AircraftJacks.com
Call - 1-888-62JACKS (1-888-625-2257) or E-Mail info@aircraftjacks.com


AircraftJacks.com

Hydraulic aircraft jacks and static tail-weight/stands from the original designer of the most versatile and highest quality airplane jacks for general aviation, light corporate and home-built airplanes - KHWMI/Aircraftjacks.com!

 

KHWMI Sales Agreement Terms and Conditions

 Definitions

Us”, “we”, “our”, “company”, “seller” and “KHWMI” means Know-Howe Weld and Machine, Incorporated, d.b.a. AircraftJacks.

You”, “your”, “buyer” and “Customer” means customer or agent working on behalf of the customer, that places order(s) for goods, equipment and/or services and/or receives or accepts goods, equipment or services offered, produced or delivered by KHWMI.

Goods”, “equipment”, “services”, “product” and “work” mean any product(s) or service(s) rendered for sale, compensation or consideration by KHWM to you.

General

Information Provided

You attest and ensure that all information that you provide to KHWMI in the course of contracting for product or service will be truthful and accurate.  Further, you attest and ensure that in the event that any information you may provide us on behalf of another is done so with that persons full knowledge, understanding and approval. This includes but is not limited to the use of another’s financial, billing and credit card information.

Age and Responsibility

By placing any order by any means with KHWMI, you attest and ensure that you are sufficient legal age to create and enter into binding legal obligations for any liability you incur as a result of ordering goods, equipment and/or services from KHWMI. You understand and agree that you are financially responsible and promise to promptly pay for all ordered, rendered, received or obtained goods contracted by you or by those acting on your behalf from KHWMI.

Purchase Policies

Agreement

Placing any order with or purchasing product from KHWMI via phone, mail, website or in person indicates your acknowledgement and unequivocal agreement with these policies, terms and conditions.

Special Orders

We reserve the right to require advance payment in full for any special orders.  Without exception - Special Orders are non-returnable and non-refundable.

Availability

Availability of some products may be subject to availability of sub-components. We will make every effort to meet the estimated shipping time we provide you with at time of order. Items ordered in unanticipated quantities may delay shipment of your order. You will be notified by E-mail if any of your ordered items are out-of-stock and an estimated delivery date or schedule will be provided.

Prices

Every effort is made to hold published prices. However, materials markets are volatile and as a result, all prices are subject to change without notice. All prices are in U.S. currency only.  No foreign currency is accepted.  A total purchase price will be given to the buyer, including any taxes, fees and shipping (crating if needed) and handling charges, for goods or services contracted. Buyer is responsible for and agrees to promptly pay the full purchase price.

Payments

Know-Howe Weld & Machine, Inc. accepts Visa, Master Card & American Express credit cards, money orders, cashiers checks, personal checks and business checks (U.S. only) and bank wire transfer.  If the buyer is outside the U.S. and sends a money order, it must be international and payable in U.S. funds through a U.S. bank.  

If payment is made with a personal or business check, Know-Howe Weld & Machine, Inc. reserves the right to hold the item(s) purchased until the payment clears.  Buyer agrees to pay Know-Howe Weld & Machine, Inc. $30.00 plus original amount if payment is made or is attempted to be made with insufficient funds.

Credit card purchases will be processed within two business days of receipt unless notified to the contrary. 

Buyers using credit cards not submitted via the Web must fax or call Know-Howe Weld & Machine, Inc with the following information:  Type of card, cardholders name, billing address, card number, card expiration date & shipping address (indicating residential or commercial).  Know-Howe Weld & Machine, Inc. shall not be responsible for any credit card fraudulently used to purchase goods or services on our site, or by phone, fax or mail.

Invoice:

At our sole discretion, with established customers, we may invoice payment.  Payment is due and you agree to promptly pay the full amount invoiced within 30 days of date.

Wire Transfer:

Wire transfer orders will be fulfilled upon receipt of the full amount due transferred into the account specified below or agreed upon.  Any and all bank wire transfer fees are the exclusive responsibility of the buyer and no bank or wire transfer fees of any kind shall be bourn by the seller in whole or in part.

Postal Credit Union

2401 N. McKnight Road

North Saint Paul, MN 55109

(651)770-7000 / (800)247-0857

Routing/ABA # 296076262

Account Number 7442190 - Checking account

Personal Guarantee

If the customer is an incorporated entity and default on debt is made, upon demand, the Buyer, in his or her indivual capacity, personally guarantees and agrees to promptly pay the full amount of the order obligation.

Order Cancellation

Without penalty, orders for any equipment – except special orders, may be canceled up until the time that the product is processed and staged for shipping. 

Special Order items or components may Not be canceled once an order has been accepted and work begun.

