Terms and conditions
Unless otherwise specifically agreed to in writing and signed by an authorized employee of
PlaneDealz‚ the following terms and conditions of sale (“Agreement”) apply to all sales of products from
PlaneDealz to Buyer (“Product(s)”). Any different or additional terms and conditions proposed by Buyer
in its purchase order‚ or otherwise‚ are objected to by PlaneDealz. Buyer’s assent to this Agreement is
conclusively presumed from Buyer’s failure to reasonably object in writing and from Buyer’s acceptance
of all or part of the Products ordered. This Agreement represents the entire agreement of the parties and
all proposals‚ negotiations‚ representations or agreements made or entered into prior to or
contemporaneously with this Agreement‚ whether verbal or written‚ are cancelled and superseded by
this Agreement.
1. PRICES. All quotations are made for immediate acceptance and are subject to change without notice
prior to acceptance. All sales by PlaneDealz are EXW (Incoterms 2010) PlaneDealz’s warehouse dock
unless otherwise specified in writing by PlaneDealz. Prices are stated in United States Dollars and do not
include shipping charges, sales‚ use‚ excise or similar taxes, and are subject to any price adjustment
necessitated by PlaneDealz’s compliance with any act of government. Any tax or other governmental
charge upon the production‚ sale‚ shipment or use of the product which PlaneDealz is required to pay or
collect from Buyer shall be paid by Buyer to PlaneDealz unless Buyer furnishes PlaneDealz with a tax
exemption certificate acceptable to the appropriate taxing authority.
2. PAYMENT. Unless PlaneDealz’s credit department has extended credit terms to Buyer in writing‚ or
unless other terms are included in delivery documents issued by PlaneDealz for the Products‚ payment
terms are net 30 days in United States currency. PlaneDealz reserves the right to modify or withdraw
credit terms at any time without notice and to require guarantees‚ security‚ or payment in advance of the
amount of credit involved. If Buyer fails to fulfill the terms of payment‚ PlaneDealz may defer further
shipment to Buyer or‚ at its option‚ cancel the unshipped portion of Buyer’s order. Buyer agrees to pay
interest on all past due invoices at the highest contractual rate allowable under the laws of the State of
Florida.
3. TERMS OF DELIVERY‚ ACCEPTANCE. Except as otherwise provided herein, PlaneDealz will deliver
the Products by making the Products available to Buyer EXW (Incoterms 2010) PlaneDealz’s warehouse
dock (“Delivery”). Title to, and risk of loss for, Products passes to Buyer upon Delivery. PlaneDealz is not
responsible for loading Products on any collecting vehicle. PlaneDealz is not responsible for shipping
charges and does not provide insurance on the Products. In the event that PlaneDealz elects to pay for
shipping, or offers free shipping from time to time, such action does not impact the passing of title and
risk of loss to Buyer, which occurs upon Delivery in all instances, In the event that a supplier drop-ships
a Product directly to the Buyer, Buyer agrees that PlaneDealz will make Delivery of such Products to
Buyer EXW (Incoterms 2010) at the supplier’s warehouse dock.
By accepting Products at PlaneDealz’s warehouse dock or at supplier’s warehouse dock, if a drop-ship
Product‚ Buyer agrees that the Products are free of defects‚ which a reasonably careful inspection would
disclose. Products shall be packed and packaged in accordance with reasonable commercial practice
for one-way shipment by air or surface transportation, as appropriate.
4. DATE OF SHIPMENT. Shipping dates are given at the best of PlaneDealz’s knowledge based upon
conditions existing at the time the order is placed and information furnished by Buyer. PlaneDealz will‚ in
good faith‚ endeavor to ship by the estimated shipping date but shall not be responsible for any delay or
any damage arising from its failure to ship by the estimated shipping date.
5. CANCELLATION OF ORDER BY BUYER: RETURN OF PRODUCTS FOR CREDIT. Buyer’s order
may not be modified or rescinded except in writing signed by PlaneDealz and Buyer. If all or part of
Buyer’s order is terminated by such modification or rescission‚ Buyer‚ in the absence of a contrary
written agreement between PlaneDealz and Buyers‚ shall pay termination charges based upon cost
determined by accepted accounting principles plus a reasonable profit. In any
circumstance‚ PlaneDealz’s written consent must be given in advance of Buyer’s return of Products for
credit.
5.1 CANCELLATION OF ORDERS EXPORTED TO BRAZIL ONLY: For all sales exported to the
Brazilian territory, the local policy will be followed where the customer has 7 days to regret the purchase
from the date of receipt of the product. This paragraph applies only to online purchases through the
planedealz.com platform with final delivery in Brazil.
5.2 For all other countries, the conditions of paragraph 5 apply.
6. FORCE MAJEURE. PlaneDealz shall not be liable for any failure to perform its obligations under this
Agreement resulting directly or indirectly from or contributed to by any acts of God‚ acts of Buyer‚ acts
of civil or military authority‚ priorities‚ fire‚ strikes or other labor
disputes‚ accidents‚ floods‚ epidemics‚ war‚ riot‚ delays in transportation‚ lack of or inability to obtain
raw materials‚ components‚ labor‚ fuel or supplies‚ or other circumstances beyond PlaneDealz’s
reasonable control.
