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ARTICLE 1 – SALES CONTRACTS- AERO Specialties, Inc. (herein called the “Seller”) sells all products and services only upon these standard terms and conditions, which, unless otherwise agreed by the Seller in writing, shall be a part of the contract therefore and shall supersede any inconsistent terms on customers purchase order, notwithstanding any contrary terms that may appear therein.
An order placed with the Seller must be in the form of a written purchase order. The issuance of a purchase order, confirmation or acknowledgment by customer shall be deemed to evidence and authenticate the customer’s acceptance of these standard terms and conditions.
All proposals, quotations, bids or other similar communications from the Seller will be considered invitations to customer to submit an offer to contract in the form of a written purchase order. A binding sales contract will result when the Seller accepts the customer’s order by mailing a letter of acceptance, or an acknowledgment copy of an entered order, to the customer. All such sales contracts shall be governed by the laws of the State of Idaho, U.S.A., but not its conflicts of laws provisions. Upon receipt of customer’s order, the Seller, at its sole discretion shall evaluate customer’s then current performance of payment to the Seller, other suppliers and creditors, the Seller’s acceptance of customer’s order is subject to the Seller’s satisfaction with such payment performance.
ARTICLE 2- TERMS OF PAYMENT-
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Terms are net 30 days (upon written credit approval authorization by Seller) from EXW date unless otherwise provided in the Seller’s proposal or invoice. When an account becomes past due according to its terms, interest will be charged at a rate of 1 ½% per month on all balances until paid in full. If an account is turned over for collection, the customer will be responsible for Seller’s costs and expenses of collection, including reasonable attorneys’ fees.
If delivery in installments is quoted by the Seller or required by customer’s order, failure of customer to make any payment when due as provided for in the sales contract shall give the Seller the right to suspend work or delivery until such payment is made. In the event that any such default by customer continues for more than 15 days after the date due, the Seller may at any time thereafter cancel the sales contract by written notice faxed, mailed or telegraphed to customer and thereupon be entitled to recover the cancellation charges set forth in Article 8. In addition, the Seller shall have the right to repossess without process any previously delivered equipment, parts or products which have not been paid for in full. In the event the Seller suspends work on customer’s order due to customer’s failure to make payment at the time provided for in the sales contract, any claim by customer against the Seller for delay in completion of the work shall be waived and barred.
Security Interest. You grant to Seller and Seller will retain a purchase money security interest under the Uniform Commercial Code in all goods purchased from Seller until the goods are paid in full. If you fail to pay for the goods as agreed, Seller may repossess any goods in which it retains a security interest and Seller shall have all the rights and remedies of a secured creditor under the Uniform Commercial Code. You authorize Seller to file financing statements covering the goods.
ARTICLE 3- PRICES- Unless otherwise specifically and conspicuously stated in a written quotation, order acknowledgement, or other document signed by the Seller, the price of any equipment, parts or products shall be the price for such equipment, parts or product in effect at the time of shipment.
ARTICLE 4- SHIPPING; DELIVERY-
Shipping dates are subject to review at the time customer’s order is accepted and will be determined at that time on the basis of the Seller’s then current shipping commitments. Shipping dates are quoted in good faith, the Seller, however, will not be liable for loss or damage due to delay or failure to make delivery when such delay or failure is caused by fire, strike, civil or military authority, war, hostilities, governmental action, failure of suppliers to make delivery as scheduled, or any other cause beyond the Seller’s reasonable control, including delay or interruption in manufacture, shipment or installation caused by customer.
Unless otherwise stated, all sales are EXW (Ex Works) (Incoterms 2010). Risk of loss or damage to products shall remain with Seller until delivery of the goods in accordance with the applicable Incoterm.
Any unit not shipped after 90 days from EXW (Ex Works- factory location) (Incoterms 2010) (Green Tag) date will generate a cost of 0.5% of the Selling price of the Unit that will be invoiced by the Seller to the customer
ARTICLE 5 – WARRANTY- Unless otherwise provided, the only warranty, which the Seller makes in connection with its equipment, parts and products, is the published AERO SPECIALTIES general warranty conditions. Receipt of information from the customer and delivery by the Seller of equipment, parts or products specified in customer’s order does not imply a warranty by the Seller that the equipment, parts or products so delivered will be suitable for the purposes disclosed. IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED.
