1. The Terms and Conditions (hereinafter T&C) set forth below pertain to the sale of goods (hereinafter Goods) by and between SkyHigh Accessories, Inc. (hereinafter referred to as Seller) and their Customers (hereinafter Customer). The T&C may not be added to, modified, or otherwise altered, except by an authorized representative of Seller in writing with specific references to this document. By issuing a purchase order, placing an order by telephone, or requesting goods through any other document (collectively hereinafter referred to as Order(s) the Customer hereby expressly agrees to the stated conditions below. The T&C herein constitute the entire agreement of the parties, both Seller and Customer, with respect to Goods supplied by Seller. These T&C supersede any and all other oral or written agreements, understandings, statements or representations.
2. ORDERING INFORMATION AND CANCELLATION: All Orders for Goods must be made and/or confirmed in writing and are subject to approval and confirmation upon receipt by Seller. Cancellation of any Order, in whole or in part, may not be made without the written consent of Seller and provided further that specially ordered Goods may not be canceled without payment to Seller for all expenses incurred by Seller in connection with the placement and subsequent cancellation of specially ordered Goods. See paragraph 11 for further terms regarding returns of cancelled Orders.
3. ACCEPTANCE OF ORDER: Seller’s acceptance of the Customer’s Order is expressly made conditional on the Customer’s agreement to the T&C herein outlined. Customer’s agreement shall be conclusively presumed from Customer’s failure to object in writing via email to customerservice@skyhighaccessories.com within 24 hours of receipt of the Order.
4. PAYMENT TERMS: Terms of payment are shown on the front of Seller’s invoice (hereinafter Invoice), subject to such limits or changes as may be set by Seller. Payment for all amounts due listed on the Invoice shall be made in U.S. dollars, and unless otherwise stated on the Invoice and signed by an authorized representative of the Seller, shall be due and payable according the Invoice terms. Unless otherwise agreed to in writing, all payments shall be non-refundable. The prices quoted are exclusive of shipping costs, exporting fees, duties and all taxes with respect to the purchase or use of the Goods purchased hereunder, which shall be the sole responsibility of Customer. If payment is not made within 30 days of its due date, interest shall accrue on any unpaid balance at the lesser of (i) 1.5% per month or (ii) the highest rate permitted by applicable law. Seller shall retain a purchase money security interest in all Goods sold to Customer until Seller receives payment in full for all Goods. Customer hereby agrees to promptly execute and deliver to Seller such further documents as Seller may request to perfect such security interest. Upon failure of the Customer to pay the Invoice as set forth herein, the Customer hereby grants the Seller the right to come onto the premises of the Customer or Customer's purchaser and to reclaim all of the goods under this agreement.
5. CREDIT: Seller reserves the right to, at any time, revoke any credit extended to the Customer if Customer fails to pay for any Goods promptly when due or for any other reason in the sole and absolute discretion of the Seller.
6. TRANSPORTATION CHARGES: All transportation charges, including insurance, and risk of loss or damage in transit are the responsibility of Customer; any claims made by Customer for in-transit loss or damage shall be made with the carrier. Payment or allowances of freight charges by Seller shall not alter or waive this provision unless agreed otherwise. All Goods purchased shall be shipped FOB Plantation, FL.
7. DELIVERY: Failure of the Seller to make delivery when due, if such failure is due to any reason beyond the control of the Seller, shall not subject the Seller to any liability from the Customer or their assigns. Seller reserves the right to make delivery in installments that shall be separately Invoiced and paid for when due. Delay in delivery of installments will not relieve the Customer of its obligation to accept remaining deliveries of Goods.
8. FORCE MAJEURE: Seller shall not be charged with any liability for delay or non-delivery when due to delays of suppliers, acts of God, compliance in good faith with any applicable foreign or domestic governmental regulation or order, whether or not it proves to be invalid, fires, riots, labor disputes, unusually severe weather, or any other cause beyond the control of Seller. In the event said events cause delays of delivery, the time for performance shall be extended for as many days beyond the date thereof as required to obtain removal of such causes. This provision shall not, however, relieve Seller from using reasonable efforts to avoid or remove such causes and continue performance with reasonable dispatch whenever such causes are removed. Seller will supply evidence of delays when requested, if such proof can be furnished.
