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Standard Terms and
Conditions of Sale
1. Acceptance- a) The
provisions of this document shall be deemed to control, and take
precedence over any condition specified by customer in conflict unless
accepted in writing by Skurka Aerospace Inc. b) Any terms, conditions or
quality requirements not addressed in this document are subject to our
review and acceptance. c) Therefore, it shall be considered that, all
provisions of this document are acceptable to customer.
2. Design Change Authority – As a TC/STC holder, you grant
us design change authority for all “Class II” changes (minor changes,
changes that have no impact on form, fit, function, reliability or
weight as defined in 14 CFR 21.93) for the products that we have
designed, qualified, built and delivered to you. We will make available
copies of all changes upon request.
3. Material Review Board Authority – As a TC/STC holder,
you grant us material review board authority for all minor
non-conformances (as defined for all equipment that we designed,
qualified, built and delivered to you. This authority is limited to
minor non-conformances. All non-conformances will be documented, filed
and made available upon request in accordance with 14 CFR 21.125.
4. PMA – As a TC/STC holder, you shall provide us with a
PMA Assist Letter to pursue the FAA for PMA for all products that we
have designed, qualified, built, and delivered to you or the end user.
5. Technical Data- a) The customer must hold any technical
data provided by Skurka Aerospace Inc. in strict confidence unless
released in writing by Skurka Aerospace Inc. b) All of our technical
data is company proprietary including our envelope drawing outlining our
customer's dimensional and performance requirements, a spare parts list
and our “Acceptance Test Procedure” (ATP) which we provide to our
customers at “No Additional Charge”. c) When required by the purchase
order, Skurka Aerospace Inc. shall provide test data or "Acceptance Test
Procedure” (ATP) data per unit in our format on the final product only.
When requested in writing from the customer the "Acceptance Test
Procedure” (ATP) document shall be submitted for approval. d) All other
company proprietary technical data is available for review at our
facility only.
6. Packaging- a) Skurka Aerospace Inc.’s unit prices
include, at “No Additional Charge”, best standard commercial packaging
practices. b) All packaging materials and procedures are selected by us.
c) We do have the capability of “Bar Coding” and packaging in accordance
with Mil-Specifications as well as other methods and we will be pleased
to provide a quotation for this alternate packaging upon written
request.
7. Delivery- Skurka Aerospace Inc. delivers all products,
F.O.B. our plant. Title passes to our customer upon placement or pick-up
by the carrier specified by the purchase order. The scheduled shipping
or delivery date shown on the face of our acknowledgement is our best
estimate of the time the order will be shipped and we assume no
liability for loss, general damages or special or consequential damages
due to delay.
8. Payment Terms- a) The payment terms are specified by
Skurka Aerospace Inc. in writing on the request for quotation and
placement of a purchase order will be deemed confirmation by the
customer. An invoice is generated after shipment of the product or
completion of our services. When payment is not made in accordance
within the specified terms the amount due will be subject to an annual
interest charge of 18%. b) Any overdue payment may be subject to legal
action. c) All attorneys’ fees, expenses, court costs and other costs
incurred by Skurka Aerospace Inc. for such legal assistance to obtain
payment will be borne by the customer. If the customer fails to make
payments on this or any other purchaser order placed with us, we may
defer further shipments until such payments are made or may, at our
option, cancel any unshipped balance.
9. Taxes- Any applicable Federal, State or Local taxes of
any nature will be billed separately on our invoice unless our customer
provides the necessary tax exemption certificates 30 days in advance of
shipment.
