The sale of Rotec Aerosport Pty. Ltd. products shall be governed by the following General Terms and Conditions of Sale.
The sale of Rotec Aerosport Pty. Ltd. products (hereinafter the “Products”) shall be governed by the following General Terms and Conditions of Sale (hereinafter the “Conditions”), which shall be deemed automatically accepted with the issuance of the order by the Client. Such Conditions form part of the contractual relationship between Rotec Aerosport Pty. Ltd. (hereinafter “Rotec”) and the Client. Any amendments to these Conditions shall be valid only after Rotec has accepted them in writing as amending these Conditions and forming an integral part thereof.
2. Conclusion of the agreement
The sale shall be deemed concluded upon Rotec either confirming in writing the order issued by the Client or starting the performance of such order. In this latter case the Conditions shall be deemed to be accepted by the Clients even in the absence of an order.
3. Delivery and transfer of risk
The delivery term is calculated in business days and starts from the date of acceptance of the order by Rotec, provided that Rotec has been supplied with the necessary data to duly perform the sale.
3.2. International Commercial Terms (Incoterms)
Except as otherwise agreed in writing by Rotec and the Client, delivery of Products will be made ex works at Rotec’s facilities. Accordingly, the risk and the danger connected with the Products will pass to the Client upon delivery of such Products to either the carrier or the freighter. Except in the event of force majeure, delivery will be made in the term either indicated in the order confirmation or established by the written agreement of the parties. No delay shall be deemed to constitute a ground to either cancel the order or to claim damages or loss of profit. In addition, the Products may not be rejected for such reason. Rotec’s obligations shall, however, be subject to the availability of the necessary raw material.
4.1. Price Disclosure
The sale price of Products, including the delivery ex works from Rotec’s facilities, will be indicated in the order confirmation. In the event such order confirmation does not make reference to the Products price, Rotec’s price list shall apply. In any event, the Products price is not inclusive of taxes, customs duties, freight and/or any other right.
4.2. Price Adjustment
In the event of variations of costs of raw material, labour and ancillary items, Rotec may amend the prices of the Products, even after quotation has been provided, unless full payment has been received.
4.3. Price Locking Deposits
Price locking deposits (hereinafter “Deposits”) for radial engine orders must be equal to or greater than 20% (twenty percent) of the cost of the radial engine quotation including axillary items. Prices including applied discounts on all Products quoted and will be respected for a total of 1 (one) year after payment is received. After the specified duration Deposits will be maintained to the balance of the order, although Rotec may amend the prices of the Products.
5. Payment and title retention
The Parties hereby agree that Rotec will retain title to the Products sold and that title shall only pass to Client upon payment of the entire price due.
6. Product warranties, liabilities and complaints
6.1. Quality and limits to the use of the Products
The Products are designed and manufactured in compliance with the highest quality standards and in accordance with the specifications provided by the Manufacturer. The Products may be used exclusively for the purposes for which they have been designed and manufactured. Thus, Rotec shall not have any liability whatsoever in connection with the use of the Products in violation of the aforesaid limits. Any alteration of or tampering with the Products may endanger their safety and any guarantee given by Rotec in respect the Products will be terminated by such alteration or tampering.
6.2. Installation and General Maintenance
The Products must be installed by highly qualified and competent professionals working in their pertinent field, who have been specifically trained on the use for which the Products have been manufactured. The Products shall be submitted to periodical general maintenance. Detailed installation and general maintenance instructions are set forth within the Products wrapping (hereinafter the “Instructions”). Therefore, Rotec shall not have any liability whatsoever in connection with Client’s failure to comply with the Instructions and/or in connection with the inappropriate and/or incorrect installation of the Products and/or with the lack of and/or inappropriate general maintenance of such Products, nor shall any “Product liability” apply in such cases.
6.3. Contractual Guarantees and Complaints
Rotec guarantees that the Products are manufactured with high quality materials free from defects in materials and workmanship and in accordance with the specifications provided by the Manufacturer. Should the Client, having received the Products, notice either an apparent or a hidden defect, at his own expenses, shall deliver the defective Products ex works to Rotec in accordance with the instructions given by Rotec. Only in case a defect has actually been ascertained by Rotec, the defective parts of the product will be replaced. In any event, Rotec’s liability shall not exceed the sale price of the Products. The guarantees shall not apply in case the Products have not been installed and maintained in accordance with the Instructions. It should be observed that Rotec guarantees the materials produced by its suppliers within the limits of the guarantees given by such suppliers to Rotec.
6.3.1. Guarantee Duration
Unless otherwise specified by Rotec, Products are sold at 0 (zero) hours with a 12 (twelve) month or 200 (two hundred) hour guarantee, whichever comes first. Guarantee period begins when the Products is received by the Client, bar radial engines, where the guarantee period begins from first start up or within the first 24 months of delivery.
6.3.2. Guarantee Transferability
Guarantees are not transferable between customers.
6.4. Use and Testing
Rotec do not condone under any circumstances the flight of equipment using Products supplied by Rotec, until Products have been installed correctly and are considered 100% (one hundred percent) functional in accordance to the Instructions. 100% (one hundred percent) functionality must be determined while testing on a test bench, engine stand, or stationary airplane grounded and not able to move from its static position. Never test fly an installation when technical issues require rectification.
6.5. Privately conducted repairs, overhauls or modifications
For instances which extend outside the bounds of general maintenance, including but not limited to repairs, overhauls or modifications, Rotec reserve the right to withhold supply of replacement and/or spare parts and/or technical recommendations to the Client, until a signed and witnessed digital copy of the ‘Rotec Overhaul Waiver’ is received. Any conducted repairs, overhauls or modifications, outside the bounds of general maintenance of Products by entities not employed by Rotec, are not covered by warranty and could be at risk of failure.
Rotec do not offer refunds on Products or deposits, whether Product is retuned in new, near new or used condition. Rotec offer technical support to Clients with technical issues.
7. Applicable law and Competent Court
The sale of the Products between Rotec and the Client shall be governed by the laws of Australia and shall have exclusive jurisdiction for any disputes that may arise in connection with these Conditions.