terms & conditions
1. SCOPE. All products and services offered for sale by the Seller, CAVOK, LLC dba Flight Deck Fabrications or through its distributors or sales representatives are sold subject to the terms and conditions stated herein. This offer expressly limits acceptance to the terms hereof and any additional, different or inconsistent terms reposed by Buyer, whether in writing or otherwise, are hereby objected to and rejected and Seller shall not be bound thereby unless expressly agreed in a writing signed by Seller that such terms and conditions shall supersede those contained herein. Buyer agrees to the terms and conditions outlined in this agreement with respect to the goods, services and information provided by or through Seller, or www.flightdeckfabrications.com. These terms and conditions constitutes the entire and only agreement between the Seller and Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods, services and information provided by or through the Seller or www.flightdeckfabrications.com, and the subject matter of this agreement. Buyer agrees to review these terms and conditions prior to purchasing anything and the purchase of a good or service shall be deemed acceptance of these terms and conditions.
2. INTELLECTUAL PROPERTY. The products, content, features, and designs contained on www.flightdeckfabrications.com are owned by CAVOK, LLC dba Flight Deck Fabrications and are protected by international copyright, trademark, and other intellectual property and proprietary rights laws.
3. PRODUCTS. Pictures, graphics and descriptions of the products offered for sale are only indicative and not binding in any way to the Seller.
4. TERMS AND METHOD OF PAYMENT. Unless otherwise stated in the order acknowledgment, terms are payment in full at the time of order, and no merchandise will ship unless payment is received in full and transfer of funds from payment processor, PayPal, into business bank account of CAVOK, LLC dba Flight Deck Fabrications is complete. Payment will be made by credit card, wire transfer, or other prearranged payment method. Buyer represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honored by the Buyer’s credit card company.
5. TAXES. All prices are exclusive of federal, state, municipal or other government excise, sales, use, occupational or like taxes, tariffs, customs, and all export duties and other export costs. Any and all of the foregoing taxes, duties, fees and costs shall be borne by Buyer. Prices are consequently subject to increase by the amount of any such tax, tariff, duty or fee, which Seller pays or is required to pay or collect upon sale or delivery of products. Such taxes, duties, fees and costs, when applicable to sales or to the product, will appear as separate additional items on the invoice to Buyer.
6. BUYER CANCELLATIONS AND RETURNS.
i. Cancellations: Any request for order cancellation, rescheduling or modification by Buyer must be made in writing and such action must be approved in writing by an authorized agent of Seller. Cancellation request must be made to Seller at least 24 hours from scheduled shipment date visible on the Buyer’s Invoice. Cancellations requests will be rejected following shipment of order.
ii. Returns: Any request for product return by Buyer must be made in writing to the Seller. Returns of products will not be accepted for any reason without prior written consent of Seller and issuance of a Return Merchandise Authorization number (RMA). Once the merchandise has shipped, returns are only eligible within 7 days of the receipt of the product by the Buyer. The merchandise must be unused, and in the original shipping boxes and packaging to be eligible for return. The Buyer is responsible for return shipping fees and any loss of value from damage(s) and/or losses incurred during transit, to be assessed by the Seller, CAVOK, LLC, upon receipt of the return. Returns must be shipped to the Seller by the Buyer within 7 days following issuance of a Return Merchandise Authorization. Upon receipt of return, the Seller will credit the Buyer the original purchase price less the Seller’s incurred outbound shipping charges to the Buyer and less loss of value from damages and/or losses incurred during transit. Seller will provide Buyer photographic documentation of loss of value damages and/or losses upon receipt of returned merchandise should they exist.
7. CANCELLATION BY SELLER. Seller shall have the absolute right to cancel and refund a Buyer’s order for any disclosed or undisclosed reason.
8. SHIPMENTS, PASSAGE OF TITLE AND LIABILITY FOR LOSS. For all shipments to the domestic 48 continental and contiguous United States, product shall be shipped by common carrier. Shipping is limited to the billing address of the Buyer's credit card or bank account. A shipping address that differs from the Buyer's billing address will not be accepted for any reason without prior written consent of Seller. In the absence of specific shipping instructions, Seller will ship by the method it deems most advantageous including, but not limited to, Signature Required delivery service. Under no circumstance shall Seller be liable to Buyer for any delay either in shipment or in delivery. Estimated shipment dates provided by the Seller to the Buyer are estimates only and are not binding. Buyer must provide Seller written notice within 48 hours after receipt of merchandise of any loss of value from damage(s) and/or losses incurred during transit. Buyer is responsible for photographically documenting all merchandise upon receipt and during the entire unpacking sequence to prove damages occurred during transit. Seller will not be liable for loss of value from damage(s) and/or losses reported after 48 hours from date Buyer receives merchandise. Seller will not be liable for loss of value from damage(s) and/or losses not accompanied by photographic documentation from receipt through the entire unpacking sequence as proof damages occurred during transit. Merchandise that incurs loss of value from damage(s) during transit will only be replaced by the Seller if damage(s) result in a complete loss of functionality of the product. Merchandise that incurs aesthetic loss of value from damage(s) but retains functionality will not be replaced by the Seller. The Seller will instead provide the Buyer compensation to have the incurred damages repaired based of fair market value for supplies and labor. Compensation amount provided by Seller to the Buyer not to exceed 25% of the merchandise purchase price. Seller will be responsible to provide replacement for merchandise lost during transit only on shipments with Signature Required delivery service. A Buyer who declines Signature Required delivery service accepts all responsibility and liability for merchandise lost during transit.
