Terms and Conditions
1. Payment Methods
Kinetic Aviation accepts wire transfers at a fee of $25.00 USD per wire. C.O.D.'s are accepted by cashier's check or money order only. Credit Cards are accepted with a valid photo identification and subjected to a 4% handling fee.
2. Credit Terms
Payment terms are net thirty (30) days from date of invoice on approved credit, with no discount for earlier payment. Payments shall not be subject to offset or setoff. Acceptance of a partial payment by Kinetic Aviation shall not be a waiver of the right to be paid the remainder due. Any delay in payment may be subject to late payment fees.
To the extent Buyer shall fail to make payment as specified herein, or if for any other bona fide reason Kinetic Aviation seems itself to be insecure as to payment, Kinetic Aviation may, at its sole discretion, demand that Buyer make full or partial payment in advance, accept bills of exchange, open for Kinetic Aviation’s benefit and at no cost to Kinetic Aviation, documentary letters of credit or obtain bank guarantees, or provide other satisfactory security or guarantees that invoices will be promptly paid when due.
BREACH AND FINANCIAL CONDITIONS:
If any of the Buyer’s obligations to Kinetic Aviation are not fulfilled or if the Buyer’s financial condition at any time does not in Kinetic Aviation ’s unfettered judgement
justify continuance of the contract on the terms of payment specified, Kinetic Aviation may, without prejudice to any other rights it may have, by notice in writing cancel any
outstanding order or suspend any deliveries of or work on any of the goods unless the Buyer makes such payment for any of the goods ordered as Kinetic Aviation may require.
In addition to any rights of lien to which Kinetic Aviation may by law be entitled, while any amount remains due to it from the Buyer, Kinetic Aviation shall be entitled to a general lien for such amount on all property of the Buyer in Kinetic Aviation’s possession (whether paid for by the Buyer or not).
3. Delivery
Unless otherwise agreed in writing, all deliveries shall be made F.O.B origin, and shall be deemed to have been effected when Kinetic Aviation shall have notified the Buyer the
goods are ready for collection. Goods to be shipped will be on the Buyer's shipping account and carrier unless otherwise noted. Any goods shipped on Kinetic Aviation's account will be billed to the Buyer.
Any periods quoted for delivery or dispatch are estimates only and time for delivery shall not be made of the essence by notice. If Kinetic Aviation fails to deliver the goods (or any installment) for any reason other than any cause beyond Kinetic Aviation reasonable control or the Buyer's fault, and Kinetic Aviation is accordingly liable to the Buyer, Kinetic Aviation liability shall be limited to the price of those goods not delivered and the Buyer shall not be entitled to reject any consignment of the goods or to
treat the contract as repudiated in the event of any such failure.
Delivery of the goods to a carrier for transmission to the Buyer or the delivery of the goods to the place of delivery shall constitute delivery to the Buyer and the risk therein
shall upon such delivery pass to the Buyer.
Kinetic Aviation shall be entitled to make partial deliveries or deliveries by installments and these terms and conditions shall apply to each partial delivery.
Where the goods are ready but cannot be dispatched for any reason beyond the control of Kinetic Aviation or through the fault or delay of the Buyer, Kinetic Aviation shall be entitled to make a reasonable charge in respect of storage and insurance of the goods.
4. Cancellation of Order
Orders accepted by Kinetic Aviation are not subject to cancellation by Buyer except with written consent of Kinetic Aviation. In the event Kinetic Aviation consents to cancellation, Buyer will be advised of applicable cancellation charges, which may include charges for raw material, work in process and finished goods applicable to the order, together with applicable overhead and allowance for profit, any wire fees and minimum cancellation charges shall be as follows:
Cancellation date: calendar days prior to scheduled delivery date VS Minimum cancellation charge as a percentage of purchase order price:
91 to 120 days 30%
61 to 90 days 50%
31 to 60 days 80%
0 to 30 days 100%
Standard cancellation fee for stock items is 20% and a restocking fee of 25% of the total price of the invoice amount.
