Every order submitted to Aviatec carries with it express and unreserved acceptance of the present general terms of business (hereinafter the "General Terms") and of the pricing conditions in force at Aviatec, which are an integral part hereof.

The present general terms of business prevail over and replace all other general terms of business and all other documents issued by the client. These documents will be considered accepted only in the event of written consent from Aviatec.

Any changes to the present General Terms are immediately applicable, even to orders under way, as soon as they are communicated to the client.

The present General Terms do not carry with them any license or authorization to the client relating to the trademarks and other distinctive signs applied to the ordered merchandise. The client is prohibited from using any trademark or logo belonging to Aviatec without its prior authorization.

In the event of contradictions between the French and English versions of the General Terms, the French version will prevail.

2.1. Orders are firm and final. No order cancellation, in full or in part, by the clients of Aviatec will be taken into consideration without the prior written consent of Aviatec. In this case, notwithstanding the obligation to pay the balance of the price and the stipulations of article 4, par. 3 below, the down payments paid will remain acquired by Aviatec unless it is demonstrated that the cancellation is due solely to Aviatec.

2.2. The minimum order is 150 excluding taxes and shipping; if the minimum order is not met, handling costs are added on, excluding taxes.

2.3. Prices and offers are shown purely as indications. Aviatec reserves the right to adapt them at any time up until the order is accepted, without advance notice.

2.4. The new pricing conditions are applicable immediately. They are communicated at the clients request by the Aviatec marketing departments.

2.5. The applicable pricing conditions include the cost of standard packaging, according to regulation, the characteristics of which are known to the client. Any request for specific packaging, especially for dangerous or fragile products, must be submitted in writing to Aviatec and will be billed separately.

Aviatec prepares an invoice according to current French regulation when each sale is completed. All duties, taxes and social contributions if required will be billed at current rates.

4.1. Payment deadlines and conditions
Payments must be sent to the address appearing in the invoices heading or to the facility previously designated by AVIATEC, no later than 30 calendar days from the date of invoice, unless otherwise indicated on the invoice itself.
Any challenge relating to the invoice must be made within ten (10) days of receipt of the invoice, so as to allow it to be handled before the payment due date. The undisputed part of the invoice will be paid when due by the client.

4.3. No price reduction for early payments

4.4. Penalties for failed or delayed payment:

Delay or failure to make the full or partial payment of an invoice when due carries with it, starting on the due date:
- the collectability of all sums remaining due, whatever the payment conditions and due dates initially established; and
- the accrual of late-payment penalties at a rate equal to 1.5 times the legal interest rate; and
- authorises the seller to defer deliveries under way as well as new deliveries or responses;
without prejudice to all damages and interest and any other actions and means of law open to Aviatec.

5.1. The client may benefit from the attached allowances, rebates and discounts according to the quantities ordered by the client at a single time and a single place, or according to the regularity of its orders.

5.2. Any failure or lack of payment when due, any unilateral compensation or deduction by the client and more generally any failure to pay causes the defaulting client immediately and by right without prior notice to lose the right to any allowance, rebate, discount, bonus or advantage granted but not yet issued by Aviatec.

6.1. The merchandise is delivered to the delivery address indicated on the order. If, at the delivery address, the client or its replacement instructs Aviatec to take the merchandise to a place indicated on its property, this move will be made under the oversight and at the risks of the client, and at its expense if it leads to additional costs or a significant delay for Aviatec.

6.2. The merchandise may be turned over in any other place designated by the client subject to the receipt in due time of a reasonable notice that may not be less than five (5) calendar days. This new delivery will be made at the exclusive costs of the client.

6.3. Delivery times are given solely by way of indication; they are met to the extent possible but do not constitute a formal obligation for Aviatec. No delay in delivery may lead to termination of the contract nor give rise to any damages and interest.

7.1. In the absence of specific instructions from the buyer, we select for it the means of forwarding that seems most appropriate.

7.2. Shipping costs, including express shipping, are borne by the buyer.

7.3. Special packaging, including packing for hazardous materials, will be invoiced in addition.

8.1. Transfer of ownership: Aviatec retains title to the merchandise sold until effective payment of the full amount of the price of the goods and their ancillary costs. Cheques, letters of exchange and other means of payment do not constitute payment until the date on which they are actually collected. Any extensions that may be granted will be accompanied by the same reservation of title.
Consequently, in the event of failure to pay a single instalment when due, subject to the provisions of article 14 below, Aviatec may, after five (5) calendar days following the first presentation of a notice to perform by registered letter with confirmation of receipt having gone without effect, in whole or in part. Demand immediate restitution of the unpaid merchandise. The merchandise will be returned at the cost, risks and peril of the client.
The present clause having been established in the exclusive interest of the seller, the latter may in no case and for no reason whatsoever be invoked by the client for refusing to pay for the merchandise. When the risks are transferred to the client, the latter must, during the period of reservation of title, insure the merchandise on behalf of Aviatec and provide documentary evidence thereof upon its request.
The parties agree that the products in stock at the clients will be considered to refer to invoices not settled with Aviatec.
In any case, Aviatec reserves the right to claim the merchandise in the hands of any sub-purchasers.
Furthermore, in the event of resale, the claim may be extended to the price of the merchandise or any corresponding receivable, even in the hands of any possessor or assignee.

