Terms & Conditions
For the purpose of these General Terms and Conditions of Purchase, AVGROUP, Inc shall be known as the “Buyer” and the supplier of the goods shall be known as the “Seller” hereunder. Agreement by Seller to furnish the materials or services hereby ordered, or actually furnishing such materials or services in whole or in part, shall constitute acceptance by Seller of this purchase order subject to these terms and conditions. In the event that this purchase order does not state price or delivery, Buyer will not be bound to any prices or delivery to which it has not specifically agreed in writing. Any terms or conditions proposed by Seller inconsistent with or in addition to the terms and conditions of purchase herein contained shall be void and of no effect unless agreed to by Buyer. These terms and conditions, together with such modifications and with such data relating to price and delivery as are accepted in writing by Buyer, constitute the entire agreement between the parties.
Seller shall be responsible for the proper packaging of materials hereunder. For material purchased F.O.B. Origin shall be used for domestic shipments and Ex-works for international shipments. Seller shall not insure or declare a value, except when required for international shipments or specifically directed by Buyer to do so.
Buyer reserves the right to refuse or return at Seller’s risk and expense shipments made in excess of Buyer’s orders, in advance of required schedules, or to defer payment on advance deliveries until scheduled delivery dates. Seller shall notify Buyer in writing immediately of any actual or potential delay or threat of delay to the timely performance of this order.
Any goods which are nonconforming as to the quality, quantity, configuration, or delivery schedule shall constitute a breach of this Order and Buyer shall have the right to reject such goods, in whole or in part, and notify Seller thereof. In the event of such a tender, Buyer shall be entitled to all remedies as provided by law, and in addition thereto shall have the right to do any or all of the following: (a) to hold such nonconforming goods for a reasonable period at Seller’s risk and expense pending a determination to accept or reject any or all thereof; (b) to return such nonconforming goods to Seller at Seller’s expense for replacement or correction; (c) to accept such nonconforming goods subject to an equitable price reduction; or (d) to terminate this Contract as provided below.
Buyer may by notice in writing direct Seller to terminate this Order, in whole or in part at any time, and such termination shall not constitute a default. Seller shall be reimbursed for actual costs incurred prior to the date of termination, plus a reasonable profit for work performed to the date of termination. Buyer may take immediate possession of all work performed hereunder upon notice of termination. In the event of Seller’s default hereunder, Buyer may exercise any or all rights accruing to it both at law and in equity.
Unless otherwise expressly agreed in writing to the contrary, all specifications, information, data, drawings, software and other items supplied to Buyer by Seller shall be disclosed to Buyer on a non-confidential basis and may be used and/or disclosed by Buyer without restriction. Seller shall not publish, distribute or make any news release about the subject matter of this Order or any program relating thereto without the prior written permission of Buyer.
Data, as used in this clause, means technical writing, sound recordings, pictorial reproductions, drawings, or other representations and works of a technical nature, which are specified to be delivered or which are produced pursuant to this Order. All data first produced in the performance of this Order shall be the sole property of Buyer, subject to any right or interest of the Government. Seller agrees not to assert any rights in or to use said data without the prior written consent of Buyer.
Seller warrants the materials delivered or services rendered pursuant to this Order shall be free from defects in workmanship, materials, and design and be in accordance with Buyer’s specifications and applicable regulatory data in all respects. This warranty shall extend to both Buyer and Buyer’s customers.
The Seller is hereby notified of its need to:
- Implement a quality management system
- Notify the Buyer of nonconforming processes, products, or services and obtain approval for their disposition
- Prevent the use of suspected unapproved, unapproved, and counterfeit parts
- Notify the buyer of changes to processes, products, or services
- Flow down to external providers the applicable requirements including AVGROUP’s customers’ requirements
- Apply appropriate controls and monitoring to its external providers, to ensure that requirements are met
- Accommodate verification or validation activities that AVGROUP or its customers, intend to perform at the Seller’s premises
- Provide a certificate of conformity, test reports, or authorized release certificate, as evidence of test, inspection, and verification
- Accommodate the use of statistical techniques for product acceptance and related instructions for acceptance by AVGROUP
- Retain documented information, including retention periods and disposition requirements
Ensure that persons are aware of:
- Their contribution to product or service conformity
- Their contribution to product safety
- The importance of ethical behavior
All materials or workmanship shall be subject to inspection by Buyer and its customers, including government agencies, before, during performance, and after delivery. Buyer may require Seller to repair or replace rejected material or Buyer may accept any materials and upon discovery of nonconformance, may reject or keep and rework any such materials not so conforming.
Buyer shall have the right by written order to make changes from time to time in the services to be rendered or the materials to be furnished. If such change causes an increase or decrease in the cost of performance of this Order or in the time required for its performance, an equitable adjustment shall be negotiated and the Order shall be modified in writing accordingly.