ARTICLE 6 – LIMITATION OF LIABILITY- IN NO EVENT SHALL THE SELLER BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, including loss of profits, in connection with its acceptance of customer’s order or in connection with the manufacture, delivery or installation of the equipment, parts or products so ordered, whether customer’s claim for such damages be based upon failure or delay of delivery, breach of guaranty or warranty or otherwise.
ARTICLE 7 – RETURNS- Any equipment, part or product, which is returned under warranty, may be so returned only with the prior written approval of the Seller’s home office, which approval will not be unreasonably withheld. Equipment, parts or products for which return is authorized must be shipped prepaid to the Seller’s warehouse or a AERO SPECIALTIES Factory as advised in the written approval.
ARTICLE 8 – CANCELLATION CHARGES-
In case of any contract cancellation by the customer:
A 20% penalty of the total contract amount will be levied if cancellation occurs during the 60 days prior to the original expected date of shipment.
A 50% penalty of the total contract amount will be levied if cancellation occurs after the original expected date of shipment
In the event customer causes delays, or otherwise materially hampers or interrupts the Seller’s manufacture, shipment or installation or equipment, parts or products, the Seller may terminate the sales contract and customer shall pay the Seller the applicable cancellation charges set forth above.
ARTICLE 9 – DESIGN PROTECTION- No rights in designs, trade names, trademarks, and copyrights of merchandise delivered hereunder shall pass to customer and customer agrees not to reproduce or simulate or cause or knowingly allow to be used, reproduced or simulated, either directly or indirectly, such designs, trade names, trademarks and copyrights.
ARTICLE 10 – SERVICES- The provisions of these Standard Terms and Conditions relating to sales contracts, terms of payment price, and limitation of liability are applicable to any services sold by the Seller whether separately or in conjunction with an equipment order.
AERO Specialties products are warranted to be free of manufacturing or material defects for a period of
one year after shipment to the original customer. This is solely limited to the repair or replacement of
defective components. This warranty does not cover the following items:
Additionally, the following warranty terms apply:
AERO Specialties JetGo-900, JetGo 45-400, JetGo-28 iBS, Hydraulic Power Units (all sizes):
Major components are defined as follows:
JetGo products:
Hydraulic Power Unit products:
If you have a problem that may require service, contact AERO Specialties immediately. Do not attempt to repair or disassemble a product without first contacting AERO Specialties, as any action might affect warranty coverage.
When you contact AERO, be prepared to provide the following information:
If warranty coverage is approved, either replacement parts will be sent, or the product will have to be returned to AERO Specialties for repairs. A decision on the extent of warranty coverage on returned products is reserved pending inspection at AERO Specialties. Any shipments to AERO must be shipped freight prepaid. Freight costs on shipments to customers will be paid by AERO on any approved warranty claim.
AERO Specialties, Inc., agrees, upon prompt notification of defect and confirmation that the equipment has been operated and maintained per the written guidelines contained in the product manual, to repair or replace any part or parts proven to our satisfaction to have been defective in materials or workmanship. Replacement parts will be invoiced in the regular manner with invoices subject to adjustment after the parts claimed to be defective are examined at our factory. No material or parts will be
accepted at our factory for in-warranty repairs or credit without previous authorization from AERO Specialties, Inc.
Equipment, parts or products for which return is authorized must be shipped prepaid to AERO Specialties. Parts replaced under warranty following inspection will be shipped in the most economical manner at our expense. If inspection by AERO Specialties, Inc., does not verify defects in material or workmanship, our regular parts and freight charges will apply.
All warranty replacement parts provided will be warranted for the remainder of the original 12-month warranty or ninety (90) days, whichever is greater.
Warranty does not cover batteries, cables, fuses, bulbs, filters, belts or hoses unless these parts are found to be defective prior to use. In all cases, please notify AERO Specialties immediately of any defects so a remedy can be addressed.
No warranty is made or implied with respect to engine and accessories, component parts, or auxiliary equipment that are covered under the respective manufacturers OEM warranties as these warranties are passed along to the purchaser.
AERO Specialties, Inc., shall in no event be responsible or liable for modifications, alterations, misapplication, or repairs made to its equipment by purchaser or others without the written authorization of AERO Specialties, Inc. This warranty does not apply to damage caused by negligence, improper maintenance, accident, forces of nature, overloading, or improper use by purchaser or others.
