1. Definitions:
In this document, "Seller" refers to DCA GLOBAL AVIATION LLC, the party offering for sale, the equipment and/or related services if any. "Buyer" refers to the party issuing a purchase order or otherwise buying "Equipment" from the "Seller".
2. Applicable Terms:
These terms govern the purchase and sale of parts/ services referred to in Seller's quotation, proposal, or order acknowledgement, as the case be ("Seller's Documentation"). Whether these terms are included in an offer for sale or an order acceptance by Seller, such offer or acceptance is conditioned on Buyer's assent to these terms. Seller rejects all additional or different terms in any of Buyer's forms or documents, unless agreed to in writing. DCA GLOBAL AVIATION often accepts orders based upon initial email or phoned in orders. Seller is not contractually bound by any additional terms or requirements that appear in confirming documentation that arrive at Seller's place of business after order acknowledgement and commencement of order fulfillment. Any acceptance of Buyer's terms may affect applicable pricing.
3. Payment:
Buyer shall pay Seller the full purchase price as set forth in Seller's documentation. All payments are due within 30 Days after receipt of invoice (If credit Terms have been granted). Buyer shall be charged the lower of 2% interest per month or the maximum legal rate on all amounts not received by the due date and shall pay all of Seller's reasonable costs (including attorney's fees) of collecting amounts due but unpaid. All orders are subject to credit approval and all orders are payment in advance within reaching $ 25,000 of sales within a calendar year.
4. Shipping:
The shipping method will be EXW manufacturer chosen by the Seller, unless specified otherwise by the Buyer and agreed to be the Seller. Buyer shall pay freight, storage, insurance and all taxes, duties or other governmental charges relating to parts / services. If Seller is required to pay any charges on behalf of the Buyer, Buyer shall immediately reimburse Seller.
5. Ownership of Materials:
All devices, designs (including drawings, plans and specifications), estimates, prices, notes, electronic data and other documents or information prepared or disclosed by Seller, and all related intellectual property rights, shall remain Seller's property. Seller grants Buyer a non-exclusive, non-transferable license to use any such material solely for Buyer's use of the equipment. Buyer shall not disclose any such material to third parties without Seller's prior written consent.
6. Warranty
DCA acts solely as a venue for buyers and sellers of Aviation products to sell products and services to each other or as a Distributor or Supplier of Aviation Products. All warranties expressed or implied are provided by the manufacturers of the Products or the Certified Repair Stations that overhauled or repaired products sold through DCA; Furthermore, Buyers agree not to hold DCA liable for any loss, damage, injury, cost of repair or related damages of any kind.
The provisions of this agreement shall be construed and enforced in accordance with the law of the State of Florida.
7. Force Majeure:
Either Seller nor Buyer have any liability for any breach (except for breach of payment obligations) caused by extreme weather or other act of God, strike or other labor shortage or disturbance, fire, accident war or civil disturbance, delay of carriers, failure of normal sources of supply, act of government or any other cause beyond such party's reasonable control.
8. Cancellation:
If Buyer cancels or suspends his order for any reason other than Seller's breach, Buyer shall promptly pay Seller for work performed prior to cancellation or suspension and any other direct costs incurred by Seller because of such cancellation or suspension.
9. Restricted Offer for Sale:
Buyer acknowledges that products sold by Seller are not intended for and will not be used in applications where product failure could lead to bodily injury, loss of life or catastrophic properly damage. Seller has no specific knowledge and does not exercise any control over the way Seller's products are installed or used. Buyer will indemnify and hold Seller harmless from any loss, cost or damage resulting from customer's breach of the provisions of this paragraph.
10. LIMITATION OF LIABILITY:
NOTWITHSTADING ANYTHING ELSE TO THE CONTRARY, SELLER SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, AND SELLER'S TOTAL LIABILITY ARISING AT ANY TIME FROM THE SALE OR USE OF THE PARTS/SERVICES SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE PARTS/SERVICES. THESE LIMITATIONS APPLY WHETHER THE LIABILITY IS BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY.
11. Miscellaneous:
If these terms are issued in connection with a government contract, they shall be deemed to include those federal acquisition regulations that are required by law to be included. These terms, together with any quotation, acknowledgement issued or signed by the Seller, comprise the complete and exclusive statement of the agreement between the par1ies (the "Agreement") and supersede any terms contained in Buyer's documents, unless separately signed by Seller. No part of the Agreement may be changed or cancelled except by a written document signed by Seller and Buyer. No course of dealing or performance, usage of trade or failure to enforce any term shall be used to modify the Agreement. If any of these terms is unenforceable, such terms shall be limited only to the extent necessary to make it enforceable, and all other terms shall remain in full force and effect. Buyer may not assign or permit any other transfer of the Agreement without Seller's prior written consent.
12. THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA AND THE PARTIES THERETO HAVE REQUIRED AND AGREED THAT THIS AGREEMENT, THE PROPRIETARY INFORMATION AND ANY NOTICE PURSUANT TO ARTICLE 8 BE DRAWN UP IN THE ENGLISH LANGUAGE ONLY: