TERMS OF SALE & SERVICE

Introduction

Welcome to Avionics Source, Inc D.B.A. Aircraft Source (the company). We sell aircraft electronics, aircraft parts, aircraft instruments, and pilot supplies worldwide through our website at the following URL: www.AircraftSource.com (the “Website”). The Terms of Sale described below govern your use of any of portion of the Website and the purchase of any products or services from the Company. You should carefully read and understand the Terms of Sale described in this document, and you should read the entire document.

Acceptance of Terms of Sale

By using, visiting, browsing, or purchasing the products described, listed and identified on the Website, you accept and agree to be irrevocably bound by these Terms. If you do not agree to these Terms, you should not use, visit or browse the Website or purchase any products or services from the Company. These Terms, together with the Privacy Policy established by the Company and posted on the Website, constitute the entire agreement between you and Company and supersede any and all previous agreements, written or oral, between you and Company, including previous versions of the Terms.

Any failure or delay in the enforcing or exercising of a right by the Company is not a waiver of that right.

Terms of Sale

Unless a product sold by the Company is explicitly described in writing as including a warranty issued or extended by a third party OEM (Original Equipment Manufacturer) or repair station, all products sold by the Company are sold to you on an “As Removed” basis, subject to the disclaimer of warranties described below.

Some products may be supplied with an FAA Form 8130-3 (“Airworthiness Approval Tag” or “Tag”) provided by an FAA approved OEM or repair station. The Tag does not modify the sale of the product on an “As Removed” basis, and does not create any guarantee or warranty on the part of the Company that the product will perform in good working condition for any promised amount of time.

IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DAMAGES, LOSS, INJURY, COSTS, CLAIMS OR CAUSES OF ACTION WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, EXEMPLARY, AND CONSEQUENTIAL DAMAGES, BODILY INJURIES OR DEATH, PROPERTY DAMAGE, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, ATTORNEY FEES OR ANY LEGAL COSTS) RESULTING FROM THE PURCHASE, USE OR INABILITY TO USE A PRODUCT OR THE USE OF THE AIRCRAFT IN WHICH THE PRODUCT PURCHASED FROM THE COMPANY IS INSTALLED (INCLUDING BUT NOT LIMITED TO LABOR COSTS ASSOCIATED WITH INSTALLATION OR PRODUCT REMOVAL OR ANY SOFTWARE SUPPLIED WITH THE PRODUCT), WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EXISTING NOW OR WHICH MAY BE CREATED IN THE FUTURE, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND BY PURCHASING AND COMPLETING A TRANSACTION WITH COMPANY, YOU HEREBY WAIVE ANY AND ALL RIGHTS TO PURSUE ANY SUCH CLAIM OR CLAIMS AND EXPRESLLY ACKNOWLEDGE THAT THE COMPANY SELLS ITS PRODUCTS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES MADE OR CREATED ON BEHALF OF THE COMPANY INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE SUCH EXCLUSION OR LIMITATION APPLIES TO THE FULLEST EXTENT ALLOWABLE UNDER THE APPLICABLE LAW. YOU ACKNOWLEDGE THAT YOU HAVE RECEIVED SUFFICIENT AND AMPLE CONSIDERATION FOR THE LIMITATION OF LIABILITY DESCRIBED HEREIN.

Returns and Refund Policy

Our general return policy allows for the return of many products in new, un-opened condition, when returned in a timely matter. However, many products we sell are not returnable. Aircraft Source makes every effort possible to inform customers at time of purchase that an item being purchased may be a “non-returnable” item. There is a $75 inventory fee for products valued up to $999, and $150 for all products valued $1,000+. You will receive a refund less this amount once we have received your return. This amount does not qualify towards any restock fee or policy.

Reasons a product may not be acceptable for return include, but are not limited to:

  • Special Order Items
  • Non stocking product
  • Lost or “Broken” Traceability
  • Items Sold as Non-Returnable
  • Computer Based Products
  • Programmed Items
  • Time Sensitive Items
  • Outdated Items
  • Used Items
  • Damaged Items
  • Opened Items

This policy is to ensure that when any customer purchases an item from Aircraft Source, they can be assured they are receiving new, un-opened product unless otherwise specified. All Installation products are fully traceable and certified.

FAA Approved Aircraft Parts:

Rules for FAA certified aircraft parts such as TSO, PMA, etc.

  • Returns are only approved for items in “new” condition. Packaging must be un-opened, original and intact, containing no additional markings or broken seals.
  • Returns are only approved if there were no “special terms or conditions” agreed to at time of order prohibiting a return.
  • Special order or non stocking FAA approved products have varying 15-20% restock fees depending on the OEM. Sales will verify upon return.
  • All returns require a Form 8130 issued by returning agency to validate item is new, un-used, and eligible for restocking at Aircraft Source.
  • If item is returned with a Form 8130 stating “New and Unused” BUT is not returned in “new” condition, a restocking fee of 20% will apply.
  • Used items cannot be returned.

General Terms

Changes to Terms

The Company reserves the right, from time to time, with or without notice to you, to change these Terms, in our sole and absolute discretion. The Company may also freely assign or transfer these Terms or any portion thereof. The most current version of these Terms can be reviewed by visiting our website and clicking on “Terms of Service” located at the bottom of the pages displayed at the Website.

If any provision of this Agreement is declared void or unenforceable by any judicial authority, the remaining provisions of this Agreement not declared void or unenforceable shall remain in full force and effect.

Venue

Except to the extent provided below in this paragraph, all legal issues arising from or related to the use of the Website or the purchase or use of any product purchased from the Company will be construed in accordance with and determined by the laws of the State of Washington applicable to contracts entered into and performed within the State of Washington without respect to its conflict of laws principles. By using the Website, or purchasing or using any product purchased from the Company, you agree that the exclusive forum for any claims or causes of action arising out of such use is in King County, Washington. You hereby irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.

Trademarks

The trademarks, logos and service marks (collectively, the “Marks”) displayed on the Website are either owned by the Company or are owned by third parties. You are prohibited from use of such Marks without the express, written permission of the Company or the third party that owns such Marks.