10. Warranty- a) Skurka Aerospace Inc. warrants our
products for one year from the date of shipment from our facility for
defects in materials and workmanship. We do not expressly or impliedly
warrant against defects in workmanship or materials of parts or
materials furnished by the customer. In such case we only warrant that
we will properly install such parts or materials so as not to degrade
the performance of the parts or materials supplied to us. This warranty
shall only apply if we receive written notice of the claimed defect
within 30 days after discovery thereof and we determine, in our sole
discretion, that the product is defective and (i) has not been subject
to accident, abuse, misuse or combat damage, (ii) has been operated and
maintained in accordance with our recommendations and/or specifications,
and (iii) there has been no accident, abuse, misuse or mismanagement of
the system into which the product has been incorporated. THE WARRANTY
CONTAINED HEREIN IS IN LIEU OF ALL OTHER WARRANTIES, GUARANTEES OR
PROMISES ARISING BY LAW OR OTHERWISE (INCLUDING WITHOUT LIMITATION
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A SPECIFIC PURPOSE), AND
WHETHER OR NOT ARISING IN CONTRACT OR TORT. BY AGREEING TO PURCHASE
PRODUCTS FROM US, YOU WAIVE ANY AND ALL OTHER WARRANTIES, GUARANTIES,
PROMISES OR REPRESENTATIONS. OUR WARRANTY MAY NOT BE MODIFIED IN ANY WAY
EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY ONE OF OUR OFFICERS. b) Any
unit in question must be returned to us, transportation prepaid, for our
evaluation and determination of responsibility. c) Any unit, which we
determine to be our responsibility, will be repaired or replaced at “No
Charge”. d) Skurka Aerospace Inc. must make all repairs, modifications
or alterations. Any repairs, modifications or alterations made by the
customer voids this warranty unless authorized in writing by Skurka
Aerospace Inc. e) A Return Material Request Authorization (RMRA) number
must be obtained from Skurka Aerospace Inc.’s Sales Department prior to
returning the products to our facility to prevent shipment refusal at
our Shipping & Receiving dock. f) Our customer assumes the risk and
expense of the returned unit until delivered to our dock and the unit
will be subject to our receiving inspection. g) This is our warranty
policy in full. We are not liable for any additional charges called out
in the customer’s associated paragraphs. This Warranty does not cover
liability for loss, damage or injury to third parties or to property. We
have no liability for liquidated damages or for collateral,
consequential or special damages, including but not limited to loss of
profits or loss of use, whether resulting from delays in delivery or
performance. Our aggregate total liability shall in no event exceed the
contract price of the individual product or services supplied to you.
You agree to indemnify and hold us harmless from all claims by third
parties which extend beyond these limitations on our liability.
11. Stop Work- Skurka Aerospace Inc. will not charge our
customer for a “Stop Work” for a period “Not-to-Exceed” four (4) months
unless we incur additional costs as a result of the “Stop Work”. We will
advise any applicable charges at the time of occurrence.
12.Cancellation- This sale is not subject to cancellation,
change reduction in amount or suspension or deferment of deliveries,
except with our consent and upon terms which indemnify us against loss,
which will include lost profit. Change orders, including cancellation,
division or rescheduling, must be in writing and may be subject to a
service charge. We require at least 10 working days from receipt of any
change order to implement the requested change. We are not liable for
any additional charges called out in customer’s associated paragraphs.
13. Designs- a) All designs made by us in the processing
of your order will be approved by you. b) We are pleased to assist you
with suggestions on design, construction and materials. However, we
cannot and will not be liable or responsible for any loss, cost or
damage resulting from or connected with the use of such suggestions. c)
Any design made and used by us in processing this order shall be the
sole property of Skurka Aerospace Inc.
14. Insurance- We do not amend our insurance policies to
specifically name our customers.
15. Import/Export- Skurka Aerospace Inc. does not direct
import or export at this time and all correspondence, customs
clearances, documentation, licenses and associated costs are handled by
the customer. The customer will be required to specify the following; (i)
The name of the U.S. freight forwarder, (ii) The carrier to pick-up the
products from our facility, (iii) The customer’s account number for this
carrier to handle the associated shipping charges to the U.S. freight
forwarder. Items (i) through (iii) must be specified on the purchase
order.
16. Waivers- No waiver of any breach of any term,
condition or obligation thereof shall be deemed a waiver of similar
terms in the future, nor shall the waiver of any breach be deemed a
waiver of any subsequent breach of the same or other nature.
17. Governing Law. This sales order is made and entered
into and shall be governed by the laws of the State of California.
18. U.S. Government Contracts – If the products to be
furnished under this sales order are to be used in the performance of a
U.S. Government contract or subcontract and a U.S. Government contract
number appeared on your order, those clauses of the applicable U.S.
Government procurement regulations that are required by federal statute
to be included in U.S. Government subcontracts of this size and nature,
taking into account any applicable exception, such as the commercial
item exception, shall be incorporated herein by reference.
S.A.I. Form G1129 Rev. C 6/08 |
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• • • Contacts
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Joel Reiss
President |
Sean Hoskins
Director of
Sales & Marketing |
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• • Location • • • |
Camarillo,
California
60 miles North-West
of Los Angeles |
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• • Information • • • |
| Type:
Corporation, Incorporated in the State of Delaware |
|
NIAC: 335312 |
| DUNS#:
00-823-8768 |
FAA
Repair Station #S7GR035N
#MB1D316K |
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