Terms and Conditions
Set forth below pertain to the sale of goods by GESTFLY USA, INC., It may not be added to, modified, or otherwise altered, except by an authorized representative in writing with specific references to this document. By issuing a purchase order (PO), placing an order by telephone, or requesting goods through any other document the Customer hereby expressly agrees to the stated conditions below. The TERMS & CONDITIONS herein constitute the entire agreement of the parties with respect to materials supplied by GESTFLY USA, INC. These TERMS & CONDITIONS supersede any and all other oral or written agreements, understandings, statements or representations.
Terms of payment are shown on front of invoice, subject to such limits or changes as may be set by GESTFLY USA, INC. Cash discount, if any is indicated, will apply only on the net amount of invoice after deducting transportation charges and taxes thereon, and will be allowed only if taken within the time stated, and provided there are no past due charges. Payment for all amounts due listed on this Invoice shall be made in U.S. Dollars, and unless otherwise stated on this Invoice and signed by an authorized representative of GESTFLY USA, INC., 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 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. GESTFLY USA, INC., shall retain a purchase money security interest in all goods sold to Customer until payment in full for all such goods is received by GESTFLY USA, INC, and Customer hereby agrees to promptly execute and deliver to GESTFLY USA, INC., such further documents as GESTFLY USA, INC., may request to perfect such security interest, including, without limitation, security agreements and financing statements so be filed with the Federal Aviation Administration (“FAA”). Upon failure of the Customer to pay the price as set forth herein, the Customer hereby grants GESTFLY USA, INC., the right to come onto the premises of the Customer, or Customer’s purchaser, and to reclaim all of the goods under this agreement.
Orders for first time customers must ship to the same address as the credit card billing address. If this order is routed to management for approval, we will verify the address with the customer’s bank. The billing address must match exactly before the order can be processed for shipment. If the customer requests to ship to another address, we will first verify the billing address. If this address is correct, we will request that the customer call his bank and advise them that he has placed an order with GESTFLY USA, INC., and that he would like it shipped to another address. The bank will then provide us with a release number and the order will be ok to ship. We may, at our discretion, attempt to contact the cardholder by phone to confirm the order. If the alternate address is a hotel, we reserve the right to decline shipment until payment is received in full in advance. We reserve the right to insist that any first time order ship to a verified billing address only. In any case, the cardholder’s signature will be required at time of delivery. We reserve the right to request an authorization on your credit card for the amount of the order at the time of order. When the order ships, we will settle and collect the amount of the order including but not limited to the merchandise, applicable taxes, freight, and/or ancillary charges and any authorized amounts in excess of the settled amount will be released. If your order is not able to ship before the authorization expires, you agree to allow us to settle that authorization to hold the parts for you until the order is ready for shipment. You agree to hold GESTFLY USA, INC., harmless for any costs you incur due to over limit or insufficient funds as assessed by your Credit Card Company or bank.
Shipping rates quoted online are based on estimates and are presented for comparison purposes only. They may not include all applicable charges for insurance, hazardous shipping fees, or additional charges for deliveries to an extended service area. Actual charges will be determined based on exact weight and number of packages shipped and from which GESTFLY USA, INC., facility. Shipments by air will be charged at the greater of actual or dimensional weight. Shipments by mail will be tendered to the US Postal Service the next business day. Some carriers will charge a fee if the shipping address given is not accurate or correct. Please verify the address you have given is accurate and correct to avoid additional charges. We reserve the right to require a signature at time of delivery. Oversize charges will be assessed at time of shipment. Air shipments will be charged the greater of actual weight or dimensional weight. Dimensional weight is calculated as the total cubic inches of a package divided by a dimensional weight factor (domestic US is 194, outside US is 166). Some oversized items can be cut for shipping. If you think this might apply, please return to your shopping cart and include cutting instructions in the SPECIAL INSTRUCTIONS portion of your order. Hazardous items may only be shipped to the United States and will be assessed an additional hazardous shipping charge for each package containing hazardous materials. This fee, if it applies, will be added to the calculated freight charge. Brokerage fees, duties, taxes, and any other accessorial charges are the responsibility of the recipient. If GESTFLY USA, INC., is billed these charges on your behalf, you agree to pay GESTFLY USA, INC., at a later date. To economize on the shipping costs, international orders are generally shipped complete unless otherwise advised by the customer.
