APTC Standard Terms and Conditions for Customers
DEFINITIONS BUYER means the legal person or entity contracting with the Seller.
A. DATA means all financial/business information, designs, dimensions, specifications, drawings, patterns, know how, or other information concerning methods, manufacturing processes, equipment, gauges and tools used in the design and manufacture of Goods. Data may be recorded in a written or printed document, computer or electronically stored, software, or any other tangible form of expression.
B. DFARS means the Defense Federal Acquisition Regulation Supplement
C. FAR means the Federal Acquisition Regulation
D. GOODS means goods, parts, supplies, software, drawings, data, reports, manuals, other specified documentation, or items that are required to be delivered pursuant to, or in connection with, a Contract, and where the context requires such services as are necessary and incidental to the delivery of Goods under any Contract. For clarity, changes made by Buyer to the part numbers and/or other description of the Goods as a result of a change under the Changes Section of these Terms and Conditions will continue to be Goods.
E. ORDER means the contractual instrument whereby Buyer procures Products or Services from Seller.
F. PARTY or PARTIES means Buyer and/or Seller, individually or collectively, as the context requires.
G. PROPRIETARY INFORMATION means all Data that is identified in writing at the time of disclosure as proprietary and marked with an appropriate legend, marking or stamp identifying the Data as Proprietary to the party disclosing the information, and includes any information marked with a restrictive legend as prescribed in DFARS 252.227-7013 or 252.227-7014 or in FAR 52.227-14.
H. PROPRIETARY INFORMATION AND MATERIALS means all (i) confidential, proprietary and/or trade secret information; (ii) tangible items and software containing, conveying or embodying such information; and (iii) tooling identified as subject to this definition that is obtained, directly or indirectly, from the other in connection with the Contract or other agreement referencing the Contract, including Buyer’s contract with its customer,
I. SELLER means Aviation Parts & Tarde Corp (APTC).
J. SERVICES means any effort performed by Seller necessary or incidental to the delivery of Goods, including design, engineering, installation, repair or overhaul.
K. ACCEPTANCE OF ORDER The acceptance by APTC (“Seller”) of any order placed by Buyer (an “Order”) of goods is expressly made conditional upon Buyer’s agreement to the terms and conditions contained herein. Any other terms and conditions, including those set forth in Buyer’s purchase order or other ordering documentation are hereby rejected and deemed null and void.
QUOTE VALIDITY Unless otherwise noted on the face of a quote, a quote for production or goods or service provided by Seller is valid for thirty (30) days from the date of the quote. Availability of Products or Service is subject to prior sales.
PRICES Prices quoted are firm, fixed and do not include freight, transportation charges, insurance, duties, export charges, tariffs, governmental charges, or applicable taxes, including, without limitation, excise, sales or use taxes. Any taxes (other than taxes with respect to Seller’s income) payable on transactions hereunder shall be the responsibility of Buyer. Seller reserves the right to invoice Buyer for any such taxes or other special charges that are or may become payable by Seller.
PAYMENT Payment from customers with credit terms must be mailed to the address shown on the invoice within thirty (30) days within their granted terms from DATE OF INVOICE. A late fee of 1.5% per month will be assessed on delinquent payments. APTC reserves the right to modify or cancel credit terms and/or credit limits at any time without notice, and require payment in advance for the amount of the order. Shipments to customers who have not established credit terms will be made on a prepayment basis (such as wire transfer, certified check, or credit card).