1. DEFINITIONS

1.1 "Seller" refers to EMC Aerospace, Inc.

1.2 "Buyer" refers to the entity purchasing goods or services from Seller.

1.3 "Supplier" refers to the entity supplying goods or services to EMC Aerospace, Inc.

1.4 "Goods" means the products, materials, or services provided under this Agreement.

1.5 "Agreement" refers to these General Terms and Conditions along with any related purchase orders, invoices, or contracts.

 

2. APPLICABILITY

2.1 These General Terms and Conditions govern all sales and purchases made by EMC Aerospace, Inc. and supersede any other agreements unless otherwise stated in writing.

2.2 Any modifications to these terms must be in writing and agreed upon by both parties.

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3. ORDERS AND ACCEPTANCE

3.1 All purchase and sales orders must be confirmed in writing.

3.2 Orders are subject to acceptance, and EMC Aerospace, Inc. reserves the right to reject any order at its discretion.

3.3 No order shall be deemed accepted unless confirmed in writing by an authorized representative.

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4. PRICING AND PAYMENT TERMS

4.1 Prices are as stated in the applicable purchase order or contract.

4.2 Payment terms shall be as specified in the invoice, with late payments subject to interest charges at a rate of 1.5% per month.

4.3 Buyer shall be responsible for all applicable taxes, duties, and fees.

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5. DELIVERY AND RISK OF LOSS

5.1 Delivery terms are if EMC receives the items, EMC will make payment and if EMC does not receive the items, EMC will not pay or will be reimbursed for any prepayments - No Exceptions.

5.2 Risk of loss or damage shall transfer to Buyer upon delivery of Goods.

5.3 Seller/Buyer is not liable for delays due to unforeseen circumstances beyond its control.

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6. INSPECTION AND ACCEPTANCE

6.1 Buyer shall inspect Goods upon receipt and must notify Seller of any defects within ten (30) days.

6.2 Failure to notify Seller within the timeframe constitutes acceptance of Goods.

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7. WARRANTIES AND LIABILITY

7.1 See EMC's Warranty Policy for Details

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8. RETURNS AND CANCELLATIONS

8.1 No returns shall be accepted without prior authorization from Seller.

8.2 Cancellations of orders must be agreed upon in writing and may be subject to 25% cancellation fees.

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9. CONFIDENTIALITY

9.1 Any confidential information exchanged shall not be disclosed to third parties without prior written consent.

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10. COMPLIANCE WITH LAWS

10.1 Both parties agree to comply with all applicable laws, regulations, and export controls.

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11. FORCE MAJEURE

11.1 Neither party shall be liable for delays or failure to perform due to causes beyond their reasonable control.

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12. GOVERNING LAW AND DISPUTE RESOLUTION

12.1 This Agreement shall be governed by the laws of the State of Florida.

12.2 Any disputes shall be resolved through arbitration in Miami, Florida, in accordance with the rules of the American Arbitration Association.

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13. ENTIRE AGREEMENT

13.1 This Agreement constitutes the entire agreement between the parties and supersedes any prior understandings or agreements.

13.2 No waiver or modification shall be valid unless in writing and signed by both parties.