Compliance with Law
Seller warrants that the materials to be furnished and the services to be rendered under this Order shall be manufactured, sold, and used in compliance with all relevant federal, state, and local laws and regulations. Seller further warrants it has fully complied with Sections 6, 7, 12, and 15 of the Fair Labor Standards Act of 1938, as amended, and the regulations and orders of the U.S. Department of Labor under Section 14 thereof. Seller certifies that all equipment and materials delivered under this Order are in conformance with applicable OSHA requirements. Seller certifies that in the performance of this Order, it will comply with all applicable U.S. Department of Transportation regulations on hazardous materials and any other pertinent federal, state, or local statutes.
Seller warrants that it has not offered or given and will not offer or give to any employee, agent, or representative of Buyer any gratuity or any kickback within the meaning of the Anti-Kickback Act of 1986 with a view toward securing any business from Buyer.
Seller shall grant access to AVGROUP, any of their Customers, and any Regulatory Agencies to all facilities involved in the order. Prior notification to vendor will be supplied and not reasonably withheld.
If Seller finds evidence of a non-conforming product after shipment is made, Seller shall have the obligation to notify Buyer of non-conformity and assist Buyer with end-user notifications.
Seller must have prior approval of Buyer for any change to products covered by this order that affect the product configuration with respect to fit, form, function, or process including any software or firmware changes internally to the product. Seller must identify the product covered by this order when a configuration change is made. Seller must provide documentation of changes in the product covered by this order when a configuration change is made.
Seller must maintain a record of the transaction for a minimum of seven years unless specifically excluded on the purchase order.
Code of Ethics
Seller warrants that it is committed to ethical business practices and that it will act with quality, integrity, accountability, and respect at all times. Seller understands that their contribution to product safety and conformity is of the utmost importance.
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AVGROUP, Inc. (hereinafter “AVGROUP”) reserves the option to reject any returned units that have been damaged from external causes such as fire, crash, submersion, cannibalization, inept repair, abnormal wear, etc.
Exchange prices are quoted on the basis that the customer will return cores of the same part number as invoiced, in normal, repairable condition, in compliance with any applicable F.A.R.’s, and will include complete traceability data including aircraft registration, time on/off, cycles, etc, and will include a squawk and be signed by a certified technician or corporate officer. In addition, all transportation costs for the return of such cores will be incurred by the returning party (customer).
Core returns originating from outside of the United States will be subject to Incoterms, such core returns will be Delivery Duty Paid (DDP).
If the primary core is returned and is not in acceptable condition (per AVGROUP’s policy), or if the additional billing exceeds $2,000, or if the unit is BER, one replacement core may be accepted and the customer will be charged the freight costs to and from the repair vendor of the replacement and any subsequent fees will be applied for the loss of said core from AVGROUP’s inventory. The primary core will be returned AS-IS to the customer. The replacement core must be at AVGROUP within 5 days of AVGROUP’s notification to the customer.
If an acceptable core is not received within thirty (30) days of the date of invoice, the said party will be subject to a late penalty of 20% of the original core value.
If no core is returned within the forty-five (45) day allotted period, the customer shall pay the full original core value. The acceptance of any core received forty-five (45) days past the date of invoice will be at the sole discretion of AVGROUP.
If abnormal damage is found, either at the time of exchange or later during overhaul, the exchange price will not be applicable. Instead, the customer will be invoiced on a time and material basis for the abnormal work actually performed, plus the cost of the exchange unit.
If an exchange core is found to be Beyond Economical Repair, the customer will be invoiced for the core charge listed on the original invoice.
AVGROUP does not accept customer-supplied piece parts for use in exchange for core repair and overhaul.
AVGROUP offers 24/7/365 AOG service and our current fee is $250.
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Any unit purchased from AVGROUP stock may be returned for credit, provided that it is returned sealed (in its original, unopened, undamaged packaging, with all documentation, just as it left AVGROUP), via appropriate shipping methods.
Any sealed unit returned will be subject to a twenty percent (20%) re-stocking fee.
Units returning for credit from outside of the United States will be subject to Incoterms, such core returns will be Delivery Duty Paid (DDP).
For any unit returned from within the United States more than thirty (30), and from outside the United States, forty-five (45) days, from the date of purchase, acceptance and any return credit will be at AVGROUP’s discretion and may incur a penalty of up to a 100% restocking fee.
Special-order units (units purchased by AVGROUP from a third-party vendor for a specific customer) are generally not returnable, however, if such a unit is returned and accepted, AVGROUP reserves the option to invoice the customer for any restocking fees charged by the third-party vendor to AVGROUP, regardless of the return date.
If a unit is returned unsealed, any costs incurred in the recertification of that unit, plus any applicable restock fees, will be deducted from any refund or will be invoiced to the customer.
Recertification fees will apply to any unsealed units returned without regard as to whether the unit was actually installed or otherwise used.
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AVGROUP will, at its option, repair, replace, or refund the purchase price of goods found defective during the warranty period defined below.
Except where otherwise noted, items provided on exchange shall be covered by a twelve (12) month warranty from the date of shipment.
Wear items provided on exchange shall be covered by a pro-rated warranty for twelve (12) months, five hundred (500) hours, or three hundred (300) cycles, whichever occurs first from the date of shipment.