AERO Specialties, Inc., shall not be liable for any special or consequential damages, such as loss of profits or revenue, loss of other equipment, down-time costs, costs associated with the removal of equipment from service, aircraft damage due to improper use, or claims of third parties against the purchaser.
AERO Specialties, Inc. makes no warranties, expressed or implied as to the merchantability or fitness for any particular use or purpose.
Responsibility for damages incurred in transit will be borne by the customer, and the customer in turn must file any damage claim against the carrier.
All warranty items are F.O.B. AERO Specialties factory, and freight charges are the responsibility of the
customer.
Used Equipment Definitions and Warranty Terms are available.
Please contact us if you have a question regarding the scope of work performed on an individual unit. We will happily assist with your used equipment acquisition needs.
TERMS AND CONDITIONS OF USE – PRIVACY POLICY
Identification of the parties
PUBLISHER:
Alvest Holding
(Publisher may be hereinafter referred to as “Alvest”)
I) Terms and Conditions of Use of the Website
The purpose of these general terms and conditions of use (hereinafter referred to as the “GTC”) is to define the terms and conditions of access to and use of the website https://alvest.fr/ (hereinafter together referred to as the “Website”).
Any connection to or use of the Website is subject to compliance with these GTC. These GTC may be modified or amended at any time without notice. They come into force as soon as they are published on the Website. Any person, employee, client or supplier connecting and/or browsing the Website (hereinafter the “User”) is therefore invited to check regularly whether any changes have been made.
1. Description of the services provided
The Website is a media that publishes information about the activities of Alvest and its affiliates.
Alvest undertakes to publish accurate information on the Website. However, Alvest cannot be held responsible for any omissions, inaccuracies or late updates of the information, whether they originate from its own will or from third parties who obtain the information.
The information provided on the Website is provided on an “as is” basis. The information may not be complete and is subject to change after it is posted.
2. Access to the Site
The Users can freely access the public content of the Website. Such access is subject to acceptance of and compliance with these GTC.
Alvest endeavors to allow access to the Website 24 hours a day, 7 days a week, except in case of force majeure or an event beyond its control, and subject to possible breakdowns and maintenance interventions necessary for the proper functioning of the Website and its services.
Consequently, Alvest cannot guarantee the availability of the Website and/or the services, the reliability of the transmissions, and the performance in terms of response time or quality. No technical assistance is provided to the User either by electronic or telephone means.
Alvest will not be liable in case of impossibility of access to the Website and/or use of the services.
3. Limitations of liability
The User shall use the Website and the associated services at their own risk.
Alvest and its affiliates are excluded from all liability for any direct or indirect damages arising out of or in connection with access to or use of the Website or any other website linked to it. This includes but is not limited to, direct losses, loss of business or profits (whether or not the loss of such profits was foreseeable, occurred in the ordinary course of business or you advised Alvest of the possibility of such potential loss), damage to your computer, software, computer systems and programs and the data stored on them or any other direct or indirect, consequential and incidental damages.
Alvest does not warrant that the functions performed by the Website will be uninterrupted or error-free, that potential errors in the Website will be corrected, or that the Site or the server linked to it is free of viruses.
Certain areas of the Website allow the User to interact with Alvest (e.g. possibility to ask questions). If the content of these areas does not comply with applicable law, Alvest reserves the right to delete, without prior notice, all content of these sections, in particular elements that may infringe privacy and confidentiality. If necessary, Alvest will exercise the right to prosecute by all possible means any User who has expressed positions with racist, pornographic, abusive or defamatory content.
4. Intellectual Property/Copyright
Alvest is the owner of all intellectual property rights/copyrights and has the right to use all elements accessible on the Website. This includes, but is not limited to, text, images, videos, trademarks, graphics, logos, icons, sounds and software.
Any representation and/or reproduction, partial or total exploitation, copying, modification, publication, or adaptation of all or part of these elements, by any means whatsoever, without the prior written authorization of Alvest and/or its subsidiaries, is strictly forbidden.
Any use of the aforementioned elements without the prior consent of Alvest will constitute an infringement within the meaning of article L.335-2 (and subsequent articles) of the French Intellectual Property Code.
