|Aviation Engines Pty Ltd Terms & Conditions Of Trade|
|TERMS AND CONDITIONS FOR THE SALE OF PARTS AND SERVICES BY AVIATION ENGINES PTY LTD
1.1 Aviation Engines Pty Ltd ACN 008 197 797 includes its servants, agents, and independent contractors.
1.2 “Customer” means the person or entity, it servants and agents to whom Services or Parts are supplied.
1.3 “Equipment” means any item furnished by, or on behalf of the Customer upon which, or in relation to, Services are to be performed by Aviation Engines.
1.4 “Services” means any work performed by, or on behalf of Aviation Engines on, or in relation to the Equipment.
1.5 “Parts” means any item supplied by Aviation Engines to the Customer.
2.1 These terms and conditions of trade prevail over any terms put out by the Customer and unless otherwise agreed in writing by a director of
Aviation Engines shall govern the supply of all Services and Parts by Aviation Engines.
2.2 The Customer will will be deemed to have accepted all of the terms and conditions in these terms on placement of any order or instruction to
Aviation Engines for the supply of Services or Parts.
2.3 If any term or provision of these terms is held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision
will be severed from this agreement and the remaining terms and conditions will be unaffected.
3.TERMS OF PAYMENT
3.1 The Customer will pay cash for Parts and/or Services at the time of supply unless the Customer has an approved and established account credit
facility with Aviation Engines in accordance with clauses 3.2 and 3.3
3.2 Aviation Engines Terms and Conditions of Credit ( see separate document ) apply to the establishment, operation and use of funds provided on credit the
Customer’s credit facility with Aviation Engines.
3.3 To Customers that have been granted an account facility by Aviation Engines, the Customer shall pay cash within 28 days of the month in which the Parts
and /or Services were supplied without any deductions or set off.
3.3 Allowance to the Customer of time to pay, will not constitute a waiver by Aviation Engines of any of these terms nor be construed as Aviation Engines granting
credit facilities to the customer.
4. RISK AND RESERVATION OF TITLE
4.1 Risk in the Parts shall pass to the Customer when the Parts are delivered to the Customer or the Customer’s agent.
4.2 Not withstanding the risk of the Parts passing in accordance with clause 5.1, both legal and equitable title to the Parts will only be transferred to
the Customer when the Customer has met and paid for all that is owed in respect of any such Parts.
5. EXCHANGE COMPONENTS
5.1 When a Customer exchanges a Part for a new or overhauled Part, the value of the Customer’s Part will only be credited to the Customer’s account
after Aviation Engines has received, inspected, and valued the Part. The value of the Customer’s Part will depend on its condition.
5.2 Title to any trade-in exchange Parts shall pass to Aviation Engines forthwith upon replacement with new or overhauled units. The Customer warrants that
it has free and clear title to any part or “core” returned.
5.3 Any Parts replaced by Aviation Engines in the normal course of performing the Services will only be returned to the Customer if specifically requested in
writing by the Customer prior to work commencing. The Customer agrees that Aviation Engines may dispose of any replaced parts at Aviation Engines’s discretion.
6. RETURN OF GOODS AND DISPUTES
6.1 Credit for Parts returned will only be considered if the Parts are returned within 14 days of date of invoice. Parts returned for credit will be
subject to a restocking fee and freight charges. Parts specially ordered for a customer may not be returned for credit.
6.2 Claims for shortages, overcharging etc. will only be recognised if made in writing and forwarded to Aviation Engines within 14 days of the date of
invoice. Should there be any claim or dispute with regard to the Services or Parts supplied, the Customer shall pay the account in full otherwise
interest will accrue.
6.3 Clerical errors in computations, typing, quotations, delivery dockets, invoices, and credit notes by Aviation Engines are subject to correction
7. RESPONSIBILITY FOR EQUIPMENT
7.1 Title in the Equipment (but not the Parts) remains with the Customer at all times. The Equipment shall at all times, whilst in the care, custody, or
control of Aviation Engines be at the risk of the Customer.
7.2 Aviation Engines is hereby authorized for any purpose incidental to the Services to use or test the Equipment.
7.3 The Customer agrees to indemnify and keep indemnified Aviation Engines against any liability or loss including any consequential loss arising in any
manner in consequence of any hidden or latent defect in the Equipment.
