General Terms and Conditions
APPLICATION: All goods (referenced inclusively as “goods”, “equipment”, “engine”, “core”,
“module” “articles”, “components”, “products”, “parts”, “rentals” and other similar product
terms) and services (such as MRO or consulting) sold, exchanged or rented to the Customer
(referenced inclusively as “the Buyer”, “the Renter” or similar terms from this point forward)
are subject to these SW Support LTD standard terms and condition of sale and services.
GENERAL TERMS AND CONDITIONS
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ORDER PROCESS: After Request for a Quote is received , SW Support LTD will issue
formal Quotation which is an invitation to the Buyer to submit a formal Purchase Order for
purchasing goods from SW Support LTD. The quote will specifically mention terms of sale,
condition of goods, certification if applicable, delivery terms and etc. .When Purchase orders
is sent against the quote issued from SW Support LTD , thus mean that customer accepts all
terms as a form a official contract. SW Support LTD will accept the Buyer’s Purchase Order
indicated by receipt from SW Support of an order acknowledgment or by SW Support LTD
undertaking to fill the order. These Terms and Conditions shall apply to the Purchase Order
to the exclusion of any terms and conditions contained in any order form or communication
of the Buyer not specifically agreed to in writing by SW Support LTD . SW Support’s LTD
acceptance of the Buyer’s offer for the purchase of equipment or services is hereby
expressly made conditional on the Buyer’s acceptance of SW Support’s LTD Terms and
Conditions.
VALIDITY OF QUOTE: Unless otherwise specified, the prices quoted are valid for one
month. A Quotation sent to the Buyer is not a guarantee of acceptance by SW Support. All
goods within the Quotations are subject to prior sale and/or withdrawal from the market by
SW Support at any time without notice. SW Support LTD keep right to not proceed order if
End user is not approved or customer does not provide requested specific information ( End
user country, End use Application, Aircraft model, serial number , tail number or other
relative information.)
MINIMUM ORDER: SW Support LTD has a minimum order value of $250.
ORDER PROCESS: Changes or Substitutions SW Support may supply goods or
services by way of alternate parts which do not affect price, installation or the interchangeability of major parts. No other modification of the order is binding unless agreed
to in writing by both parties. SW Support will make reasonable effort to contact the Buyer
and seek approval first before any substitutions are installed and/or shipped against the
Buyer’s Purchase Order.
ORDER PROCESS: Termination SW Support may terminate the Purchase Order or
any part of the Purchase Order at any time by written notice to the Buyer including if the
Buyer fails to pay any amount when due or if the Buyer becomes insolvent or performs or
permits any act of bankruptcy, liquidation, reorganization or if a receiver, trustee or
custodian is appointed of the Buyer or a substantial part of the Buyer’s property. On
termination, SW Support shall have no further obligation to the Buyer under the order and
the Buyer will reimburse SW Support’s termination costs, including a reasonable allowance
for profit, and all legal fees and expenses incurred in connection herewith.
EXCHANGE SALE TERMS: SW Support performs Standard and Flat rate exchange
deals. An Exchange agreement will be provided to the customer which would identify the
following points:
The exchange agreement shall be considered in full force upon acceptance by the customer
or upon shipment of unit by SW Support, whichever occurs first. You as the customer have
agreed to pay SW Support hereinafter referred to as “SW Support ”the sum of the mentioned
exchange fee. If this is an Exchange Plus Cost exchange then you also agree to pay the cost
to re-certify the core to the original condition with all occured additional bills as such as transportations, customs,
packing or other related to restoring returned unit to original condition. All exchange agreements are for 15 days from date listed above
unless otherwise noted above. If the core is not returned on the 15th day, a second
exchange fee will be billed on the 16th day. If the core is not returned within 30 days, SW reserves the right to bill
an additional exchange fee every 15 days until the core is returned. SW also reserves the
right to bill the outright any time after the 45th day over and above any and all exchange fees that were
billed. SW will also reserve the right to bill the outright any day after the 45th day over and
above any and all exchange fees that were billed. All returned cores that are Unused are
subject to a 25% Restocking fee of the outright price or exchange fee, whichever is greater.
Any rejection of goods supplied on this exchange agreement must
be advised in writing to SW Support within 14 days. The following additional terms and
conditions will also apply:
All Exchanges: The customer must return an identical part number (Unless otherwise noted
above) to SW Support within the days to return the core listed above. All cores returned to SW Support must be in AR/As Removed condition unless approved before hand by SW
Support. Any certified units that were not approved by SW Support shall be subject to
refusal/and or additional charges. If a certified unit that
was approved and returned to SW Support in any condition is returned thereafter for
warranty within one year then the customer agrees to pay for any and all costs to bring the
unit back to original condition supplied to SW Support. Returned core units must be accompanied by packing slip,
certificate of conformance, non-incident stating the units were not obtained from any US
Government or military source, and traceability to a 121,129, or OEM source. Any other type of traceability
must be approved by SW Support prior to shipment. Units received without this
documentation will not be received in to close out exchange and the exchange will stay open status until proper
documentation is received. There will be a 25.00 handling fee on all invoices.
