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Terms & Conditions

Unless otherwise specifically agreed to in writing and signed by an authorized employee of Aircraft Parts Solutions, the following terms and conditions of sale shall apply resulting from Aircraft Parts Solutions, acceptance of Buyer’s order. Any different or additional terms and conditions of sale set forth herein shall be conclusively presumed from Buyer’s failure to reasonably object hereto in writing and from Buyer’s acceptance of all or part of the products ordered. Aircraft Parts Solutions, terms and conditions of sale represent the entire sales agreement of the parties and all proposals, negotiations, representations,or agreements made or entered into prior to or contemporaneously with this sales agreement, whether verbal or written, are excluded.

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1. PRICES
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All quotations are made for immediate acceptance and are subject to change without notice. Prices are F.O.B. Aircraft Parts Solutions, point of shipment unless otherwise specified and are subject to change without notice. Prices are stated in U.S. dollars, are exclusive of sales, use, excise or similar taxes and are subject to any price adjustment necessitated by Aircraft Parts Solutions, compliance with any act of government. Buyer is responsible for any tax or other governmental charge upon the production, sale, shipment or use of the product that Aircraft Parts Solutions, is required to pay or collect from Buyer shall be paid by Buyer to Aircraft Parts Solutions, unless Buyer furnishes Aircraft Parts Solutions, with a tax exemption certificate acceptable to the appropriate taxing authority. Such changes as may occur in tariffs, freight rates or transportation charges used in determining delivered prices after sale and on prior to dates of shipment will be for the account of Buyer.

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2. DELIVERY
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Aircraft Parts Solutions will deliver the Goods F.O.B point of shipment to Buyer’s carrier at the facility designated by the buyer or buyer’s agent. Title and risk of loss shall pass to Buyer upon collection by the buyers designated shipper. In the event delivery is delayed due to actions or omissions of Buyer, Aircraft Parts Solutions may, in its discretion, charge reasonable storage fees.

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3. PAYMENT
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Unless Aircraft Parts Solutions has extended credit terms to Buyer in writing, or unless other terms are included in delivery documents for the products, full payment is due before shipment occurs. Aircraft Parts Solutions, 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, Aircraft Parts Solutions, may defer further shipment to Buyer or 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 South Carolina. Customer agrees to pay a service charge of 1.5% per month or the max allowed by law, whichever is lower, on any past due balance carried over to a subsequent month and if the account is placed for collection, agrees to pay all costs of collection, including reasonable attorney fees.

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4. TERMS OF SHIPMENT, ACCEPTANCE
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Aircraft Parts Solutions will ship in accordance with instructions supplied by Buyer, but if Buyer fails to furnish such instructions, Aircraft Parts Solutions, 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, Aircraft Parts Solutions, may ship the products commercial carrier. Title to and risk of loss for the products passes to Buyer upon delivery to carrier. Any prepayment by Aircraft Parts Solutions, of freight charges shall be as stated in the delivery documents of the products. By accepting products from 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 best commercial practice for one-way shipment by air and/or surface transportation.

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5. DATE OF SHIPMENT
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Shipping dates are provided to Buyer on a best effort’s basis at the time by Aircraft Parts Solutions based on information furnished by Buyer. Aircraft Parts Solutions, will, in good faith, endeavor to ship by the estimated shipping date but shall not be responsible for any delay or any damage arising there from.

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6. EXPORT CONTROLS
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Performance hereunder is subject to the receipt of any necessary governmental export or import license, permit or similar authorization under all applicable export, import and customs laws, including U.S. export, import and customs laws affecting the goods and any associated technical data provided hereunder. No U.S. International Traffic in Arms Regulations controlled goods, services or technical data shall be provided to Aircraft Parts Solutions without its prior written consent. Notwithstanding any other provision, Aircraft Parts Solutions shall have no liability (including no obligation to provide substitute goods or services or technical data), nor shall it be in breach, if for any reason any government agency does not permit, fails to issue or renew or
cancels any permit or delays in issuing or renewing any permit affecting any Goods or any associated technical data provided hereunder.

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7. EXCHANGE FEE/CORE RETURN
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Unless otherwise noted in the sale, Exchange fee is based on a repairable unit. In the event the exchanged item exceeds normal overhaul, a supplemental invoice will be sent covering additional charges. If unit is deemed not repairable, customer will pay full replacement price. A core returned past the 30-day limit is subject to a $500 initial charge and $100 per calendar day thereafter.