9. CLAIMS: Customer shall inspect Goods immediately upon receipt. Any claim, including, but not limited to, claims for document deficiency, defect, or shortage shall be made in writing to the Seller via email at customerservice@skyhighaccessories.com within three (3) days after Customer’s receipt of Goods. Failure to notify Seller in writing of a claim in the manner provided herein constitutes a waiver of the claim. No Goods may be returned without Seller‘s written consent, the issuance of an RMA number by Seller, and in accordance with instructions furnished by Seller, postage prepaid. ALL RETURNS MUST BE IDENTIFIED BY THE APPLICABLE RMA number and all original documentation must be returned to the Seller for the claim to be considered. RETURNS ARE SUBJECT TO A 25% RESTOCKING FEE.
10. WARRANTY: Seller hereby agrees to honor the warranty for overhauled, repaired, or new parts in the Order reflective of the OEM or FAA repair shop used, as stated on the certificates provided with the Goods sold. The Customer shall give notice of an alleged defect to Seller within three (3) days after discovery thereof, and such notices shall contain detailed particulars setting out the nature and ground of the claim. Transportation charges for the return of such defective Goods to Seller, its reshipment to the Customer, and the risk of loss thereof will be borne by Seller only if returned in accordance with the shipping instructions provided by Seller. Seller shall not be liable under this warranty in any of the following events, namely: (a) if the aircraft component in which the part is fitted has not been operated, maintained, overhauled, or stored in accordance with the Manufacturers' instruction; (b) if the said defective part shall have been handled, stored, repaired, or altered by the Customer in any way which may have impaired its safety of operation or efficiency (including but not limited to disassembly, testing or repairing the unit in any way will void the warranty by the 145 and Skyhigh Accessories and return will not be accepted); (c) if the aircraft component in which the said part is fitted has been subjected to any abnormal condition or to misuse or neglect or shall have suffered any accident. (d) If assignable, the Customer shall be entitled to receive the benefit given by the supplier of materials to Seller, and for this purpose Seller hereby agrees to assign the benefit of such warranty to the Customer.
11. RETURNED GOODS: All sales are final. A request for a return of Goods must be submitted in writing to the Seller. The return of any Goods will be accepted only with prior written approval from the Seller. No Goods may be returned without Seller‘s written consent, the issuance of an RMA number by Seller, and in accordance with instructions furnished by Seller, postage prepaid. ALL RETURNS MUST BE IDENTIFIED BY THE APPLICABLE RMA NUMBER and all original documentation must be returned to Seller for a return to be processed. RETURNS ARE SUBJECT TO A 25% RESTOCKING FEE. In lieu of a refund for returned Goods less the 25% restocking fee, the Seller, at their discretion, may offer the Customer a credit for future purchases for the full amount of the original purchase price of the returned Goods as stated on the original Invoice.
12. LICENSE/REGULATIONS: All Goods purchased shall be shipped FOB Plantation, FL. The Goods purchased hereunder may be subject to export and the Customer agrees to comply with all regulations and laws for said export and acknowledges that they, the Customer, have the sole responsibility to obtain licenses to export or re-export all Goods purchased by Customer from Seller. Customer represents and warrants that the Goods shall not be used or exported, directly or indirectly, in violation of any laws and/or regulations. Should the Seller apply for licenses on behalf of the Customer, a non-refundable $150 administrative fee will apply and be invoiced to the Customer.
15. ATTORNEY’S FEES AND COSTS: In the event of a default under this T&C agreement, Customer agrees to pay Seller’s attorney’s fees and costs incurred by Seller in bringing any lawsuit, whether at law or equity, to recover the sums due Seller by Customer. The attorney’s fees and costs recoverable by Seller shall include those incurred by Seller in any appellate proceedings and any proceeding required to collect any judgment rendered in connection therewith.
16. ASSIGNMENT/WAIVER: This T&C contract is not assignable by Customer without the prior written consent of Seller. If any term of this T&C agreement is determined to be invalid or unenforceable under applicable law, such term or terms shall not apply, but the remaining terms shall remain in full force and effect.
17. NOTICES: All notices or communications of any kind under and with respect to this T&C agreement and the Goods shall be in the English language.