TERMS AND CONDITIONS OF SALE ORDER
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.
Unless other terms have been agreed, minimum orders are $25 per domestic order and $50 per international order.
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 the core is found Beyond Economical Repair (B.E.R.) then an additional charge for the core value and a core evaluation fee 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.).
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 upon request. 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.
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.
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 S.O. will be shipped F.O.B. origin via the arrangements that have been made. S.O. over $10,000 in value will be charged an insurance fee of .5% regardless of buyer’s request. Buyer can request no insurance on S.O. below $10,000 but will be required to complete an “Insurance Release” form prior to the S.O. being filled. This form can be obtained by contacting your sales representative. March Aviation will not be liable for any S.O. which the buyer has refused insurance. S.O. without insurance will become the property of buyer once the shipment has left March Aviation’s dock.
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.
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.
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.
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 twelve (12) months for new or overhauled parts and six (6) months for new surplus or serviceable parts, or twelve (12) months on any Flat Rate Exchange part from the shipment date of the part. Some TBO controlled units will have an hour, cycle, or time warranty limit; these units will be noted by “Prorated/Limited Warranty”. Limited Warranty units must be sent in for warranty repair. If time does not permit then a prorated exchange will be offered for Limited Warranty units. Wheels with a tire, carry a warranty on the wheel only. Tires are not warranted by March Aviation but rather the MFG of the tire. Brakes must be sent in for warranty repair. Off-the-shelf replacement is not applicable for tires and brakes. If within the time stated above or noted on the SO/Invoice, 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. Shipping charges, involved in replacement and/or returning a warranty unit, will be covered by March Aviation up to a maximum of $250. 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 $100.00 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.
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. 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.
Buyer agrees to pay any taxes imposed by law on account of the goods and services ordered hereunder.
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
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 P.O. and in these terms and conditions. P.O. must be acknowledged with their acceptance or denial, by signing the purchase order and returning to buyer, within one (1) working day. P.O. which is not acknowledged will not be valid or binding.
March Aviation, Inc. may at any time make changes within the general scope of the P.O. with the agreement of the Seller. Except as expressly provided for elsewhere, March Aviation, Inc. and Seller agree that there shall be no adjustment in unit price, alternative part, or delivery schedule without a written change order to the P.O.
EXCHANGE P.O. TERMS
Core(s) will be returned within thirty (30) days of receipt of exchange unit. The core will be of like part number unless otherwise stated in writing. It will have a legible data tag with part number and serial number on it. Excessive repair / overhaul charges on core unit must be billed within ninety (90) days from receipt; failure to do so will result in non-payment
AS REMOVED / REPARIABLE P.O. 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 will also have a copy of a work order from an FAA approved repair station stating that it is beyond economical repair (B.E.R.) or showing that the cost to repair plus purchase price exceeds replacement cost.
March Aviation, Inc. requires complete traceability on all items. Upon request, at no additional charge, a Certificate of Conformance must be supplied. If a copy of the manufacturer’s certification is required, this will be stipulated on P.O.. FAA 8130-3 or EASA Form-1 must be supplied with overhauled, serviceable or new parts unless otherwise noted.
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.
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..
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. Damage due to shipping will be reported to Seller within forty-eight (48) hours and claimed with the appropriate freight company. Seller will replace said P.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.
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.
Seller warrants that all items delivered under this P.O. will be as represented by the Seller. 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. If such part is found to be defective in material or workmanship, Seller 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. 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. Delays in receiving the Quality Assurance Questionnaire will be cause for withholding settlement without losing discount privilege.
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.
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 judgments entered therein.
Seller agrees to pay any taxes imposed by law for goods and services ordered hereunder.
Any disputes over charges made by Seller will 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 P.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 P.O. shall be entitled to recover its attorney fees (including paralegal fees and attorney fees on any appeal) and costs from the other side.
PROMOTIONAL TERMS AND CONDITIONS
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.
Reward member agrees to pay any taxes imposed by law for goods and services.
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 Rewards with required sales totals include but not limited to exchange, outright, and loaner orders, less returns. Miscellaneous charges, Charge Backs, Modifications, or Downgrades are not included. 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, for a limited time, 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, Alaska, Hawaii, LTL Freight, dangerous goods, wheels, brakes, radomes, and gear actuators Orders/Shipments will not qualify for thie promotion. Return label does not carry any insurance. Shipper assume all responsibility for any damage or loss during shipping while using the prepaid label. Shipper accepts these terms by using the label provided.