Units returning as warranty claims from outside of the United States will be subject to Incoterms, such core returns will be Delivery Duty Paid (DDP).
If any unit returned for claimed warranty is found to be functional with no defects, AVGROUP reserves the option to invoice the customer for any costs incurred in the recertification of that unit.
In cases where AVGROUP has provided a no-charge warranty exchange unit, the warranty does not extend beyond the original warranty period. Refunds for time or cycle-limited units returned for credit on warranty claims will be pro-rated for actual utilization.
AVGROUP reserves the right to deny warranty on any unit subjected to abuse, neglect, improper handling or use, damage or invasion of seals. Warranty repair at any non-AVGROUP facility is not authorized under any circumstances.
AVGROUP shall in no event be liable to customer, nor shall customer recover from AVGROUP, for injury to persons or damage to property or for any loss or damage due to down time or lost profits or any other loss (economic or otherwise) arising out of or in connection with the sale, delivery, assembly, disassembly, repair, use, installation or presence of products (or any part thereof) sold or distributed by or through AVGROUP to customer, whether arising from any claim based upon contract, warranty, tort, products liability, strict liability, failure of essential purpose or any other legal or equitable theory, except in the case of and only to the extent of a willful and wrongful act or omission of AVGROUP, provided, however, in no event shall AVGROUP be liable to customer nor shall customer recover from AVGROUP for incidental, special, indirect or consequential damages, whether arising from contract, warranty, tort, products liability, strict liability, failure of essential purpose or any other legal or equitable theory, even if AVGROUP has been advised of the possibility thereof. Any action for an alleged breach of any contract of sale or of any warranties relating to any product(s) sold by AVGROUP to the customer must be commenced by the customer within one (1) year of the date on which such cause of action accrued.
THE REPAIR AND REPLACEMENT OBLIGATIONS CONTAINED IN THIS PARAGRAPH SHALL BE THE SOLE AND EXCLUSIVE OBLIGATIONS OF AVGROUP AND THE SOLE AND EXCLUSIVE REMEDY OF THE CUSTOMER, WITH RESPECT TO PRODUCTS PURCHASED FROM OR THROUGH AVGROUP. THE WARRANTIES CONTAINED HEREIN ARE EXPRESSLY IN LIEU OF ANY AND ALL OTHER WARRANTIES OR OBLIGATIONS WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, BOTH OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED.
Some states prohibit or limit the exclusion or limitation of incidental or consequential damages in consumer transactions, so the above limitation may not apply fully to you. You should check your local law to determine the extent of your rights.
Fees & Surcharges
AVGROUP reserves the right to pass through any surcharges incurred from applicable repair facilities regarding cores that are repaired.
AVGROUP will charge a 5% miscellaneous fee on components repaired or installed by AVGROUP’s own repair station.
Customers paying AVGROUP by credit card will be charged a 3.5% card processing fee.
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This Internet Site shall be governed in accordance with the laws of the United States.
The information contained in this Internet Site has been compiled by AVGROUP from internal and external sources prepared solely for the purpose of providing information about AVGROUP, its subsidiaries, and its products and services to interested parties. AVGROUP makes no representations, warranties, or assurances as to the accuracy, currency, or completeness of the information and materials provided. AVGROUP, its officers, employees, affiliates, representatives or agents shall not be held liable for any damages or injury resulting from your access to, or inability to access, this Internet Site, or from your reliance on any information provided at this Internet Site.
All content of this Internet Site is owned and controlled by AVGROUP and is protected by worldwide copyright laws. The content may not be copied or used in any way. The products, technology, or processes described in this site are the subject of intellectual property rights reserved by AVGROUP. No license is granted with respect to those intellectual property rights.
This Internet Site may provide links or references to other sites, but AVGROUP has no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from that content. Any links to other sites are provided merely as a convenience to the users of this Internet Site.
The trademarks, service marks, trade names, and products on this Internet Site are protected in the United States and internationally. No use of any of these may be made without the prior, written authorization of AVGROUP.
Any communications you send to AVGROUP by electronic mail are on a non-confidential basis, and AVGROUP is under no obligation to refrain from reproducing, publishing, or otherwise using them in any way or for any purpose.
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Counterfeit Parts Risk Mitigation
This document shall outline AVGROUP’s Counterfeit Parts Risk Mitigation Process (CPRMP) in order that the QMS will be in agreement with the US Department of Defense supply chain Section 818, and the National Defense Authorization Act of 2012.
AVGROUP shall maintain vigilance throughout the organization to ensure the detection and avoidance of counterfeit electronic parts. AVGROUP understands the growing impact that counterfeit, fraudulent, and unapproved parts can pose. For this reason, we strive to conduct due-diligence research on every commodity and service provided with our ultimate goal being to reduce the risk of unapproved parts. To support this policy of ensuring a low risk of counterfeit material entering our supply chain, AVGROUP maintains procedures that guarantee purchases are procured through approved suppliers.