Special order parts are non-cancellable and non-returnable.
5. Return(s) and Exchange
In the event that Kinetic Aviation consents to a return, the Buyer shall be responsible for all applicable freight, refurbishing, retesting and certifying fees. Additionally, the Buyer shall be responsible for the restocking fee of 25%. All returns must be accompanied by a Kinetic Aviation return authorization number (“RMA”). All parts must be returned with original documentation and in original packaging or customer will be invoiced for re-certification fees. Returned electrical units may be subject to re-certification fees at customers’ expense. All shipping charges, duties, and taxes must be paid by the shipper.
Exchange prices are quoted on the basis that the returned core will be of the same part number, dash number and modification status as the exchange unit provided. The returned core must be a normal core in repairable condition and have a legible part number and serial number on it. Returned cores will have the “core return information sheet” included to help expedite the processing of the core. The “core return information sheet” will be shipped along with the exchanged part. If abnormal damage is found, either during receipt of part or during overhaul, charges will be billed as they become available. If a core is found to be Beyond Economical Repair (BER), the customer will be billed for the core charge listed on the original invoice plus the core evaluation fee. Evaluation of your core may take up to 90 days from receipt, if further time is needed, we will notify you at that time. To avoid late fees and/or outright billing of replacement costs, all cores must be received within 30 days.
6. Inspection and Acceptance
Acceptance shall occur upon delivery to the FCA point and will be presumed unless Buyer demonstrates within fourteen (14) days thereafter that the Product(s) does not conform to the Warranty set forth herein. Buyer agrees to make inspection of the Product(s) delivered hereunder immediately upon receipt thereof.
7. Warranty
a) Kinetic Aviation (SELLER) warrants its products to be free from defects in material and workmanship for the period stated in Seller’s proposal effective from the date of shipment. For software Products, Seller warrants that Seller’s software, as first delivered by Seller, shall conform substantially to the documentation supplied with such Seller’s software, provided that Seller’s software is installed, implemented and operated in accordance with said documentation and the magnetic media is free from defects in material and workmanship under normal use. For Products supplied to Seller by third party suppliers, Seller shall only transfer to Buyer the warranty terms, period, remedies and obligations as granted to Seller by such suppliers. Any warranty period extension is valid and enforceable for Products manufactured by Seller and it is expressly excluded for Products supplied by third party suppliers. Seller’s liability shall be limited to the repair or replacement of the defective item, at the Seller’s sole option, provided: (1) Seller is promptly notified in writing upon the discovery of any defect; (2) Buyer assumes payment of all transportation charges; and (3) Any part/item alleged to be defective shall be returned to Seller for inspection, properly packed and all expenses prepaid by Buyer. Seller will not assume any expense or liability for modifications or repairs made by other than Seller, or their authorized agents. This warranty shall not apply to any part which has been damaged, subjected to misuse, or installed or operated not in accordance with any Seller instructions which may have been provided.
b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BUYER’S SOLE AND EXCLUSIVE REMEDY UNDER THIS WARRANTY WILL BE LIMITED TO THE REPAIR OR REPLACEMENT, AT SELLER’S OPTION OF THE DEFECTIVE PARTS. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES ARISING FROM COURSE OF DEALING PERFORMANCE OR CUSTOM AND USAGE IN THE TRADE. SELLER SHALL HAVE NO OTHER LIABILITY UNDER ANY THEORY AT LAW, IN EQUITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, (INCLUDING INTELLECTUAL PROPERTY INFRINGEMENT AND NEGLIGENCE), AND STRICT LIABILITY, FOR ANY LOSS OR DAMAGES INCLUDING, BUT NOT LIMITED TO, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES (EVEN IF SELLER HAS BEEN ADVISED OF SAME) INCLUDING WITHOUT LIMITATION, LOST PROFITS OR REVENUES. ANY ACTION AGAINST SELLER MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CLAIM AROSE.
