Use of this website constitutes acceptance of the following terms and conditions:
1. Warranties for use of website: abAviation/Georgia Avionics (ABA/GAV) is not liable for any damages or injury resulting from your use of this website. ABA/GAV provides no warranty of fitness for any particular purpose or warranty of merchantability. There is no warranty which will extend beyond the description on the face thereof. Any damage alleged for a loss or injury is limited to the fee, if any, paid to ABA/GAV for the ability to access this website.
2. Links: This website contains links to other sites beyond the control of ABA/GAV. These links are provided solely as a convenience. ABA/GAV makes no representation or warranties concerning information contained on other sites.
3. Parts: All parts offered herein are subject to prior sale or withdrawal without notice. Specifications for any particular part are subject to verification by purchaser or purchaser's designated agent. Any and all description of parts are for discussion purposes only, are subject to change without notice, and are not necessarily representations of the part. Parties interested in purchasing a part should rely on their own inspection of the part and its available associated records. Unless otherwise specified in writing, all sales are "as is" and there is no warranty which will extend beyond the description on the face thereof. All sales are FOB Winder, GA.
TERMS AND CONDITIONS OF SALE
Unless otherwise specifically agreed to in writing and signed by an authorized representative of ABA/GAV‚ the following terms and conditions of sale (“Agreement”) apply to all sales of products from ABA/GAV to Buyer. Any different or additional terms and conditions proposed by Buyer in its purchase order‚ or otherwise‚ are objected to by ABA/GAV. Buyer’s assent to this Agreement is conclusively presumed from Buyer’s failure to reasonably object in writing and from Buyer’ s acceptance of all or part of the products ordered. This Agreement represents the entire agreement of the parties and all proposals‚ negotiations‚ representations or agreements made or entered into prior to or contemporaneously with this Agreement‚ whether verbal or written‚ are cancelled and superseded by this Agreement.
1. PRICES. All quotations are made for immediate acceptance and are subject to change without notice prior to acceptance. Prices are EXW(Incoterms 2010) ABA/GAV's point of shipment unless otherwise specified. Prices are stated in United States Dollars‚ are exclusive of sales‚ use‚ excise,or similar taxes and are subject to any price adjustment necessitated by ABA/GAV’s compliance with any act of government. Any tax or other governmental charge upon the production‚ sale‚ shipment or use of the product which ABA/GAV is required to pay or collect from Buyer shall be paid by Buyer to ABA/GAV unless Buyer furnishes ABA/GAV with a tax exemption certificate acceptable to the appropriate taxing authority. Any changes in tariffs‚ freight rate, or transportation charges prior to the date of shipment will be paid by the Buyer.
2.PAYMENT. Unless ABA/GAV’s Director of Credit and Collections has extended credit terms to Buyer in writing‚ or unless other terms are included in delivery documents issued by ABA/GAV for the products‚ payment terms are due prior to shipment in United States currency. ABA/GAV reserves the right to modify or withdraw credit terms at any time without notice and to require guarantees‚ security‚ or payment in advance of the amount of credit involved. If Buyer fails to fulfill the terms of payment‚ ABA/GAV may defer further shipment to Buyer or‚ at its option‚ cancel the unshipped portion of Buyer’s order. Buyer agrees to pay interest on all past due invoices at the highest contractual rate allowable under the laws of the State of Georgia.
3.TERMS OF SHIPMENT‚ ACCEPTANCE. ABA/GAV will ship in accordance with instructions supplied by Buyer‚ but if Buyer fails to furnish such instructions‚ ABA/GAV will select what is‚ in its opinion‚ the most satisfactory routing for shipment. If Buyer is to pick up products and has not done so within seven (7) days after notification that they are ready for shipment‚ ABA/GAV may ship the products via commercial carrier. Title to products passes at the same time as risk of loss. Any prepayment by ABA/GAV of freight charges shall be as stated in the delivery documents of the products. By accepting products from the carrier‚ Buyer agrees that they are free of defects‚ which a reasonably careful inspection would disclose. End items and/or spare parts shall be packed and packaged in accordance with reasonable commercial practice for one-way shipment by air and/or surface transportation.
4. DATE OF SHIPMENT. Shipping dates are given at the best of ABA/GAV’s knowledge based upon conditions existing at the time the order is placed and information furnished by Buyer. ABA/GAV will‚ in good faith‚ endeavor to ship by the estimated shipping date but shall not be responsible for any delay or any damage arising from its failure to ship by the estimated shipping date.
5. CANCELLATION OF ORDER BY BUYER: RETURN OF PRODUCTS FOR CREDIT. Buyer’s order may not be modified or rescinded except in writing and signed by ABA/GAV and Buyer. If all or part of Buyer’s order is terminated by such modification or rescission‚ Buyer‚ in the absence of a contrary written agreement between ABA/GAV and Buyer‚ shall pay termination charges based upon cost determined by accepted accounting principles plus a reasonable profit. In any circumstance‚ ABA/GAV’s written consent must be given in advance of Buyer’s return of products for credit.
6. FORCE MAJEURE. ABA/GAV shall not be liable for any failure to perform its obligations under this Agreement resulting directly or indirectly from or contributed to by any acts of God‚ acts of Buyer‚ acts of civil or military authority‚ priorities‚ fire‚ strikes or other labor disputes‚ accidents‚ floods ‚ epidemics‚ war‚ riot‚ delays in transportation‚ lack of or inability to obtain raw materials‚ components‚ labor‚ fuel or supplies‚ or other circumstances beyond AB AVIATION’s reasonable control.