9. LIMITATION ON LIABILITY. SELLER’S LIABILITY UNDER, FOR BREACH OF, OR ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED IN AMOUNT TO THE NET PURCHASE PRICE OF THE PRODUCTS SOLD TO BUYER BY SELLER HERE UNDER. IN NO EVENT SHALL SELLER BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS BY BUYER. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, ECONOMIC, DIRECT, INDIRECT OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION TO LOSS OF PROFIT) WHETHER OR NOT SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, HOWEVER CAUSED, WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE. THIS EXCLUSION ALSO INCLUDES ANY LIABILITY WHICH MAY ARISE OUT OF ANY THIRD PARTY CLAIMS AGAINST BUYER. THE ESSENTIAL PURPOSE OF THIS PROVISION IS TO LIMIT THE POTENTIAL LIABILITY OF SELLER ARISING OUT OF THIS AGREEMENT AND/OR SALE.
i. Coverage for non-electronic parts and components: Parts and components that are non-electronic within a product purchased from CAVOK, LLC dba Flight Deck Fabrications or a Flight Deck Fabrications Authorized Dealer that are defective in material and workmanship for the original owner maintain coverage for one (1) year from date of purchase. Defects that have resulted from improper or unreasonable use or maintenance, accident, excess moisture, improper installation, normal wear and tear or unauthorized tampering, painting, alteration or modification are not covered. CAVOK, LLC dba Flight Deck Fabrications will, at our sole discretion, repair, replace or offer credit, for any defective parts within a reasonable period.
ii. Coverage for electronic parts and components: Parts and components that are electronic within a product purchased from CAVOK, LLC dba Flight Deck Fabrications or a Flight Deck Fabrications Authorized Dealer that are defective in material and workmanship for the original owner maintain coverage for ninety (90) days from date of purchase. Defects that have resulted from improper or unreasonable use or maintenance, accident, excess moisture, improper packing, improper installation, normal wear and tear or unauthorized tampering, painting, alteration or modification are not covered. CAVOK, LLC dba Flight Deck Fabrications will, at our sole discretion, repair, replace or offer credit, for any defective parts within a reasonable period.
iii. Loss of functionality and/or loss of value resulting from defective parts and/or components out of warranty: CAVOK, LLC dba Flight Deck Fabrications is not responsible for loss of functionality and/or loss of value of a product resulting from defective parts and/or components out of warranty. CAVOK, LLC dba Flight Deck Fabrications will make a reasonable effort to guide the Buyer in a solution in the event a defective part or component is out of warranty and/or unable to be replaced. The execution of solutions offered by CAVOK, LLC dba Flight Deck Fabrications will be at the sole expense of the Buyer and be subject to the terms and conditions contained herein.
11. NO OTHER WARRANTIES. The entire agreement of the parties is embodied in this writing and NO OTHER WARRANTIES are given beyond those set forth herein.
12. SALE CONVEYS NO LICENSE. The products are offered for sale and sold by Seller subject in every case to the condition that such sale does not convey any license, expressly or by implication, estoppel or otherwise, under any intellectual property rights of Seller with respect to any inventions of Seller or others, patented or not patented, embodied in Seller’s products, processes, sales literature or manufacturing operations. Seller expressly reserves all its rights under such intellectual property rights. No manufacture to Buyer’s specifications entails ownership by or conveyance to Buyer of any property right in any invention.
13. REVERSE ENGINEERING. Buyer covenants that it will not attempt to “reverse engineer” or otherwise discover Seller’s intellectual property, patentable, patented or non-patented invention, trade secrets, secret processes, or other confidential information embodied or contained in Seller’s products.
14. CONFIDENTIAL INFORMATION. No information shall be deemed to be given or received in confidence by either party unless and to the extent it is covered by a separate written agreement. Buyer is responsible for the security of its own confidential information.
15. INSTALLATION. Seller assumes no obligation to install the products nor to place them in operation at Buyer’s premises, unless specifically stated in writing and signed by an authorized agent of Seller.