8.2. Risk transfer: The transfer of risks relating to merchandise occurs when the merchandise is picked up or shipped from Aviatecs warehouses.
This means in particular that the merchandise travels at the clients risk and peril, even if the merchandise is sold on an all-inclusive basis. In the event of damage or deterioration of products or losses or missing products, it is up to the client to make all reservations or seek all remedies from the responsible carriers.

9.1. Any complaints are to be addressed by fax to Aviatecs sales and marketing management service.

9.2. Complaints concerning quantities, weights and volumes must be received immediately after receipt of the merchandise; any other complaints must reach Aviatec within three (3) days of delivery and before the merchandise is used or resold.

9.3. In the absence of a complaint expressly issued by the client according to the paragraphs cited above, the delivered merchandise will be considered to conform to the order in quality and quantity.

9.4. A complaint does not suspend the obligation to pay. If a complaint has been justified, Aviatec, at its decision, will allow a reasonable refund, will take back the merchandise or will ensure a new delivery at its expense. Aviatec will never be required to pay compensation beyond the price of invoice for the goods concerned.

10.1 The contract may be terminated by right and without formality by Aviatec in the case of default or lack of payment at its term, of unilateral compensation or deduction by the client, or in the case of nonperformance by the client of any of its obligations hereunder, not fully remedied within a period of fifteen (15) calendar days following the day of the first presentation to the client of a notice to perform. This termination will be notified to the client by mail or by fax.
This termination will carry with it not only termination of the sale but also of all other orders from the client, whether delivered or being delivered.

10.2 In the event of termination of the contract to the detriment of the client, Aviatec may demand a lump-sum compensation of 20%, without prejudice to additional damages and interest.

As orders are considered indivisible, failure of acceptance, the failure or lack of payment when due of a payment order or a commercial bill, any unilateral compensation or deduction by the client and more generally any failure to pay and any event that reveals a reduction in the clients apparent solvency, also authorizes Aviatec by right and without prior notice to perform to invoke the lapse of all terms allowed, due or to fall due, and to proceed to compensation up to the amount of Aviatecs receivables in principal and interest, expenses and ancillary costs, with all credits, reimbursements, allowances, rebates or refunds and, more generally, any sums that Aviatec may owe, for whatever reason, and finally to retake possession by right of the merchandise in the clients stock, under the conditions set forth at article 8.1 above.

12.1. The client is considered to acquire the products at its risk and peril, Aviatec not being liable for any defect that may affect said products or for any harmful consequences that such defects my cause.

12.2. The client assumes exclusive liability in relation to the use of the products purchased and consequently guarantees Aviatec against any complaint or claim, in court or amicable, resulting from damages caused to property and damages caused to persons because of the use of said products sold by Aviatec.

12.3. Aviatec may not be held liable for direct or indirect damages associated with use of the products. Furthermore, Aviatec may not be held liable for any change to products not provided for or specified by Aviatec or the manufacturer, or for their use in any circumstance whatsoever or in relation to any other product.

12.4. Aviatecs liability may not be invoked if the products sold are transported or stored under abnormal conditions or conditions incompatible with their nature.

12.5. In any case, if Aviatecs liability were to be invoked because of the sale of the products, the liability may not exceed the price paid by the client for the order concerning the product or products in question.

12.6. The client undertakes to notify Aviatec immediately and in writing of any problem encountered in the use of the products.

Aviatecs obligations will be suspended by right and without formality, and its liability relieved, in the case of events occurring beyond its reasonable control that are likely to halt or reduce the manufacture, supply or transport of the merchandise, or to prevent normal execution of the sale, even if these events do not present the characteristics of force majeure according to the Civil Code.

In all cases, Aviatec is subrogated to the rights of its clients with regard to any sums or indemnities which may be owed them, for any reason whatsoever, in particular insurance, up to the amount of the price of merchandise not yet paid.

In the case of multiple parties, it is expressly agreed that the addressee and the client, as designated on the back of the invoices, as well as any other intermediary, will be jointly liable for payment of the merchandise ordered, without the possibility of invoking benefit of division or discussion.