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Terms & Conditions
Severability
In case one or more provisions of these terms and condition would be invalid or unenforceable, the invalid or unenforceable part or provisions shall be replaced by a provision which accomplishes, to the extent possible, the original intent of such part or provision in a valid and enforceable manner. Failing such replacement, Aerovim shall have the option to cancel the entire transaction or proceed based on the other provisions which remain valid.
Fraud Clause
Aerovim GmbH reserves the right to immediately terminate any order, contract, or agreement with a buyer if fraudulent activity is detected. This includes, but is not limited to, the submission of false or misleading documents, such as End User Certificates (EUC), export licenses, or other regulatory compliance documents. Any form of fraud, deception, or misrepresentation will result in immediate cancellation of the transaction without liability on the part of Aerovim GmbH.
End User Certificate Compliance
The Buyer is responsible for providing accurate and truthful information when submitting any regulatory documentation, including the End User Certificate (EUC). Any submission of falsified or fraudulent documents will be treated as a serious violation of export control regulations and will result in the immediate voiding of any contractual obligations of the Seller, including but not limited to the delivery of goods and the provision of refunds.
No Refund for Fraudulent Orders
In the event that the Buyer engages in fraudulent activity, including but not limited to the submission of false or fraudulent documents, Aerovim GmbH will not be obligated to issue any refunds or return any payments made by the Buyer. The Buyer agrees that Aerovim GmbH may retain any funds as compensation for costs incurred in relation to the fraudulent transaction, including administrative and legal fees.
Legal and Regulatory Reporting
If fraudulent activity is detected, Aerovim GmbH reserves the right to report the incident to the relevant legal and regulatory authorities, including customs and export control agencies, in compliance with local and international laws. The Buyer agrees to cooperate with any investigations or proceedings initiated by such authorities as a result of fraudulent activity
Buyer Liability
The Buyer will be held liable for any damages, penalties, or legal costs incurred by Aerovim GmbH as a result of fraudulent activity. Aerovim GmbH reserves the right to pursue legal action and seek damages for any losses incurred due to the Buyer's submission of fraudulent or misleading documents.
Termination of Business Relationship
In the event of fraud or attempted fraud, Aerovim GmbH reserves the right to permanently terminate its business relationship with the Buyer and refuse any future orders or transactions.
Aerovim GmbH
Return and Cancellation Policy
Once we receive your item, we will inspect and notify you that we have received your returned item. We would immediately notify you the status of the refund by issuing a credit note.
Shipping costs are non-refundable. The refunds will be provided to you after deducting the cost of return shipping.
The Customer shall not be entitled to cancel the Contract without the prior written consent of the Supplier. The Customer may cancel any Order without charge if it notifies the Supplier of the cancellation in writing, prior to the shipping of the Component. Thereafter, a 25% restocking fee (minimum $200 USD or equivalent) will apply for goods physically returned within 14 days from date of shipment and a
50% restocking fee (minimum $200 USD or equivalent) will apply for goods physically returned within
28 days from date of shipment. No credit whatsoever will be given for goods returned after 28 days
from date of shipment.
Force Majeure
Aerovim reserves the right to defer the date of delivery or to cancel the contract without liability or reduce the goods quantity ordered by the customer (without liability to the customer) if it is prevented from or delayed in the carrying on its business due to circumstances beyond the reasonable control of Aerovim including, without limitation, governmental actions, war, terrorism, national emergency, riot, fire explosion, flood, strikes, lock out or other labor disputes, failure of energy sources or transport network, acts of God, import restrictions, or restraints or delays affecting carries or delay in obtaining supplies or adequate or suitable materials.
Confidentiality
All documents and/or pricing and other trade related information submitted by Aerovim in any form whatsoever, including hardcopy or electronic medium, related to quotations or orders, will remain property of Aerovim. Under no circumstances is it allowed to show, hand out, copy or submit such to third parties without express prior written consent by Aerovim.
Applicable law
All sales and service agreements between Aerovim and its customer are subject to German law. The application of the UN Convention of Contracts for International Sales of Goods is excluded. Any dispute arising out of these terms shall be within the exclusive jurisdiction of the commercial court of Mainz, Germany.