7.4 The customer agrees that Aviation Engines may charge reasonable fees for the storage or hangarage of the Equipment. Aviation Engines may terminate any
storage or hangarage by giving the customer 5 days notice to collect the Equipment . The customer agrees that Aviation Engines is not responsible for any
deterioration or corrosion of the Equipment while the Equipment is being stored or hangared.
8. FREIGHT AND TRANSPORT
8.1 All Parts and Equipment shall be made available for collection from Aviation Engines’s premises and facilities. Any third party delivering the Equipment
or Parts will be the Customer’s agent and Aviation Engines will have no liability for acts or omissions of that agent even if delivery was arranged by Aviation Engines.
All costs for freight and cartage of Parts and Equipment to and from Aviation Engines’s premises and facilities including charges by Aviation Engines shall be to the
account of and payable by the Customer.
8.2 Aviation Engines does not accept any liability for loss or damage to any Parts or Equipment during transit. Any freight charges made to the customer do
not include any transit insurance. All carriers will be the Customer’s agents only.
9.1 Aviation Engines warrants that the Services will be performed with due skill and care.
9.2 In relation to Parts supplied by Aviation Engines to which a manufacturer’s warranty applies, Aviation Engines will procure the benefit of that warranty for the
customer, which is the sole and exclusive warranty for those goods.
9.3 In relation to Parts supplied by Aviation Engines to which a manufacturer’s warranty does not apply, Aviation Engines warrants that the Parts will be of acceptable
9.4 In relation to Parts supplied by Aviation Engines, that Aviation Engines purchased from overseas suppliers to service the Customer’s Equipment, the Customer
agrees Aviation Engines is acting as the Customer’s agent, and will not be deemed to be the Manufacturer for warranty purposes as may be interpreted under
the Australian Consumer Law.
9.5 In relation to second hand parts Parts supplied by Aviation Engines, second hand parts are sold on “as is where is” basis with all existing or future
inadequacies, faults or defects, if any, whether know or unknown. Aviation Engines does not warrant used or second hand goods that they are fit for purpose
or free from defects.
9.6 The Customer is responsible for the cost of all transport charges in respect to the return any Parts and or Equipment which are the subject of any
claim pursuant to this clause 9 and the supply by Aviation Engines of any replacement Parts.
9.7 These warranties are in addition to other rights and remedies that are available to the Customer at law. The Services and Parts supplied by
Aviation Engines come with guarantees and/or warranties that can not be excluded under the Australian Consumer Law.
9.8 Warranty Claim Procedure. You must apply to Aviation Engines in writing within 14 days of appearance of the defect with adequate proof of the date that
Parts were supplied or the Equipment was Service by Aviation Engines, the number of operational hours of the Parts or Equipment since supply, and the date
and circumstances of the event that may give rise to a warranty claim.
Terms and Conditions for the Sale of Parts and Service by Aviation Engines Pty Ltd
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15 th October 2015In relation to Parts that were supplied to which a manufacturer’s warranty applies, the warranty period is the time stipulated by the manufacturer. In
relation to Services performed by Aviation Engines, the warranty on Services is within 12 months from when the Equipment was first used, but no longer
than 24 months from the date of the completion of the Services, provided the Customer takes all necessary measures to ensure that the Equipment is
adequately stored and protected.
9.9 Upon becoming aware of any problem, you or any other person operating the Equipment must take all necessary steps to minimise any damage
that may arise. This warranty shall not apply to Equipment or Parts that have been subject to misuse, neglect, deterioration, foreign object damage,
tampering, improper storage, fuel contamination, detonation, pre-ignition, accident or operated beyond manufacturer’s limits such as, but not limited
to, speed, temperature or manifold pressure.
10. LIMITATION AND INDEMNITY
10.1 To the extent permitted by law, the liability of Aviation Engines, if any, arising out of, or in connection with the supply of Parts or Services under this
contract including negligence under any indemnity or any other rights of action whatsoever is limited:
(a) in the case Parts to which a manufacturer’s warranty applies, to that warranty.
(b) to any other Parts at the option and in the (reasonable) discretion of Aviation Engines:
(i) to the replacement of Parts or the supply of equivalent Parts, or
(ii) to the repair of the Parts, or
(iii) to the payment of the cost of replacing the Parts or acquiring equivalent parts, or
(iv) to the payment of of the cost of having the goods repaired, or
Or in the case of Services at the option of and in the (reasonable) discretion of Aviation Engines
(v) to refund the amount paid for the services, or
(vi) to supply the services again, or
(vii) the payment of the cost of having the services supplied again.