16. EXPORTS. Buyer certifies that it will not export or re-export the products furnished hereunder unless it complies fully with all liens and regulations of the United States and any relevant foreign jurisdiction relating to such export or re-export, including but not limited to the Export Administration Act of 1979, as amended, and any applicable U.S administration rules and regulations. Buyer warrants that the country of destination noted on the purchase order and order acknowledgment and to which the products are to be shipped reflects accurately the real country of destination of the products.
17. DELAYS IN DELIVERY AND FORCE MAJEURE. Seller will make commercially reasonable efforts to meet any delivery date(s) quoted in the agreement. However, under no circumstance shall Seller be liable to Buyer for any delay in shipment or failure to meet any quoted delivery date(s) or for any delay in performance hereunder. Seller shall have the right to indefinitely postpone the time for delivery due to unforeseen circumstances or due to a cause beyond its control. Examples of such causes are acts of God, wars, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, strikes, transportation delays or shortages, inability to obtain material or supplies, excessive demand for products over available supply, interruption for any reason in the manufacture of products by Seller’s supplies, or other causes not within Seller’s control, whether of the class of causes herein before enumerated or not. Where only part of Seller’s capacity to perform is excused under this condition, Seller shall attempt to allocate deliveries among its various customers in a commercially fair and reasonable manner. Where such allocation has been made, reasonable notice of the estimated quota available to Buyer shall be given.
18. NO WAIVER. The failure by Seller to enforce at any time any of the provisions of this agreement, or to exercise any election or option provided herein, shall not be a waiver and shall in no way be construed as a waiver of such provisions or options, nor in any way be construed to affect the validity of this agreement or any part thereof, or the right of Seller thereafter to enforce each and every such provision.
19. ATTORNEYS’ FEES. Reasonable attorneys’ fees and costs shall be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this agreement or any request for shipment release issued and accepted under the terms and conditions of this agreement.
20. GOVERNING LAW. The parties acknowledge and agree that any offer and acceptance by the parties shall be a contract made in the United States, State of Illinois . All questions pertaining to the validity, construction, execution and performance of this agreement shall be construed and governed in accordance with the domestic laws of the State of Illinois , without giving effect to principles of (i) comity of nations or (ii) conflicts of law. If the products purchased hereunder are purchased by a Buyer residing in a country other than the United States, then the parties agree that the United Nations Convention on Contracts for the International Sale of Goods is hereby excluded in its entirety from this agreement.
21. BINDING ARBITRATION. In the event of any dispute, claim, question, or disagreement arising from or relating to this agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules. The Parties agree that any claim or dispute between them or against any agent, employee, successor, or assign of the other, whether related to this agreement or otherwise, and any claim or dispute related to this agreement or the relationship or duties contemplated under this contract, including the validity of this arbitration clause, shall be resolved by binding arbitration by the American Arbitration Association, under the Arbitration Rules then in effect, and the venue shall lie in Madison County, Illinois . Any award of the arbitrator(s) may be entered as a judgment in any court of competent jurisdiction.
22. LIMITATIONS OF ACTIONS. No action for breach of the contract for sale of products shall be commenced more than one (1) year after the accrual of the cause of action there to.
23. ASSIGNMENT. Buyer shall not assign this agreement or any interest herein, or any rights hereunder, without prior written consent of Seller. Any such assignment or delegation without Seller’s prior written consent shall be null and void, and of no effect.
24. HEADINGS. The headings contained in this agreement are for convenience of reference only and shall in no way define or limit the provisions hereof.
25. ENTIRE AGREEMENT AND MODIFICATION. This writing constitutes the final expression of the parties’ agreement, and it is a complete and exclusive statement of the terms of that agreement. This agreement shall not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the agreement by its express terms. Furthermore, it is expressly agreed that a party’s acceptance of or an acquiescence in a course of performance hereunder shall not be admissible to modify, waive, supplement or explain the terms hereof, even if that party is aware of the course of performance and has an opportunity to object to it. Any modification of the terms herein shall be effective only when embodied in a written agreement signed by Seller.
26. SERABILITY. If any term or condition of this agreement is held void or unenforceable, it shall be severed, and every other provision shall be enforced as if the void or unenforceable term or condition had never been a part hereof.
27. NO INDEMNIFICATION. Unless otherwise expressly provided in writing signed by both parties, Seller does not indemnify, nor does it hold Buyer harmless, against any liability, losses, damages and expenses (including attorney’s fees) relating to any claim whatsoever, including without limitation, claims for personal injuries, death or property damage related to the products sold hereunder.
28. SURVIVAL. This Section 26 and the provisions of Sections 1, 2, 5, 6, 8, 9, 10, 11, 19, 21, 24 and 26 shall survive the cancellation and termination of this agreement and sale of any product by Seller.
28. BUYER’S UNDERSTANDING. Buyer represents and warrants: (A) that it has read and understood these terms and conditions, and (B) that these terms and conditions are fair and reasonable to Buyer.
END OF TERMS & CONDITIONS