Compliance with law and regulations
Customer shall prevent the sale, assignment or transfer of parts or services to persons, which are denied, debarred or sanctioned by the United Nations or by the governments of the USA, European Community or Germany. Upon request, customer informs Aerovim about the final end-user, the application of the goods and the other parties involved in the transfer of the goods to the end-user. Aerovim can cancel the order from its customer, without being held liable for any cancellation charges including penalties of customers and further third parties, when the supply of the goods (directly or indirectly) is prohibited by the United Nations or by the governments of the USA, the European Union or Germany or when customer does not provide the requested end-user data.
Reach
If REACH Regulation No. 1907/2006 applies and if customer makes a new use known to Aerovim per Art. 37.2 to extend the scope of registration of these goods, its chemical elements and/or its compound as well as each mixture or solution supplied as defined by Art 3.1 and Art. 3.2, it shall be responsible for providing all information and data which are necessary for the update of the registration and bear any related additional costs.
Payment
Payment must take place in advance unless agreed otherwise. The customer waives any right to set off amounts charged by and between parties. Warranty claims do not suspend the payment obligations of the customer.
Limited Warranty
Goods are warranted only in accordance with the limited warranty of the manufacturer of the goods supplied. Customer acknowledges that Aerovim is passing through to customer only the manufacturer’s warranty for the goods and that customer and the ultimate purchaser shall look solely to the manufacturer of the goods for all warranty claims, defects and the like. Customer hereby waives, releases and renounces all other warranties, guarantees, representations, obligations and liabilities of Aerovim and acknowledges that the customer MAKES NO WARRANTY EITHER EXPRESS OR IMPLIED AND MAKES NO WARRANTIES OF MERCHANTABILITY OR ANY WARRANTY OF FITNESS FOR PURPOSE OR AGAINST INFRINGEMENT. In case of defects for which claims are submitted in a timely fashion, Aerovim will at its own option either redeliver conforming goods to customer at no cost, or credit the customer as far as reasonable in whole or in part the invoice value of the goods in question
Liability and Indemnity
In no event, shall either party be liable for, nor shall either party recover for any incidental or consequential losses, expenses or damages, except that the customer shall indemnify and hold Aerovim harmless for all losses, expenses and damages claimed or incurred by third parties, which may occur about the goods sold or use of the goods. The customer shall look solely to the manufacturer as to any alleged patent, copyright or trademark infringement claims. Aerovim sole and exclusive maximum liability, whether based in contract, tort, or otherwise, shall not in any event exceed the purchase price actually paid by the customer for the particular goods at issue.
General/Applicability
The following requirements define the terms and conditions to all offers and orders of products and services and to all agreements with Aerovim . The applicability of terms and conditions of other third parties or customers of Aerovim is hereby definitely excluded. Regulations that deviate from these terms and conditions can be referred by the customer only if and to extent that these regulations are accepted by Aerovim in writing.
Quotations, Orders and Agreements
All quotations from Aerovim are non-binding. Unless otherwise stated all offered prices will be valid for 30 days. Aerovim takes out the right that stock is subject to prior sale. Orders and acceptance of quotations by the customer are irrevocable. A customer placed purchase order acknowledged by Aerovim cannot be cancelled by the customer without Aerovim written permission. Customer is fully liable for any applicable cancellation charges up to the sales price incl. charges of the parts and/or services ordered. Only fixed written orders are binding. Verbal engagements or agreements by or with Aerovim staff do not bind Aerovim apart from and insofar as Aerovim confirms these in writing. These terms apply to any agreement changes. Unless otherwise stated, amounts include the cost of standard packaging and the certificate of conformity. The price of the goods shall exclusive of any value-added tax which amount the buyer will pay in addition. Aerovim reserves the right to charge packing costs according to expenditures for orders below one hundred fifty EURO (150€).
Delivery Times and Terms
Delivery Terms are FREE CARRIER Nieder-Olm (FCA) as referred to in the INCOTERMS2010 unless stated differently. All shipment and delivery dates are approximate dates only. Aerovim has the right to deliver products or services in part and/or services ordered. For consequences of delays in delivery, including resulting demands, Aerovim shall not be held responsible by the customer or other third parties.
General/Applicability
Quotations, Orders and Agreements
Delivery Times and Terms
Acceptance The customer is obliged to take physical acceptance of the goods at the agreed location at the time of arrival. Complaints claims and losses regarding the goods or short-shipments are to be made within ten (10) days after receipt of the goods. After this period goods are considered accepted. Replacement, repair or reimbursement can only take place after written confirmation by Aerovim.