GENERAL TERMS AND CONDITIONS OF PURCHASE

  • Home
  • GENERAL TERMS AND CONDITIONS OF PURCHASE

AERO CARE SRL

GENERAL TERMS AND CONDITIONS OF PURCHASE

These General Terms and Conditions (“Terms”) apply to all purchases of aircraft parts, components, materials, engines or services (“Parts”) by AERO CARE SRL (“AERO CARE”) from the supplier (“Supplier”).

Any acceptance of a purchase order issued by AERO CARE constitutes acceptance of these Terms.

In case of conflict between a purchase order and these Terms, the purchase order shall prevail.

1. Orders

1.1 AERO CARE may issue purchase orders for Parts subject to these Terms.

1.2 A purchase order becomes binding upon written confirmation by Supplier or shipment of the Parts.

1.3 AERO CARE reserves the right to cancel any order prior to shipment without liability unless otherwise agreed in writing.

2. Condition of Parts

Supplier represents and warrants that the Parts supplied:

  • Conform to the description and part numbers specified in the purchase order
  • Are in the condition described in the purchase order
  • Are free from defects, damage and contamination
  • Are airworthy if represented as serviceable
  • Have not been involved in incidents affecting their integrity

Supplier shall provide all applicable traceability and certification documentation, including but not limited to:

  • FAA Form 8130-3 or EASA Form 1 where applicable
  • Previous maintenance release documents
  • Trace records where available

3. Title and Ownership

Supplier represents and warrants that:

  • It has good and marketable title to the Parts
  • The Parts are free of liens, claims, security interests or encumbrances
  • The Parts are not stolen, misappropriated or subject to dispute

Title to the Parts shall transfer to AERO CARE upon delivery.

4. Delivery

Delivery shall be made DAP or as otherwise agreed in the purchase order in accordance with Incoterms 2020.

Supplier shall be responsible for proper packaging suitable for aviation transport and compliant with ATA Spec 300 where applicable.

Supplier shall bear the risk of loss until delivery to the agreed location.

5. Inspection and Rejection

AERO CARE reserves the right to inspect all Parts upon receipt.

If the Parts:

  • Do not conform to the purchase order
  • Are damaged
  • Are missing documentation
  • Are not in the represented condition

AERO CARE may reject the Parts and request:

  • Replacement
  • Repair
  • Refund of the purchase price

All costs associated with rejected Parts, including shipping, shall be borne by Supplier.

6. Payment

Payment terms shall be as specified in the purchase order.

Payment by AERO CARE shall not constitute acceptance of the Parts.

7. Compliance

Supplier shall comply with all applicable:

  • Export control laws
  • Trade sanctions regulations
  • Aviation regulatory requirements

Supplier warrants that the Parts have not been supplied in violation of EU, U.S., UK or UN sanctions laws.

8. Indemnification

Supplier shall indemnify and hold AERO CARE harmless against any claims, losses, damages, costs or liabilities arising from:

  • Breach of these Terms
  • Defective Parts
  • Lack of proper title
  • Non-compliance with aviation regulations

9. Limitation of Liability

Nothing in these Terms shall limit Supplier’s liability for fraud, gross negligence or breach of title warranties.

10. Confidentiality

All commercial information exchanged between the Parties shall remain confidential unless disclosure is required by law.

11. Governing Law

These Terms shall be governed by the laws of Romania.

Any dispute shall be submitted to the competent courts of Bucharest, Romania.