c) In the event Seller repairs or replaces a defective item under the foregoing warranty, the warranty period for the repaired or replacement item shall extend for the remaining warranty period of the original product. However, the original warranty period shall be extended by the number of calendar days required to repair or replace the defective item, calculated from the date of receipt of the defective item by the Seller until return of the repaired or replacement item to the Buyer.
d) Defects or failures attributable to misuse, negligence, unauthorized modification or repair by the Product’s Buyer or any third party user, or malfunction or failure resulting from non-conformance or non-compliance by Buyer or third party user with Seller’s Line Maintenance and Pilot Guides, Component Maintenance Manuals or other familiarization instructions furnished by Seller, are excluded from this warranty. Should Buyer or a third party break the seal on a Product identified as a Line Replaceable Unit or Test Equipment without Seller’s prior written authorization, this warranty shall be void for such Product. Inspection or repair of Products under warranty shall not interrupt or extend the warranty term herein.
8. Export Control
(a) Export Control. This order is subject to all applicable US and Canada Laws and regulations relating to the export of the Product. Buyer shall not ship, transfer, export, or use the Product(s) in violation of applicable export laws, regulations or restrictions. Upon request Buyer shall submit the Kinetic Aviation’s End User Statement (“EUS”) completed and signed. Delay in providing a signed EUS for each Order may result in delay of acceptance by Kinetic Aviation.
(b) Buyer represents and agrees that it will deal with all items purchased hereunder and all technical data and technology relating thereto in conformity with all applicable laws and regulations of the U.S., including the U.S. Foreign Corrupt Practices Act and all U.S. export licensing laws. Buyer agrees that it shall not trans-ship, divert, re-export or otherwise dispose of any U.S.-origin goods or technology obtained from Kinetic Aviation except as said laws and regulations may expressly permit.
9. Indemnity
Buyer shall defend, indemnify, and hold harmless Kinetic Aviation, its parents, subsidiaries and affiliates, and their respective directors, officers and employees and representatives, from and against any and all claims, suits, losses, obligations, causes of action, damages, and expenses (including attorney’s fees) relating to or arising out of any use of the Product(s) by Buyer to its Customers.
10. Limitation of Liability
IN NO EVENT SHALL KINETIC AVIATION BE LIABLE FOR INDIRECT, SPECIAL, CONSEQUENTIAL, MULTIPLE OR PUNITIVE DAMAGES, OR ANY DAMAGE DEEMED TO BE OF AN INDIRECT OR CONSEQUENTIAL NATURE ARISING OUT OF OR RELATED TO ITS PERFORMANCE UNDER THIS ORDER, WHETHER BASED UPON BREACH OF CONTRACT, WARRANTY, NEGLIGENCE AND WHETHER GROUNDED IN TORT, CONTRACT, CIVIL LAW OR OTHER THEORIES OF LIABILITY, INCLUDING STRICT LIABILITY. TO THE EXTENT THAT THIS LIMITATION OF LIABILITY CONFLICTS WITH ANY OTHER PROVISION(S) OF THIS ORDER, SAID PROVISION(S) SHALL BE REGARDED AS AMENDED TO WHATEVER EXTENT REQUIRED TO MAKE SUCH PROVISION(S) CONSISTENT WITH THIS PROVISION. IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF KINETIC AVIATION OR ITS SUBCONTRACTORS OR SUPPLIERS OF ANY TIER WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE FOR THE PERFORMANCE OR BREACH OF THE ORDER OR ANYTHING DONE IN CONNECTION THEREWITH EXCEED THE ORDER PRICE. NOTWITHSTANDING ANYTHING ELSE IN THE CONTRACT TO THE CONTRARY, THE STATED MONETARY LIMITATION HERE IN ABOVE IS THE MAXIMUM LIABILITY KINETIC AVIATION HAS TO THE BUYER.
11. Obsolescence of Parts
While Kinetic Aviation intends to provide parts in accordance with original design requirements, Kinetic Aviation reserves the right to make part substitutions provided the substituted part has the same form, fit and function as the item it replaces.
12. Applicable Law
This order shall be governed by the Laws of the State of Florida, United States of America.