7. DISCLAIMER OF ANY WARRANTY. BUYER ACKNOWLEDGES THAT IT IS PURCHASING
PRODUCTS FROM PLANEDEALZ IN PLANEDEALZ’S CAPACITY AS A DISTRIBUTOR OF SUCH
PRODUCTS FOR THE MANFACTURERS OF SUCH PRODUCTS. BUYER ACKNOWLEDGES THAT IT
WILL LOOK SOLELY TO THE WARRANTY(IES)‚ IF ANY‚ PROVIDED BY THE MANUFACTURER AND
THAT PLANEDEALZ MAKES NO WARRANTIES ON ITS OWN BEHALF WHETHER EXPRESS‚ IMPLIED
OR STATUTORY‚ INCLUDING‚ BUT NOT BY W AY OF LIMITATION‚ ANY WARRANTY OF
MERCHANTABILITY‚ FITNESS FOR A PARTICULAR PURPOSE‚ COURSE OF DEALING‚ COURSE OF
PERFORMANCE OR USAGE OF TRADE.
8. EXCLUSIVITY OF REMEDY‚ LIMITATION OF LIABILITY. In the event Buyer claims that PlaneDealz
has breached any of its obligations under this Agreement‚ PlaneDealz may request the return of the
Products and tender to the Buyer the purchase price therefore paid by Buyer and‚ in such
event‚ PlaneDealz shall have no further obligations under this Agreement except to refund such
purchase price upon redelivery of the Products. If PlaneDealz so requests the return of the Products‚ the
Products shall be redelivered to PlaneDealz in accordance with PlaneDealz’s instructions at PlaneDealz’s
expense. THE REMEDIES PROVIDED FOR IN THIS PARAGRAPH SHALL CONSTITUTE THE SOLE
RECOURSE OF BUYER AGAINST PLANEDEALZ FOR CLAIMS RELATING TO THE SALE OR USE OF
PRODUCTS‚ WHETHER THE CLAIM IS MADE IN TORT OR IN CONTRACT‚ INCLUDING CLAIMS
BASED ON WARRANTY‚ NEGLIGENCE‚ STRICT LIABILITY‚ PRODUCT LIABILITY‚ OR OTHERWISE. IN
NO EVENT SHALL PLANEDEALZ BE LIABLE FOR INDIRECT‚ INCIDENTAL‚ CONSEQUENTIAL
DAMAGES‚ ANY DAMAGE TO AIRCRAFT‚ or LOSS OF USE. NOR SHALL PLANEDEALZ’s LIABILITY
FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH THIS AGREEMENT OR
THE MANUFACTURE‚ SALE‚ DELIVERY OR USE OF THE PRODUCTS EXCEED THE PURCHASE PRICE
OF THE PRODUCT.
9. GOVERNING LAW‚ VENUE, LIMITATION OF ACTIONS. This Agreement is performed in Orange
County‚ Florida and shall be governed by laws of the State of Florida without regard for its conflict of
laws rules and specifically excludes the U.N. Convention on Contracts for the International Sale of
Goods. No action for breach of this Agreement or any covenant or warranty arising under this
Agreement‚ shall be brought more than one year after the cause of action has occurred. Buyer agrees
that any legal action or proceeding by Buyer against PlaneDealz with respect to this Agreement will be
brought in a court of competent jurisdiction located in Orlando‚ Florida‚ USA.
10. U.S. AND INTERNATIONAL TRADE CONTROL LAWS AND REGULATIONS: Buyer will comply
with all applicable import, export and sanctions statutes, laws, regulations and guidelines of the United
States and of any jurisdiction in which Buyer does business, and with all applicable export and import
licenses and their provisos. Buyer shall not make any dispositions, re-exports or diversion of the
Products except as United States laws may expressly permit. Seller shall have the right to revoke
acceptance of a purchase order in the event that Buyer is identified on the Entity List as promulgated by
the U.S. Department of Commerce, Bureau of Industry and Security (“BIS”), pursuant to 15 CFR 744 or
other government trade compliance or sanctions list.
Any trade data exchanged or obtained is for reference only and is not to be used for conducting
Customs business as defined under 19 CFR Part 111. PlaneDealz makes this data available for
informational purposes only. It may not reflect the most current legal developments, and PlaneDealz
does not represent, warrant or guarantee that it is complete, accurate or up-to-date. This information is
subject to change without notice. The information is not intended to constitute legal advice.
Buyer acknowledges the export transactions from the United States that are routed export transactions
are as defined in the U.S. Export Administration Regulations, 15 C.F.R. § 772.1 and Federal Trade
Regulations, 15 C.F.R. § 30.1(c). Buyer as the foreign party shall be considered the Foreign Principal
Party in Interest (FPPI) for these transactions, and as the FPPI authorizes their U.S. agent to facilitate the
export of items from the United States on the Buyer’s behalf and prepare and file the electronic export
information (EEI) in the Automated Export System (AES). Buyer will comply with 15 C.F.R. § 30.3(e)(2)
and 758.1(h)(1)(i) by supplying US Agent with a Power of Attorney or other form of written authorization
and will provide a copy to PlaneDealz, upon request. Buyer will also instruct their US Agent to provide
PlaneDealz a copy, upon request, of the AES transaction and Airwaybill within 5 days of export to
info@planedealz.com. PlaneDealz will provide all EEI to Buyer’s US Agent as required under 15 C.F.R. §
30.3(e)(1) to complete the AES filing.
11. TRANSPORTATION SECURITY REQUIREMENTS: Buyer agrees to make a good faith effort to
require its agents (including, but not limited to, brokers and freight forwarders) to (i) comply with all
applicable transportation security laws and regulations, and (ii) provide proper identification and
purchase order number when picking up products from PlaneDealz.