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8. CANCELLATION OF ORDER BY BUYER or RETURN OF PRODUCTS FOR CREDIT
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All Goods being returned, regardless of reason, will require the issuance of a return authorization number from Aircraft Parts Solutions prior to the physical return of the Goods. Issuance of an authorization does not constitute acceptance of the return by Aircraft Parts Solutions. All returns will require certification that the aircraft the Goods were removed from was not involved in accidents, incidents, heavy landing, or lightning strikes, and life limited parts must include logbooks and maintenance records for removal. Issuance of a return material authorization does not constitute acceptance of the return by Aircraft Parts Solutions. Returns will be reviewed on a case-by-case basis, including warranty returns as provided in section. Buyer will ship any and all returns on Buyer’s account, and Aircraft Parts Solutions will review the shipping costs incurred by Buyer to determine if such costs are eligible for a refund by Aircraft Parts Solutions. To request an authorization number, please contact Aircraft Parts Solutions at +1-(888) 369-3886. A 35% re-stocking charges will apply, and any unused parts may be subject to recertification fees.
Returned parts must be in the original unopened container/ packaging accompanied with all provided documentation including original 8130 tags (if applicable). For the avoidance of doubt, Aircraft Parts Solutions will not provide credit for returned parts which have been installed on an aircraft, installed for trouble shooting purposes, mis-handled during installation and / or improper use beyond the OEM’s operating instructions. If the part was fitted and performed properly and a return is requested, full re-certification of the part(s) through an approved vendor will be required and considered a chargeable event to the purchaser.

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9. WARRANTY
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Aircraft Parts Solutions warrants to Buyer that

  • (a) following performance by Buyer of its obligations hereunder, at time of delivery, Aircraft Parts Solutions will transfer to Buyer good title to the Goods sold hereunder free and clear of all liens and encumbrances (other than any liens or encumbrances arising in the ordinary course of business or created
    by Buyer), and

  • (b) Goods sold hereunder will be in the condition set forth on the shipping documents, with the relevant documentation, and Aircraft Parts Solutions warrants that the Goods sold hereunder will be free from defects for the warranty period set forth below, commencing on the ship date from Aircraft Parts Solutions, and based on the condition of the Goods stated on the invoice for a period of 60 calendar days.

  • Parts sold "As Removed" have a warranty period of 45 days.

  • Parts purchased for the sole purpose of being overhauled, modified and/or upgraded; warranty terms above aren't applicable as it's strictly 'Operational Warranty' and buyer assumes 100% liability for items rejected during the course of the aforementioned work.

Written notice of any warranty claim must be provided as soon as possible following the discovery of the basis of the claim, using the return material authorization in section 8 above. Warranty claims must be made within 5 days of from discovery of the alleged defect. Aircraft Parts Solutions will review the warranty request after the Goods are received at Aircraft Parts Solution’s designated location. Approved warranty claims will be sent to Buyer in writing and Aircraft Parts Solutions will provide a refund of the amount paid once the part has been returned to the facility designated by Aircraft Parts Solutions.

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10. FORCE MAJEURE
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Aircraft Parts Solutions, shall not be liable for any failure to perform its obligations under this sales 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/pandemics, war, riot, delays in transportation, lack of or inability to obtain raw materials, components, labor, fuel or supplies, or other circumstances beyond Aircraft Parts Solutions reasonable control. 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 U.S. original products purchased from Aircraft Parts Solutions, except as said laws may expressly permit.

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11. DISCLAIMER OF ANY WARRANTY
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Buyer acknowledges that it is purchasing products from Aircraft Parts Solutions, in which they serve in the capacity as a distributor of such products for the manufacturers and consumers of such products. Buyer acknowledges that it will solely abide by the warranty(s), if any, provided by the manufacturer and that Aircraft Parts Solutions, makes no warranties on its own behalf whether express, implied or statutory, including, but not by way of limitation, any warranty of merchantability of fitness or particular purpose concerning such products.
For greater certainty, in no event shall Seller be responsible for any special, incidental or consequential damages arising out of or in connection with either a breach of such warranty or for patent infringement, or any tortious or negligent act or omission by Seller. Special, incidental or consequential damages include, without limitation, economic loss, lost profits, loss of use, loss or damage to any property or person or any other exemplary or punitive or similar damages. No variation or extension of the foregoing warranty or associated remedies shall be binding unless in writing and signed by a duly authorized representative of Seller. Buyer’s acceptance of the foregoing or the making of any claim or receipt of any benefit thereunder, constitutes Buyer’s acceptance of all the foregoing terms, conditions and limitations. In no event shall Seller’s liability exceed the price on the face of the Order, whether based in contract, strict liability, fault, tort, or any other right.