5. Hyperlinks and cookies
The Site may contain links to other websites that Alvest does not operate. Alvest does not monitor or review the content of third-party websites that are linked to the Website. Please note that Alvest is not responsible for the privacy practices or the content of such third-party websites.
Browsing the Website may generate the use of cookies on the User’s computer.
Like most interactive websites, the Website uses cookies to enable Alvest to retrieve the User’s details on each visit. A “cookie” is a small file stored by the Site on the User’s hard disk, containing information about the User’s browsing habits.
Cookies are used in certain areas of the Website to enable the functionality of that area and ease of use for those who visit it. Some of Alvest’s affiliate partners may also use cookies.
If the User wishes to refuse or decline the use of cookies on his or her computer, certain parts of the Site may not be accessible. However, the User may modify the settings on his or her computer to refuse/unwanted use of cookies:
With Internet Explorer: “Tools” tab / Internet Options. Go to Privacy and choose to block all cookies. Validate by clicking on OK.
With Firefox: On the Tools tab, click on Options and then Privacy. Set the settings to “Do not allow cookies” and change the history setting to “Never keep history data”.
With Safari: go to the Settings tab and then “Advanced Settings”. In “Privacy”, click on “Settings content”, “Cookies”, block cookies.
With Chrome: click the “Menu” tab, choose “Settings”. Display the advanced settings. In “Privacy”, “preferences”, block cookies.
6. Applicable law – Jurisdiction
These GTC are governed by – and all disputes relating to the Website are subject to French law. Any dispute shall be submitted to the exclusive jurisdiction of the courts of Paris.
II) Privacy Policy / Personal Data
The purpose of this section is to explain to the Users of the Website :
How personal data is collected and processed;
The Users’ rights regarding this data;
The identity of the Data Protection Officer;
To whom these data are transmitted.
1. General principles for data collection and processing
Certain sections of the Website may require Users to provide personal and confidential information that identifies the persons to whom they are linked (hereinafter referred to as “Personal Data”).
The User provides this information under his/her sole understanding and acceptance of these GTC. In particular, when the data is entered by the User himself/herself. If the required data is mandatory to continue using the Site, the User will be informed of this.
In accordance with the provisions of Article 5 of the European Regulation 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as the “GDPR”), the collection and processing of the data of the Users of the Website comply with the following principles:
Lawfulness, fairness and transparency: Personal Data can only be collected and processed with the User’s consent. Whenever Personal Data is collected, the User will be informed that his/her data is being collected, and for what purpose his/her data is being collected;
Limited purposes: the collection and processing of Personal Data is carried out for one or more specific purposes;
Minimization of collection and processing: only the Personal Data necessary for the proper execution of the objectives pursued by the Website are collected;
Retention of Personal Data limited in time: Personal Data is kept for a limited period of time, of which the User is informed. When this information cannot be provided, the User is informed of the criteria used to determine the retention period;
Integrity and confidentiality of data: the data controller undertakes to guarantee the integrity and confidentiality of the data collected.
2. Personal data collected and processed in the context of navigation on the Webite
The Personal Data collected on the Site are the following:
E-mail address;
Full name(s) of the individual;
Company name;
Phone number(s);
Mailing address;
Personal Data is collected when the User performs one of the following operations on the Website:
When the User uses the contact form to send a request;
The Personal Data collected on this Site is used only for the purpose and intent for which it is required. No personal or confidential information or data of the User of the Website will be sold, shared or rented to a third party.
The Personal Data are kept until the User requests the deletion of his account, if he has created one, or, failing that, by virtue of the legal or regulatory period applicable following the end of the commercial relationship, or following the last use of the services offered on the Website.
Only the eventual change of ownership of Alvest can result in the transfer of these data to the new owner, who will be obliged to respect and observe this same clause.
3. Rights of the User – Person in charge of the processing of Personal Data
In accordance with the French law no. 78-17 of January 1978, modified by the French law no. 2004-801 of August 2004, relating to data processing, files and freedoms, and with the GDPR, any User can exercise his right to access, rectify, oppose or delete his personal data.
To execute this request, the User must address their request to the Data Protection Officer of Alvest :
ALVEST GROUP – RGPD/DPO
100 Boulevard du Montparnasse
75014 PARIS FRANCE
Dedicated phone line: (+33) 0140641610
Dedicated email address: gdpr@alvest.fr