2.1 These conditions shall apply to all contracts for the sale of goods by Aeroparts to the buyer to the exclusion of all other terms and conditions including any terms or conditions which the buyer may purport to apply contained in or under any purchase order, confirmation of order or similar document.
2.2 An order for goods shall be deemed to be an offer by the buyer to purchase goods pursuant to these conditions.
2.3 The submission of an order for the goods shall be deemed conclusive evidence of the buyers acceptance of these conditions.
2.4 Any variation to these conditions ( including any special terms and conditions agreed between the parties) shall be invalid unless agreed in writing by Aeroparts and the buyer.
3. THE PRICE
3.1 The price shall be Aeroparts quoted price. In the case of Australian Customers , the price is exclusive of GST . If sales tax is payable on the sale of any of the goods, then such sales tax shall be paid by the buyer.
3.2 The price in the quotation is that applicable at the date of quotation and is, at Aeroparts discretion, subject to change depending on the fluctuation in the cost of materials, labour, currency exchange rates or duty and shipping rates. Should there be any change as aforesaid, Aeroparts reserves the right to vary the price accordingly and the buyer is deemed by these conditions to accept such variation.
3.3 No order of the buyer is binding upon Aeroparts until it has been accepted or confirmed.
4. RISK OF LOSS
4.1 All goods purchased from Aeroparts are made pursuant to a free on board contract. The risk of loss and title for goods passes to the buyer upon delivery by Aeroparts to the carrier.
5. RETENTION OF TITLE
5.1 Legal property in the goods in the goods shall not pass to the buyer until all monies owed by the buyer to Aeroparts are paid in full and unconditionally, and delivery is made by Aeroparts to the carrier.
6.1 Aeroparts disclaims all warranties, conditions or terms (whether express or implied by statue, common law or arsing from conduct or a previous course of dealing or trade ( custom or usage) as to the operation of this site or the information, content or materials therein, or as to the quality of the goods or the fitness for any particular purpose ( whether or not that purpose is made known to Aeroparts) or merchantability or condition of goods, are hereby expressly excluded and/or negated, to the extent to which the same can, in accordance with law, be excluded and/or negated.
6.2 It is fundamental to this contract that any damages recoverable from Aeroparts as a result in any breach of this contract, or from use or operation of this site, shall be limited to and completely discharged by either (a) the replacement of goods or supply of equivalent goods. (b) the repair of the goods. (c) a refund of the purchase price to the buyer in accordance with Aeroparts refund or exchange policy, and such damages shall in no event include consequential damages of any kind whatsoever.
7 OTHER DOCUMENTATION
7.1 These conditions constitute the whole of the conditions applicable to the contract between Aeroparts and the buyer. No statement , description, information,warranty,condition or recommendation contained in any catalogue , price list, advertisement or on this site and no communication made verbally by any of Aeroparts agents or employees shall be construed in any way as part of the contract or to enlarge, vary, modify or override these conditions.
7.2 Aeroparts reserves the right to modify the specifications of the goods in its discretion, from time to time.
Aeroparts may cancel this contract at any time before the goods are delivered, by giving written notice to the buyer. On giving such notice, Aeroparts shall promptly repay to the buyer any sums paid in respect of the goods. Aeroparts shall not then be liable for any loss or damage whatsoever arising from such cancellation.
9 INTELLECTUAL PROPERTY
Aeroparts makes no representation , warranty or statement any kind that the goods or the use of goods either alone or in conjunction with others will not infringe any copyright, patent or trade mark rights or other intellectual property rights of any person.
10 PROPER LAW
This contract is deemed to have been made in the State of Victoria in the Commonwealth of Australia, and is subject to, and is to be interpreted in accordance with the laws of the State of Victoria.