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12. EXCLUSIVITY OF REMEDY, LIMITATION OF LIABILITY
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In the event Buyer claims that Aircraft Parts Solutions, has breached any of its obligations under these Terms and Conditions of sale, Aircraft Parts Solutions, may request the return of the products and tender to Buyer the purchase price therefore paid by Buyer and, in such event, Aircraft Parts Solutions, shall have no further obligations under the sales agreement except to refund such purchase price upon redelivery of the products. If Aircraft Parts Solutions, so requests the return of the products, the products shall be redelivered to Aircraft Parts Solutions, in accordance with Aircraft Parts Solutions, instructions at Aircraft Parts Solutions, expense.
THE REMEDIES PROVIDED FOR IN THIS PARAGRAPH SHALL CONSTITUTE THE SOLE RECOURSE OF BUYER AGAINST AIRCRAFT PARTS SOLUTIONS, FOR BREACH OF ANY OF AIRCRAFT PARTS SOLUTIONS’S OBLIGATIONS UNDER THE SALES AGREEMENT WITH BUYER, WHETHER THE CLAIM IS MADE IN TORT OR IN CONTRACT, INCLUDING CLAIMS BASED ON WARRANTY, NEGLIGENCE OR OTHERWISE, IN NO EVENT SHALL AIRCRAFT PARTS SOLUTIONS, BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, NOR SHALL AIRCRAFT PARTS SOLUTIONS’S LIABILITY FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH THIS SALES AGREEMENT OR THE MANUFACTURE, SALES DELIVERY OR USE OF THE PRODUCTS EXCEED THE PURCHASE PRICE OF THE PRODUCT.

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13. GOVERNING LAW, VENUE LIMITATION OF ACTIONS
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This sales agreement shall be performed in the state of South Carolina and shall be governed by the Uniform Commercial Code as adopted in the State of South Carolina, as effective amid enforce on the date hereof. Whenever a term defined by said Uniform Commercial Code is used therein the definition contained in the Uniform Commercial Code is to control. No action for breach of sale, this sales agreement or any covenant or warranty arising therefrom, shall be brought more than one year after the cause of action has occurred.

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TERMS AND CONDITIONS OF PURCHASE
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By accepting this order, the vendor/buyer agrees to the following terms and conditions:

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  • A) Vendor shall implement and maintain a Quality Management System sufficient to ensuring quality products and services are provided, with processes in place to address nonconforming situations as outlined below; 

  • B) Vendor/buyer shall notify Aircraft Parts Solutions, of any nonconforming conditions that affect the products in question, including products that have previously been delivered;

  • C) Vendor/buyer will ensure that suspected unapproved, unapproved, and counterfeit parts are prevented from use in products being supplied;

  • D) Vendor/buyer shall notify Aircraft Parts Solutions, of any changes to the product or processes/services that alter products’ condition and current documentation;

  • E) Aircraft Parts Solutions, our customers, and all applicable regulatory authorities do have access to the vendor’s facility to review processes and documentation associated with this order with prior notification (this includes vendor suppliers if any outsourcing was performed);

  • F) Products will be accompanied by appropriate conformance documentation including but not limited to certificate of conformance, certificate of traceability, test reports, airworthiness documents (Form 8130), etc.;

  • G) All Suppliers performing repair or refurbishing of parts must be an accredited FAA (EASA if applicable) Repair Station.

  • H) Vendor will maintain all records associated with certifying product conformance for no less than 2 years, regardless of if copies were provided to Aircraft Parts Solutions, with the products;

  • I) Vendor shall ensure that all persons involved are aware of their contribution to product or service conformity; their contribution to product safety; and the importance of ethical behavior;

  • J) All Suppliers will be evaluated based on On-Time-Delivery and Quality.  In the event that a Supplier is underperforming, APS reserves the right to request a Supplier Corrective Action (SCAR) and subsequently remove their approval status, if deemed necessary, to ensure the highest quality product/service for the customer/end-user.

 
 
 
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