Exchange Plus Cost: (These terms apply only to exchange plus cost exchanges) Once a
core unit has been received, SW Support will send it to FAA / EASA 145 repair station of SW
Support choosing. Customer will be responsible for cost associated to return the unit to the
original condition of exchanged unit. Core units must have all AD’s and SB’s compiled with or
subject to additional fees. Customers are not allowed to supply parts for repair/overhaul
charges unless approved by SW Support. Core units must be completed by shop within 30-45
days of receipt of core or additional fees may apply. Customers will only be notified of quote
from FAA / EASA 145 Repair station if it exceeds 65% of the outright cost. Customer has 5
working days to dispute the quote. If no dispute/approval is received within 5 working days,
the quote will be considered approved and the customer will be invoiced for repair/overhaul
costs along with a 15% repair markup. If the core unit is determined to be BER/Beyond
Economical Repair, the customer will pay the outright price in addition to the invoiced fees
including but not limited to AOG fee, exchange fee, freight, handling fee, shop evaluation
fee, etc.
Flat Rate Exchange: (These terms apply only to Flat Rate exchanges) Customer agrees to
pay Flat Rate Exchange fee located in exchange fee box above. Customer will return an
AR/As removed core to SW Support unless otherwise noted. The core unit will be sent to
FAA / EASA 145 Repair Station of SW Support choosing. The flat rate exchange covers the
exchange fee plus the normal cost of repair/overhaul from the repair station. In case the
repair/overhaul cost is above the normal, the customer will be billed additional.
A shop report will be provided to the customer for their persuade and approval. In the event the
unit is deemed BER / Beyond Economical Repair, the flat rate exchange will convert to an
exchange plus cost and the customer will be billed the outright charge mentioned above.
The customer will also be responsible for evaluation fee and freight in the event the unit is
determined to be BER. Customer has 5 working days to dispute the quote. If no
dispute/approval is received within 5 working days, the quote will be considered approved
and the customer will be invoiced for repair/overhaul costs along with a 15% repair markup.
If the core unit is determined to be BER/Beyond Economical Repair, the customer will pay the
outright price in addition to the invoiced fees including but not limited to AOG fee, exchange
fee, freight, handling fee, shop evaluation fee, etc.
SHIPPING: Delivery SW Support will deliver the equipment covered by this Purchase Order
to the Buyer as specified in the Quotation. All expenses relating to shipment (or return of
equipment on exchange) are the responsibility of the Buyer. Title and risk pass to the Buyer
upon this Delivery to the Buyer or the Buyer’s carrier. In the event The Buyer’s pickup is
delayed due to actions or omissions of the Buyer, SW Support may, in its discretion, charge
reasonable storage fees.
SHIPPING Charges: SW Support may arrange for shipment by the Buyer’s carrier with
charges to the Buyer’s shipment account with the carrier. All expenses relating to the
shipment of goods and return of cores on exchange shall be the responsibility of the Buyer. If
any transportation charges, customs fees, insurance or other charges on a shipment are
prepaid by SW Support, SW Support will Invoice the Buyer for payment of such charges.
SHIPPING: Insurance The Buyer assumes all liability for loss or damage to equipment in
transit between FOB point and final destination. The Buyer shall notify SW Support, in
writing, if the Buyer wants a shipment insured for loss or damage. The Buyer assumes all
liability. If the Buyer notifies SW Support in writing to insure a shipment for loss or damage, an
applicable insurance fee will be charged to the Buyer’s shipment account or otherwise a
separate fee will be added to SW Support’s invoice for payment by the Buyer. The Buyer is
responsible and liable for the payment of all insurance fees. The insurance fee only covers
the current policy in force for that shipment to protect the transit equipment in the event of a
loss or damage. The policy will cover the full or partial replacement value of the equipment,
partial replacement shall also include repair of the equipment back to a similar or better
state of condition prior to shipment of that Equipment. For any policy or coverage issued by
the carrier or other insurer, all rules and regulations enforced by the carrier shall prevail on
all claims. In the event of a shipping accident, the loss or repair of that equipment shall remain the sole responsibility of the Buyer to pay regardless of any type of insurance
coverage in place at that time. When applicable, any claims either partially or fully paid by
insurance policies that are recovered by SW Support on behalf of the Buyer when applicable,
shall then be reimbursed to the Buyer at that time.
SHIPPING: Discrepancies Damages during shipment are to be reported to the Buyer’s
carrier and/or SW Support. All discrepancies on a shipment (shortage, wrong part, etc.) must
be reported to SW Support, and a written claim must be filed within fifteen (15) days of
receipt of the order by email or fax.
PAYMENT: Terms of Payment. The Purchase Order is to be prepaid unless COD or other
credit arrangements have been approved by SW Support in advance. Payment terms on
open accounts are NET 30 days from date of shipment.
PAYMENT: Overdue Invoices Overdue Invoices will be charged a late charge fee
calculated and accrued at the rate of three percent (3%) per month or the maximum rate
permitted by law, if lower, for each month or part thereof;
PAYMENT: Failure to Pay within Terms/Breach of Agreement. The Buyer shall
reimburse SW Support for all attorneys’ fees and other expenses incurred by SW Support in
recovering any sums due from the Buyer or for any other breach and default by the Buyer.
RETURN POLICY: Return Material Authorization (RMA) Goods which are eligible for
return are subject to the SW Support Return Material Authorization (RMA) system.
To request an RMA number, please submit a completed RMA authorization form. The form is
available by calling your sales representative.
1. All claims must be reported No later than 15 days from date of shipment if any defect
found ,missing certificates, goods are damaged during transportation etc.
2. Goods must be returned No later than 30 days from date of shipment.
3. Goods must have not been installed and are in Airworthy condition and in the original
packaging as shipped.
3. Good must be returned with all original certification and or paperwork.
4. Good must not have been a special order .
5. All claims must be returned as Exworks -Sofia,Bulgaria or Schiller Park, IL USA .
6. Goods must be returned with the original RMA Form enclosed within the box to ensure prompt receipt
7. All returned items may be subject to a restock fee of at least 25% of the original Purchase