Sale & General Terms and Conditions

1. Sale of Material: All non new material supplied by TK Aviation is sold on an as is, where is basis. Material is subject to availability and/or prior sale/consumption. The Purchaser acknowledges that it is relying solely on its own inspection of the material; not on any representation or warranty, whether express or implied, made by TK Aviation unless expressly stated in this document. The purchaser shall have 30 days from the date the order is originally shipped by TK Aviation to inspect the material and, subject to the Return Policy stated below, return any rejected material to TK Aviation. Factory new material shall be subject to standard manufacturer's terms and conditions.
2. Payment: The Purchaser shall pay TK Aviation for the material in accordance with the terms set out on the invoice/sales order/quotation. The Purchaser is responsible for all taxes, duties, interest and other charges arising from the sale, delivery or use of the material and will reimburse TK Aviation for any such charges TK Aviation may be required to pay.
3. Title: TK Aviation warrants that it has the right to sell the material. TK Aviation warrants that it has not encumbered the material but otherwise gives no warranty that the material shall be free from any other encumbrance.
4. Shipping: All materials purchased are provided Free On Board the TK Aviation facility. Title and all risk passes to the Purchaser upon delivery to a carrier for shipment to the Purchaser.
5. Export Permits: This order is subject to all applicable export controls and, through acceptance of these terms and conditions, Purchaser affirms that it will, in turn, comply with all applicable export controls. At the Purchaser's request, TK Aviation will apply for any necessary export permits or approvals but TK Aviation is not responsible for their issuance or renewal. Fees, charges and/or duties associated with Export Permits are the responsibility of the Purchaser.
6. Limitation of Liability: TK Aviation makes no warranty, either express of implied, including but not limited to, any warranty of merchantability or fitness for particular purpose, of any of the material. All other obligations and liabilities either direct or consequential on the part of TK Aviation are hereby expressly disclaimed. TK Aviation will not be liable for any other remedy or liability for incidental or consequential damages resulting from a breach of contract or warranty, alleged negligence or otherwise, damage to airframe, engine, or other property, costs or expense of operation of any aircraft or substitute equipment, facilities or services, downtime costs, collection costs, attorneys fees, damages of any type, or claims of purchaser's buyers or other third parties for such damages, or any other loss, claim or demand of any description. No variation of any limitation or extension of any warranty or remedy shall be binding unless in writing and signed by a duly authorized representative of TK Aviation. No variation or extension shall apply to any other sale of material. The purchaser hereby releases TK Aviation and any person, firm or corporation from whom TK Aviation acquired possession of the material from any liability arising out of a defect of such material.
7. Conflicting or Invalid Terms: Where any terms on the Purchaser's purchase order are in conflict with any terms herein, the terms herein shall take precedence and the Purchaser's terms which are in conflict shall have no effect. Any unenforceable term shall not affect the validity of the remainder of the terms herein.
8. Language and Governing Law: Both parties have agreed that this contract be written in the English Language. The laws of the State of Texas shall govern this contract, without recourse to its conflict of laws provisions. Any dispute shall be settled by binding arbitration pursuant to the rules of the American Arbitration Association. The application of the United Nations Convention on the International Sale of Goods is hereby excluded.
   

RETURN POLICY

TK Aviation, at its sole discretion, may permit the return of material. No return will be accepted without TK Aviation's prior written approval or after the material has undergone dismantling, rework, or installation in an aircraft or engine. If material is purchased as a part of a lot, the Purchaser may not return the lot or any portion of the lot. Materials sold under the terms "SALE FINAL" may not be returned. When requesting permission to return any material, the purchaser must supply TK Aviation with the part number, quantity, condition, original sales order number and reason for return. Upon approving the return, TK Aviation will provide the Purchaser with a Return Material Authorization form (RMA) which should be referenced on the returned materials packing slip, marked of the exterior of the returned materials packaging, and a copy included within the shipment packaging. Issuance of an RMA number does not constitute acceptance of the returned material by TK Aviation. All permitted returns must include any and all documentation shipped with the material to the purchaser and be accompanied by the RMA form. If the reason for return is related to a physical defect of the material as per the representative FAA/EASA release tag, returned material at the request of TK Aviation, is to be accompanied by a brief description of said defect by a certified repair station or equivalent . At the discretion of TK Aviation, credit for the return may be withheld until all documentation is received by TK Aviation. In the event that any material ordered is not received by TK Aviation within the 30 day period referred to in item 1 above, the Purchaser may be subject may be subject to the following restocking fee: 