10.2 Consequential Loss. Notwithstanding anything else contained in these terms and conditions Aviation Engines will not be liable to the Customer or any
other party, for loss of profits or contracts, loss of production, loss of opportunity, loss of business reputation, subsistence accommodation or travel
costs, or other direct or consequential loss whether arising from negligence, breach of contract, or howsoever. In no event will Aviation Engines be
responsible for incidental or consequential damages arising out of the failure of any Part or Equipment to operate properly.
10.3 Aviation Engines reserves the right at any time to change the construction of Equipment, or Parts used, or to incorporate in the repair of Equipment any
changes that Aviation Engines, the manufacturer, or others might make without incurring any obligations to incorporate such alterations in Equipment
previously sold, repaired or overhauled by Aviation Engines.
11. PROVISION OF SERVICES
11.1 The Customer warrants to Aviation Engines that if the Customer is not the owner of the Equipment, that the Customer has the approval and consent of
the owner and its agent to both authorize both the performance of the Services and the fitting of Parts, and agrees to accept liability for payment for
the Services and Parts supplied under this contact.
11.2 The Customer acknowledges that Aviation Engines will only provide Services and Parts that have been requested by the Customer and that Aviation Engines has
no responsibility to provide any service or do anything on behalf of the Customer which has not been requested.
11.3 The Customer agrees that Aviation Engines may on behalf of the Customer subcontract Services to other suppliers or subcontractors.
11.4 The Customer agrees that Aviation Engines may at Aviation Engines’s discretion during the performance of Services use either original equipment
manufacturer’s parts or other approved replacement parts
11.5 The Customer agrees that Aviation Engines is acting as the Customer’s agent when sourcing and purchasing Parts and or Services to repair or overhaul
the Customer’s Equipment.
11.6 The Customer agrees that where only Parts are supplied, it is the Customer’s responsibility to check validity and application of Parts supplied.
11.7 The Customer agrees to indemnify Aviation Engines for any costs or expenses incurred to investigate a fault or failure of the Equipment or Parts where
the fault or failure is not a valid warranty claim.
11.8 The Customer agrees to insure and to keep insured the Equipment. If the Customer fails to insure the Equipment the Customer agrees that they
accept the full risk and consequence of any failure of the Equipment.
11.9 The Customer acknowledges that flying in a light aircraft may under the Civil Liabilities Act be classified as a dangerous recreational activity,
and that the Customer is responsible to advise all people who may use the Equipment of the possible risks.
11.10 The Customer acknowledges that Aviation Engines did not design or manufacture the Equipment or Parts and Aviation Engines is not responsible for who,
how, when, or where the Equipment is used or operated.
12.1 The Customer acknowledges that it has not relied on any representations made by Aviation Engines, which has not been expressly stated in this
agreement, or in written reports, technical circulars, or other literature produced by Aviation Engines.
12.2 Aviation Engine’s employees or agents are not authorized to make any representation concerning the Parts Equipment or Services unless such
representations are confirmed by Aviation Engines in writing.
13 EQUIPMENT FOR NON-CERTIFIED, EXPERIMENTAL, SPORT OR OTHER SIMILAR AIRCRAFT
13.1 It is the Customer’s responsibility to ensure that all Services performed on Equipment or Parts supplied for use in Equipment that is for use in
non-certified, experimental, sport or similar aircraft , is eligible for installation in accordance with the laws and regulations of the appropriate
airworthiness authority. It is the Customer’s responsibility to verify that the Equipment is suitable for the purposes for which it is to be used.
14. INTELLECTUAL PROPERTY
Any intellectual property devised by Aviation Engines whether pursuant to any contact for Services shall be the property of Aviation Engines unless otherwise agreed
Quotations supplied by Aviation Engines shall be in writing and shall
(i) relate only to the Services and Parts specifically itemized in the quotation.
(ii) be subject to changes in foreign exchange rates for Parts sourced from overseas suppliers.
(iii) is exclusive of all tax and duties unless specifically identified.
(iv) be valid for the period specified on the quotation unless withdrawn or varied by Aviation Engines prior to Aviation Engine’s receipt of the Customer’s
16. GOVERNING LAW
These terms and conditions of trade shall be governed by the laws of South Australia and shall be subject to the jurisdiction of the courts of South
Aviation Engines Terms of Trade 15th October 2019 2 Page Version