TERMS AND CONDITIONS OF SALE – Updated 03/21/2023
- ACCEPTANCE OF TERMS
These Terms and Conditions of Sale (“Terms”) govern all sales of products and services (“Products”) by Ewing Aerospace LLC (“Seller”) to the buyer (“Buyer”). By placing an order, Buyer acknowledges and agrees to be bound by these Terms. These Terms supersede any prior agreements, representations, or understandings between the parties unless expressly agreed in writing by Seller. - ORDERS AND CONFIRMATION
All orders are subject to acceptance by Seller. Seller reserves the right to reject any order for any reason. Upon acceptance, Seller will provide Buyer with an order confirmation specifying the Products, quantities, pricing, and estimated delivery dates. Buyer must verify the accuracy of the order confirmation and notify Seller of any discrepancies within 48 hours. - PRICING AND PAYMENT
Prices for Products are as specified in Seller’s order confirmation or quotation and are exclusive of taxes, shipping, and handling fees unless otherwise stated. Buyer shall pay all applicable taxes and fees. Payment terms are as specified in the order confirmation, typically requiring a deposit at the time of order placement and the balance prior to delivery. All payments must be made in USD via the payment methods accepted by Seller. Late payments may incur interest at a rate of 1.5% per month or the maximum rate permitted by law, whichever is lower. - DEPOSITS AND CANCELLATION
Due to the custom nature of the Products and services provided by Seller, all deposits paid by Buyer are non-refunded. If Buyer cancels an order for any reason, the deposit will not be returned, and Buyer shall remain liable for any costs incurred by Seller for materials purchased or labor performed in connection with the order up to the date of cancellation. Such costs are non-returnable and will be invoiced to Buyer, with payment due within 30 days of cancellation. - DELIVERY
Seller will use reasonable efforts to deliver Products by the estimated delivery date specified in the order confirmation. Delivery dates are estimates only and not guaranteed. Seller shall not be liable for any delays in delivery due to causes beyond its reasonable control, including but not limited to supply chain disruptions, labor shortages, or force majeure events. Risk of loss or damage to Products passes to Buyer upon delivery to the carrier or Buyer’s designated location. - INSPECTION AND ACCEPTANCE
Buyer shall inspect Products upon receipt and notify Seller in writing of any defects, shortages, or non-conformities within 7 days of delivery. Failure to provide such notice constitutes acceptance of the Products. Claims for defects or non-conformities will be addressed under the warranty provisions below. - WARRANTY
Seller warrants that Products will be free from defects in materials and workmanship under normal use for a period of one year from the date of delivery. Seller’s sole obligation under this warranty is, at its option, to repair, replace, or refund the purchase price of defective Products. This warranty does not cover damage due to misuse, abuse, improper installation, or unauthorized modifications by Buyer or third parties. EXCEPT AS EXPRESSLY STATED HEREIN, SELLER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. - LIMITATION OF LIABILITY
To the maximum extent permitted by law, Seller’s liability for any claim arising out of or related to the sale of Products shall not exceed the purchase price paid by Buyer for the Products giving rise to the claim. In no event shall Seller be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, revenue, or use, whether in contract, tort, or otherwise, even if advised of the possibility of such damages. - CUSTOM PRODUCTS
Products manufactured or customized to Buyer’s specifications are non-returnable and non-refunded except as provided under the warranty provisions. Buyer is responsible for ensuring the accuracy of specifications provided to Seller. Seller shall not be liable for errors or defects resulting from inaccurate or incomplete specifications provided by Buyer. - FORCE MAJEURE
Seller shall not be liable for any failure or delay in performing its obligations due to events beyond its reasonable control, including but not limited to acts of God, war, terrorism, strikes, government actions, pandemics, or natural disasters. In such cases, Seller may suspend performance or extend delivery timelines without liability. - GOVERNING LAW AND DISPUTE RESOLUTION
These Terms shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of law principles. Any disputes arising under these Terms shall be resolved exclusively in the state or federal courts located in Ashland County, Ohio. Both parties consent to the jurisdiction and venue of such courts. - MODIFICATIONS AND WAIVER
No modification of these Terms shall be effective unless in writing and signed by an authorized representative of Seller. Seller’s failure to enforce any provision of these Terms shall not constitute a waiver of such provision or any other provision. - SEVERABILITY
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. - ENTIRE AGREEMENT
These Terms, together with Seller’s order confirmation and any written agreements signed by both parties, constitute the entire agreement between Seller and Buyer with respect to the sale of Products and supersede all prior or contemporaneous communications, whether oral or written. - CONTACT INFORMATION
For questions or concerns regarding these Terms or any order, please contact Seller at:
Ewing Aerospace LLC
491 US HWY 250 East
Ashland, Ohio
sales@ewingaerospace.com
By placing an order with Seller, Buyer acknowledges that it has read, understood, and agreed to these Terms and Conditions of Sale.