First time orders are preferably received by fax, e-mail, or online to insure correct notation of name and billing and shipping information. International orders are generally shipped complete unless otherwise advised by the customer. We utilize DHL, UPS, Fed-Ex for most international shipments. Also we utilize the services of many other air and sea carriers. Should the services of freight forwarder be necessary we can work with one who is familiar with our service or with one of your choice to meet all of your shipment requirements. All freight, duty and customs charges are the responsibility of the customers. Preferred methods of payment are credit cards (American Express, Visa, MasterCard, Discover) and by bank transfer. When making a bank transfer please fax a copy of your transfer along with your order request to ensure accurate allocation of funds. For HAZMAT Shipments a additional fee is charged on all international shipments containing hazardous materials. This fee covers special packaging, documentation, and certification requirements that apply to HAZMAT orders shipping to customers outside the United States.
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 Buyer. 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 Buyer of its obligation to accept remaining deliveries.
In cooperation with the manufacturers GESTFLY USA, INC. warrants for a period of one year (on most products) from the date of original purchase its products to be free from defects in material and workmanship. GESTFLY USA, INC´s obligation under this warranty is limited to repair or replacement of the purchased product only, and under no circumstances shall GESTFLY USA, INC be liable for any loss, damage, injury, cost of repair or consequential damages of any kind in connection with the sale, use or repair of any product purchased from GESTFLY USA, INC. Products sold are subject to manufacturer’s warranty policy. Defective merchandise or out of box failure of product is repaired or replaced at manufacturer’s option. Avionics, electrical, instrument or similar products that are defective are subject to manufacturer’s warranty only and will not be replaced immediately from GESTFLY USA, INC inventory. GESTFLY USA, INC hereby agrees to honor the warranty for overhauled, repaired, or new parts reflective of the OEM or FAA repair shop used, as stated on the certificates provided with the parts sold. Notice of an alleged defect shall be given by the Customer to GESTFLY USA, INC within thirty (30) 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 parts to GESTFLY USA, INC and its reshipment to the Customer and the risk of loss thereof will be borne by GESTFLY USA, INC only if returned in accordance with written shipping instructions from GESTFLY USA, INC. Our Company 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; (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. If assignable, the Customer shall be entitled to receive the benefit given by the supplier of materials to GESTFLY USA, INC, and for this purpose GESTFLY USA, INC hereby agrees to assign the benefit of such warranty to the Customer.
CERTIFICATE OF CONFORMANCE AND FORM 8130 (EXPORT) : GESTFLY USA, INC provides you with its own Certificate of Conformance for our products at no charge. This is noted on every invoice. Factory certification and test reports are available on some items and 8130 Forms are available on FAA approved products. A cost additional per product on manufacturer certs and cost additional per product on 8130 forms is charged to secure these forms. If available, the forms must be requested at time of order and in some cases the product must be special-ordered from the factory with the forms. These forms cannot be furnished after you receive the product. Anticipate shipping delays if 8130 Forms are requested. All goods purchased shall be delivered FOB. The goods purchased hereunder may be subject to export controls imposed on GESTFLY USA, INC and Customer by the U.S. Export Administration Act, U.S. Dept. of Commerce, Treasury, and State Regulations and other U.S. law (collectively “Export Laws”). Customer agrees to comply with all regulations, and acknowledges that it has the sole responsibility to obtain licenses to export or re- export all goods purchased by Customer from GESTFLY USA, INC. Customer represents and warrants that the goods (i) shall not be exported, directly or indirectly, in violation of any Export Laws; and (ii) are not intended to be used for any purposes prohibited by the Export Laws, including, without limitation, nuclear, chemical, or biological weapons proliferation. DEBARMENT OF BUYER: If Buyer is debarred from participating in transactions which involve the export of goods (whether commercial or military), Seller may cancel any and all orders without liability of any kind. If Buyer is debarred by the U.S. Gov’t from selling goods directly to the government or providing goods as a subcontractor in fulfillment of requirements originating with the U.S. Gov’t, Seller may cancel order(s) without liability of any kind.
Inasmuch as GESTFLY USA, INC has no opportunity to supervise the manufacture, installation or maintenance of the parts supplied by it, nor any opportunity to participate in the design or manufacture of the various certificated and homebuilt aircraft in which its parts are utilized, the purchaser by placing an order and accepting said merchandise from GESTFLY USA, INC agrees that all materials purchased will be used solely at purchaser’s risk and that purchaser will indemnify and hold GESTFLY USA, INC., its owners and employees, free and harmless from all loss, liability or damage resulting from claims brought by any reason of any alleged failure or defect of any part or parts supplied by GESTFLY USA, INC.