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Terms & Conditions
TERMS AND CONDITIONS OF SALE
1. Orders: Minimum order size is $150.00.
2. Payment Terms: Net 30 days from the date of invoice. In the event of delay in payment, Omni Aerospace, Inc. (Seller) shall have the right to suspend deliveries, or require full or partial payment in advance, or cancel the order until full payment is received. The Buyer agrees to pay all legal fees and court costs incurred by the Seller to collect any amounts owed by the Buyer, including reasonable cancellation charges to cover material, labor and overhead costs expended by the Seller.
3. Price and Delivery: Prices are F.O.B. our plant. The Seller is not liable for damage to or loss of goods after delivery to a common carrier. Delivery of many catalog items is from stock in moderate quantities. For other products, a delivery date will be quoted upon request. Delivery dates are approximate and the Seller accepts no liability for losses, incidental or consequential damages due to delays caused by Acts of God, wars, riots, governmental or legal authorities, strikes or any other cause beyond the Seller’s control.
4. Design Control: The Buyer may request, in writing, that the Seller agree to make no design changes without the advance approval of the Buyer. Otherwise, the Seller reserves the right to make changes in the design and manufacture of any item without incurring any obligation to revise items manufactured for, or delivered to, the Buyer prior to such a change. The Buyer is responsible for the validation of the product design (reference: ISO 9001) and to determine that the product is suitable for use in the Buyer’s intended application. The Buyer is deemed to have accepted and validated the product design upon acceptance of a shipment from the Seller.
5. Entire Agreement: These Terms and Conditions constitute the entire agreement between the Buyer and the Seller. If the Buyer’s order has Terms and Conditions that are different from, or in addition to, the Seller’s Terms and Conditions, the Seller will process the order but does not accept the Buyer’s Terms and Conditions. No representative of the Seller has any authority to modify these Terms and Conditions unless approved in writing and signed by an officer of the Seller. Upon acceptance of a shipment from the Seller, the Buyer is deemed to have accepted the Seller’s Terms and Conditions. The rights and obligations of the Buyer and the Seller shall be governed by the laws of the State of Kansas and the Buyer and Seller agree that any legal action or arbitration shall be brought within the State of Kansas. CONFLICT MINERALS COMPLIANCE. Section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, and the Securities and Exchange Commission Rules adopted in connection therewith, require certain corporations to report the use of “Conflict Minerals” in the manufacture of their products. Generally, Conflict Minerals collectively refers to cassiterite, columbite, tantalite, gold, wolframite, or their derivatives, including tantalum, tin and tungsten, which originate from the Democratic Republic of the Congo or specified adjoining countries. Omni Aerospace, as a privately held corporation, is not subject to the Conflict Minerals rules and reporting requirements. However, we understand that our customers may be, and we are committed to helping our customers comply with their reporting requirements. In order to determine if our manufactured products contain Conflict Minerals, we have conducted a survey of our key suppliers to ascertain their use of any Conflict Minerals in the materials they supply to us. The results of that survey demonstrate that our key suppliers do not use Conflict Minerals in the materials they supply to us. Consequently, we can in turn represent that, to the best of our knowledge, our products do not contain Conflict Minerals. We will continue to work with our key suppliers to ensure that we are able to identify the use of Conflict Minerals in our supply chain, and the representations made in this compliance statement remain accurate. To that end, we reserve the right to amend this statement at any time based on subsequent developments or information. Should you become aware of any of your products having Conflict Minerals please contact the Omni Aerospace buyer with details. If you have any other questions or concerns regarding this statement, please do not hesitate to contact us.
6. Limited Warranty: Items returned (transportation prepaid) within one year from the date of shipment, which the Seller determines to be faulty by reason of defective materials or faulty workmanship, will be replaced or repaired at the Seller’s discretion, free of charge. THIS REMEDY IS THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO THE BUYER IN THE EVENT OF A BREACH BY THE SELLER. Returned items that show evidence of mishandling or misapplication may be returned by the Seller at the Buyer’s expense. The Seller shall not be liable for damage to or loss of goods furnished by the Buyer.
THE SELLER IS NOT TO BE HELD LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY ITS PRODUCT, INCLUDING, BUT NOT LIMITED TO: DAMAGES FOR LOSS OF USE, INCOME, PROFIT OR GOODWILL; LOSSES SUSTAINED AS A RESULT OF INJURY (INCLUDING DEATH) TO ANY PERSONS; AND/OR DAMAGES TO PROPERTY, OTHER THAN THE PRODUCT. IN NO CASE SHALL THE SELLER’S LIABILITY EXCEED THE PRICE PAID FOR THE PRODUCT.
When products are supplied, at the Buyer’s request, on a “best effort” basis for use under conditions that exceed design specifications, these products are shipped “as-is”, with no warranty, stated or implied.
The Seller’s products are not designed, authorized, or warranted to be suitable for use in lifesupport devices or systems or other critical applications that involve potential risks of death, personal injury, or severe property or environmental damage. Inclusion of the Seller’s products in such applications is understood to be fully at the Buyer’s risk.
THIS WARRANTY IS EXPRESSLY IN LIEU OF ANY OTHER EXPRESSED WARRANTY OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATIONS OR LIABILITY ON THE PART OF SELLER OR ITS EMPLOYEES OR AGENTS.