Shipping

The following shipping services are available for the shipment of your order:  standard 3 to 5 day ground, expedited ground as well as Next Day, Second Day Air and International shipping service.   In any case, Buyer is responsible for and agrees to promptly pay all applicable shipping charges.  Buyer agrees, acknowledges and understands that refusal of any shipment, in part or in full does not relieve you of the full shipping charge obligation and upon demand, you agree to promptly pay, in full, all said charges.

International shipments are subject to export document preparation and waybill fees of $35.00 per order.

COD

We reserve the right to refuse to ship COD.  Should we ship COD, you agree to accept all packages of the COD shipment and promptly pay with cashiers check, certified funds or account with adequate funds to guarantee funds available to pay in full the COD amount at time of delivery. Should you refuse to accept any shipment or part of shipment, you understand, acknowledge, agree and promise to promptly pay in full, all applicable shipping, COD fees and Special Order charges for the (COD) shipment that was refused or returned.

Warrantees and Guarantees

Items purchased from Know-Howe Weld & Machine, Inc. come with the warranty and guarantee specifically stated.  If an item has a warranty or guarantee and the buyer returns the item(s) for any reason, there will be a refund less the shipping and or handling charges of the item(s).  When a warranty or guarantee is offered it will be for no more than the term specified and the start date of the period shall be the date indicated on the original invoice or receipt for the goods claimed.

Defective Goods

(a) The Seller reserves the right at its sole discretion to decide whether any goods are defective.
(b) Defective goods will be replaced or repaired by the Seller as originally ordered, or if repair or replacement is not practicable, the Seller will credit or refund the value of the goods at the invoice price charged.
(c) Claims under Sub-Clause (b) above must be made in writing to the Seller within 15 days of the date of delivery.
(d) The Seller shall not be liable for any loss, damage, or expense whatsoever and howsoever arising from any defect save as detailed in Sub-Clause (b) hereof.
(e) All transport charges arising hereunder are the full and complete obligation and responsibility of the Buyer. ALL returns must be shipping prepaid.

Returns

No merchandise will be accepted for return without prior authorization! Special orders are not returnable! All return shipments must be prepaid. Returns must be in original packaging and in resalable condition. Returns may be subject to a 15% restocking charge. No returns accepted after 30 days of invoice date.

Modification

KHWMI may at any time and at its sole discretion, modify these disclaimers, terms and conditions.

No Waiver

The failure of either party to insist upon or enforce strict performance by the other party of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and KHWMI nor trade practice shall modify any provision of these Terms and Conditions

Severability

These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

Governing Law

This Agreement and its performance shall be governed by the laws of the state of Minnesota, United States of America, without regard to its conflict of law provisions of the state and federal courts of and located in Washington County, the state of Minnesota, United States of America, in all questions and controversies as they pertain to the terms and conditions of this agreement.

User irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of Minnesota. Any action or dispute arising out of or relating to the use, order, transaction or purchase made with or from KHWMI, waives any objection to the laying of venue of any such litigation in the courts of the State of Minnesota and agrees not to plead or claim in any courts of the State of Minnesota that such litigation brought therein has been brought in an inconvenient forum. Additionally, Buyer agrees not to commence any litigation relating thereto except in such courts of the State of Minnesota.

Attorney's Fees and Collection Costs

Upon any breach of this Agreement, reasonable attorney's fees and collection costs of the substantially prevailing party, whether by litigation or settlement, shall be paid by the breaching party.

Entire Agreement

These terms and conditions, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Website.

Proprietary Rights

The sale of the Products hereunder to Buyer shall in no way be deemed to confer upon Buyer any right, interest or license in any patents or patent applications or design copyrights the Seller may have covering the Products. Seller retains for itself all proprietary rights in and to all designs, engineering details, and other data and materials pertaining to any Products supplied by Seller and to all discoveries, inventions, patents and other proprietary rights arising out of the work done by Seller in connection with the Products or with any and all Products developed by Seller as a result thereof, including the sole right to manufacture any and all such Products. Buyer warrants that it will not divulge, disclose, reverse engineer or in any way copy, have copied, distribute or make use of such information, and that it will not manufacture or engage to have manufactured such Products.

Indemnification

Buyer shall defend, indemnify and hold KHWMI, its officers, owners, directors, employees, and agents harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable attorney and accounting fees, resulting from, or alleged to result from Buyer’s use of Product. Further, Know-Howe Weld & Machine, Inc. will not be held responsible for the misuse of any item by any person.  We recommend all items we sell to be used in accordance with the manufacturers’ original intent and with strict adherence to and observation of all applicable safety and maintenance instruction, guidance, procedures and practices.




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