TK Aviation will not accept material for return after ninety-one calendar days from original shipment date. In the event that a return is permitted, the returned materials must be in the same condition as when they were shipped from TK Aviation for the return to be accepted by TK Aviation. If TK Aviation accepts the returned materials, TK Aviation may elect to replace the returned materials with like materials or credit the Purchaser's account the invoice price less the restocking charge. At TK Aviation sole discretion cost for freight, administration, packaging or other costs related to the returned material may not be refunded. All returned material must be packaged in such a manner as to prevent damage or material deterioration. Failure to adhere to this policy may result in denial of any return consideration. 

Purchase Order Terms and Conditions

APPLICABILITY: These terms and conditions of purchase are applicable to purchases made by TK Aviation from its vendors and/or suppliers (hereinafter "Seller").

ACCEPTANCE AND ACKNOWLEDGEMENT: Any performance on a TK Aviation purchase order (hereinafter "P.O.") is deemed an acceptance of the terms and conditions set forth on the face of the purchase order and these terms and conditions of purchase. No proposal to modify or supplement the P.O. via quotation, acknowledgement, previous agreement or modified terms and conditions shall be binding on TK Aviation, unless agreed to in writing by a TK Aviation authorized signatory.

INVOICES: Seller will send a separate invoice and provide advance notice for each shipment. Each invoice (or packing slip) must show supporting documentation such as the TK Aviation P.O. number, price, part number(s), part description(s), condition and quantities shipped. Any other terms and conditions, including but not limited to any terms and conditions on the back side of any Seller invoice or order acknowledgement, are specifically rejected by TK Aviation. Delays in receiving invoices, errors or omissions on invoice, or lack of supporting documentation required by the terms of the P.O. will be cause for withholding payment without losing any discount privilege.

PACKAGING: No charges shall be allowed for boxing, crating, packaging or any other handling unless such provisions are agreed to in writing. All goods must be packaged appropriately to arrive at destination without damage.

RECEIVING INSPECTION: All goods will be received by TK Aviation subject to inspection, as appropriate. If goods received are in non-conformance to P.O. specifications at TK Aviation's discretion, goods may be: (1) returned; (2) corrected; or (3) replaced, all at Seller's risk and expense, including all transportation costs incurred by TK Aviation. This clause shall not affect any of the rights or liabilities of the parties under the WARRANTY clause. The aforesaid in no way relieves the Seller of its responsibility to inspect and verify that goods meet the P.O. and specification requirements in all respects. Payment for goods prior to satisfactory inspection and testing shall not be deemed acceptance of the goods.

WARRANTY: Seller warrants that all goods delivered under the P.O. will be merchantable, free from defect in materials and workmanship, and conform to P.O. specifications. Seller acknowledges that this warranty (and any and all other surviving warranties) shall extend to TK Aviation, its successors, assigns and customers, who shall have the same rights as TK Aviation to seek warranty remedies. Without prejudice to any other remedy that TK Aviation may have, Seller shall be responsible for, and bear the expense of, any necessary correction due to the Seller's faulty materials or workmanship. Seller further warrants that all aircraft materials and/or components shall be furnished in compliance with all applicable Federal Aviation Administration regulations. All inspection records will be made available to TK Aviation upon request. Seller further warrants that all goods supplied or service performed shall be in accordance with all applicable federal, state and local laws including environmental protection and occupational safety and health. All warranties shall survive inspection, testing, acceptance and payment in accordance with Seller's or any other surviving warranty terms.

CERTIFICATION: Seller shall provide certification meeting the requirements of the Federal Aviation Administration AC-0056, applicable Federal Aviation Administration, EASA, CAA regulations, specified purchase order requirements and generally accepted industry standards, including but not limited to, Certificates of Conformance and Airworthiness release documentation which shall include previous engine serial number and related times and cycles (for non-new material) and manufacturer's certification when appropriate. All manufacturers' certificates of conformance, airworthiness releases, log books, and other documents shall be signed originals or certified true copies. For all documents not in English, Seller shall provide at Seller's expense a certified English translation. Additionally, Seller shall provide a certified statement disclosing whether parts or material were or were not:

1. Subjected to conditions of extreme stress, corrosive agents, heat, environment or operation outside normal parameters or OEM limits; and
2. Obtained from the U.S Government, agricultural aircraft or military sources.