ASPIRING HELIPARTS LIMITED – TERMS AND CONDITIONS
These terms and conditions apply to every sale between Aspiring Heliparts Limited and all Customers.
1. ACCEPTANCE OF TERMS AND CONDITIONS
All Goods are supplied on the basis of these Terms (subject to Clause 10). No variation is binding on the parties unless it is in writing and signed by both parties. All orders will be deemed to be acceptance by the Customer of these Terms and Conditions.
2. PRODUCTS AND CERTIFICATION DOCUMENTS
Aspiring Heliparts source helicopter parts and products directly from worldwide suppliers. Aspiring Heliparts obtains certification documents for all parts supplied where this is required by the New Zealand Civil Aviation Rules and the certification documents will be provided to the Customer upon delivery of the parts.
The price payable for all Goods provided by Aspiring Heliparts shall be in accordance with the quote or estimate supplied to the Customer. Any quoted price remains fixed for 30 days or, where a period is specified in a quote, the period specified.
3.2. All prices are quoted in either NZD or USD. Aspiring Heliparts will specify the applicable currency in all quotes and/or invoices to the Customer.
3.3. All prices quoted by Aspiring Heliparts are exclusive of GST, freight costs, insurance charges, duties, installation and maintenance costs unless specifically stated by Aspiring Heliparts.
3.4. Aspiring Heliparts reserves the right to correct the quoted price at any time prior to delivery where there has been a typographical or other error. Aspiring Heliparts will notify the Customer of the corrected price as soon as possible. The Customer may opt to pay the corrected price, however if the Customer elects not to pay the corrected price Aspiring Heliparts shall have the right to cancel the order and refund any amounts paid to Aspiring Heliparts for the relevant Goods without further obligation to the Customer.
3.5. If an order is cancelled by the Customer, the Customer agrees to indemnify Aspiring Heliparts for any losses, damages or fees incurred by Aspiring Heliparts as a result of the cancellation by the Customer of a previously accepted order except when such cancellation arises because of an incorrectly quoted price in reference to Clause 3.4.
Aspiring Heliparts requires full payment for the Goods prior to ordering of the Goods by way of bank transfer. If Goods have already been paid for by the Customer and an order is subsequently unavailable, then Aspiring Heliparts will notify the Customer as soon as possible. Aspiring Heliparts will refund the cost of the Goods to the Customer but will hold no responsibility for any additional costs, losses or damages arising from such unavailability.
5. FREIGHT AND DUTIES
Freight and duty charges will either be included in the invoice for the Goods or invoiced separately upon delivery of the Goods to the Customer. Aspiring Heliparts may provide an estimate of freight costs in advance of ordering the Goods at the Customer’s request.
6. DELIVERY AND INSPECTION
6.1. Dates given by Aspiring Heliparts for shipment or delivery are stated in good faith but are indicative only. Aspiring Heliparts shall not be responsible or liable in any way to the Customer or any other party for cost, loss damage or expense sustained due to any delay.
6.2. Aspiring Heliparts shall be entitled to cancel or suspend the delivery of the Goods in any event beyond Aspiring Heliparts’ reasonable control, including (without limitation): wars; strikes; lockouts; delay or defaults of manufactuers or suppliers; or acts of God or nature. Aspiring Heliparts shall have no liability to, and the Customer releases Aspiring Heliparts from, all loss, cost, damage or expense airing from or in consequence of any such cancellation, suspension or amendment.
6.3. Any claim in respect of any discrepancy in Goods delivered must be made in writing to Aspiring Heliparts within two (2) business days of delivery. No claim will be accepted unless it is made in accordance with this clause.
6.4. The Customer agrees to inspect the parts before signing for the freight delivery. Aspiring Heliparts do not accept responsibility for damage in transit therefore the condition of all Goods must be checked prior to signing.
6.5. If damage has occurred, the Customer must not sign for the delivery and must advise the delivery agent and Aspiring Heliparts of the damage as soon as possible.
7. RISK AND INSURANCE
7.1. Risk transfers to the Customer upon the freight company taking possession of the Goods from Aspiring Heliparts’ supplier.
7.2. Insurance is the responsibility of the Customer and the Customer is required to insure the Goods during transit. Aspiring Heliparts will carry no insurance for the Goods in transit and will not be liable to repair or replace Goods damaged or lost in transit nor for any consequential loss.
7.3. Risk with respect to the Customer’s Goods remains with the Customer at all times, irrespective of where the Goods are located.
7.4. Aspiring Heliparts can arrange insurance of the Goods on the Customer’s behalf only if there is an express written agreement to do so between Aspiring Heliparts and the Customer. Aspiring Heliparts may include an administration fee in addition to the cost of the premium charged to the Customer.
8. NOTICE OF DEFECTS
8.1. If the Customer identifies any defect or damage on the delivery inspection, the Customer must notify Aspiring Heiparts within two (2) business days of delivery and provide Aspiring Heliparts with information regarding the defect.
8.2. Aspiring Heliparts may require the Customer to return the part to Aspiring Heliparts for inspection and if Aspiring Heliparts agrees that the part is faulty it will, at Aspiring Heliparts’ option, replace or repair the part or refund the purchase price of the part to the Customer (less any freight costs).
8.3. If the Customer does not provide notice in accordance with these provisions the Goods shall be presumed to be free from any defect or damage.
9. WARRANTY AND RETURN
9.1. Aspiring Heliparts does not refund for change-of-mind orders or if an incorrect part has been requested by the Customer.
9.2. If the Customer is acquiring parts for the purposes of a trade or business, the Customer acknowledges that the provisions of the Consumer Guarantees Act 1993 do not apply to the supply of parts to the Customer by Aspiring Heliparts.
9.3. Except as provided in any express warranty given by Aspiring Heliparts, no warranty or condition shall be implied against Aspiring Heliparts by any statute, at common law or otherwise and no representation, express condition, warranty or variation of these standard Terms and Conditions shall be binding on Aspiring Heliparts unless it is in writing and signed for on or behalf of Aspiring Heliparts.
9.4. Once the Goods have been signed for by the Customer on delivery, it is deemed acceptance of the Goods and Aspiring Heliparts will not incur any liability whatsoever in relation to any damage of the Goods in transit.
10. LIMITATION OF LIABILITY
10.1. If the Customer suffers any direct or indirect loss or damage (including but not limited to property or personal injury, including consequential loss) arising from the supply of a part from Aspiring Heliparts, the Customer accepts that Aspring Heliparts’ liability will be limited to the purchase price of the part supplied and the Customer shall have no other rights, remedy or claim against Aspring Heliparts in relation to such loss.
10.2. Aspiring Heliparts shall not be responsible for any damage whatsoever caused either to the Goods supplied or as a result of a malfunction of such Goods if:
11. ALTERATIONS TO THE TERMS AND CONDITIONS
Aspiring Heliparts may vary these Terms and Conditions from time to time and the Customer agrees that any such variation will be effective from the date of publication of such terms on Aspiring Heliparts’ website (www.aspiringheliparts.co.nz) or any earlier delivery to the Customer. It is the Customer’s responsibility to review the terms prior to placing any order with Aspiring Heliparts.
12. DISPUTE RESOLUTION
If any dispute arises in relation to any dealings between Aspiring Heliparts and the Customer the parties must first attempt to resolve the dispute by mediation or arbitration before commencing any court action.
13. GOVERNING LAW
These terms and conditions, and any act or contract to which they apply, shall be governed by and interpreted in accordance with New Zealand law.