7. DISCLAIMER OF ANY WARRANTY. BUYER ACKNOWLEDGES THAT IT IS PURCHASING PRODUCTS FROM ABA/GAV IN ABA/GAV’S CAPACITY AS A DISTRIBUTOR OF SUCH PRODUCTS FOR THE MANUFACTURERS OF SUCH PRODUCTS. BUYER ACKNOWLEDGES THAT IT WILL LOOK SOLELY TO THE WARRANTY(IES)‚ IF ANY‚ PROVIDED BY THE MANUFACTURER AND THAT ABA/GAV MAKES NO WARRANTIES ON ITS OWN BEHALF WHETHER EXPRESS‚ IMPLIED OR STATUTORY‚ INCLUDING‚ BUT NOT BY WAY OF LIMITATION‚ ANY WARRANTY OF MERCHANTABILITY‚ FITNESS FOR A PARTICULAR PURPOSE‚ COURSE OF DEALING‚ COURSE OF PERFORMANCE OR USAGE OF TRADE.
8. EXCLUSIVITY OF REMEDY‚ LIMITATION OF LIABILITY. In the event Buyer claims that ABA/GAV has breached any of its obligations under this Agreement‚ ABA/GAV may request the return of the products and tender to the Buyer the purchase price therefore paid by Buyer and‚ in such event‚ ABA/GAV shall have no further obligations under this Agreement except to refund such purchase price upon redelivery of the products. If ABA/GAV so requests the return of the products‚ the products shall be redelivered to ABA/GAV in accordance with ABA/GAV’s instructions at ABA/GAV’s expense. THE REMEDIES PROVIDED FOR IN THIS PARAGRAPH SHALL CONSTITUTE THE SOLE RECOURSE OF BUYER AGAINST ABA/GAV FOR CLAIMS RELATING TO THE SALE OR USE OF PRODUCTS‚ WHETHER THE CLAIM IS MADE IN TORT OR IN CONTRACT‚ INCLUDING CLAIMS BASED ON WARRANTY‚ NEGLIGENCE‚ STRICT LIABILITY‚ PRODUCT LIABILITY‚ OR OTHERWISE. IN NO EVENT SHALL ABA/GAV BE LIABLE FOR INDIRECT‚ INCIDENTAL‚ CONSEQUENTIAL DAMAGES‚ ANY DAMAGE TO AIRCRAFT‚ or LOSS OF USE. NOR SHALL ABA/GAV’s LIABILITY FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH THIS AGREEMENT OR THE MANUFACTURE‚ SALE‚ DELIVERY OR USE OF THE PRODUCTS EXCEED THE PURCHASE PRICE OF THE PRODUCT.
9. GOVERNING LAW‚ VENUE LIMITATION OF ACTIONS. This Agreement is performed in Winder, GA and shall be governed by laws of the State of Georgia without regard for its conflict of laws rules and specifically excludes the U.N. Convention on Contracts for the International Sale of Goods. No action for breach of this Agreement or any covenant or warranty arising under this Agreement‚ shall be brought more than one year after the cause of action has occurred. Buyer agrees that any legal action or proceeding by Buyer against ABA/GAV with respect to this Agreement will be brought in a court of competent jurisdiction located in Winder, Georgia, United States of America.
10. U.S. AND INTERNATIONAL TRADE CONTROL LAWS AND REGULATIONS: Buyer agrees that it is authorized to receive ABA/GAV provided products and is not listed or named on‚ or affiliated with a party listed or named on‚ the “Excluded Parties List System” or “EPLS‚” as described in the Federal Acquisition Regulations (currently Section 9.404)‚ or other Denied or Debarred Parties‚ or any other lists controlled by the U.S. Departments of State ‚ Commerce and Treasury. Buyer understands that this contract may involve information or items which are subject to the International Traffic in Arms Regulations (ITAR) or Export Administration Regulations (EAR) and which may not be released to “Foreign Persons” inside or outside the United States without the proper export authority (8 USC 1101(a)(20). Per 15 CFR 758.3 in a routed transaction where Buyer is a foreign party‚ Buyer shall be considered the Foreign Principal Party in Interest‚ and expressly agrees to assume responsibility for determining licensing requirements over all transactions‚ and as an authorized forwarding agent‚ with Power of Attorney to act on its behalf. Buyer will provide copies of such POA to office1@AB Aviation.net. Buyer will comply with applicable import and export laws and regulations of Buyer’s country and the United States and with all applicable export licenses and their provisos. In the event of a violation of this representation‚ without limiting its other rights and remedies‚ ABA/GAV reserves the right to terminate this purchase order without penalty. Buyer will not rely on ABA/GAV’s classification information. All sales shall be subject to the export and munitions control laws of the United States. Buyer shall not make any dispositions‚ re-exports or diversion of United States original products purchased from ABA/GAV except as U.S. laws may expressly permit.
11. TRANSPORTATION SECURITY REQUIREMENTS: Buyer agrees to make a good faith effort to require its agents (including, but not limited to,brokers and freight forwarders) to (i) comply with all applicable transportation security laws and regulations, and (ii) provide proper identification and purchase order number when picking up products from the Seller.