Term & condition
THE FOLLOWING DESCRIBES THE TERMS AND CONDITION OF SALE ON WHICH COMPONENT CONTROL OFFERS YOU ACCESS TO THEIR SERVICES.
By using the terms and condition of sale, you agree to these conditions. Please read them carefully. your use of this Site in any manner, whether browsing or making a purchase, constitutes your acknowledgement that you have read the terms and conditions and that you agree to follow and be bound by them. If you do not agree to these Site terms or any subsequent modification thereof, do not access, browse, or otherwise use this Site. Continued use will be the legal equivalent of your signature on a written contract, and equally binding. Unless otherwise specifically agreed to in writing and signed by an authorized employee of GMF‚ the following Terms and Conditions Of Sale apply to all sales of products from GMF to Buyer. Any different or additional terms and conditions proposed by Buyer in its purchase order‚ or otherwise‚ are objected to by GMF. 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 Terms and Conditions Of Sale represents the entire agreement of the parties and all proposals‚ negotiations‚ representations or agreements made or entered into prior to or contemporaneously with this Terms and Conditions Of Sale ‚ whether verbal or written‚ are cancelled and superseded by this Terms and Conditions Of Sale.
1.1. CIA means Cash In Advance payment method which require Buyer to settle the payment first before GMF is made the shipment.
1.2. EXW means Ex Work which is defined as commercial terms published by International Chamber of Commerce in Incoterms 2010.
1.3. GMF Warehouse means GMF’s Facility in Soekarno-Hatta International Airport Indonesia.
1.4. Product means all the object provide by GMF to Buyer which show on catalog.
1.5. Site means PT Garuda Maintenance Facility Aero Asia website or GMFAeroTrade.com
2.1. Payment terms are CIA in United States Dollars/Indonesian Rupiah. GMF 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‚ GMF 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 Republic of Indonesia.
2.2. All quotations are made for immediate acceptance and are subject to change without notice prior to acceptance. All sales by GMF are EXW (Incoterms 2010) GMF’s warehouse dock unless otherwise specified in writing by GMF. Prices are stated in United States Dollars/Indonesian Rupiah‚ exclusive of sales‚ use‚ excise or similar taxes, AOG and are subject to any price adjustment necessitated by GMF’s compliance with any act of government. Any tax or other governmental charge upon the production‚ sale‚ shipment or use of the product which GMF is required to pay or collect from Buyer shall be paid by Buyer to GMF unless Buyer furnishes GMF with a tax exemption certificate acceptable to the appropriate taxing authority.
3.1. GMF will make products available to Buyer EXW (Incoterms 2010) GMF’s warehouse. Upon notification to Buyer or Buyer’s agent, title to products passes at the same time as risk of loss in accordance with the Incoterm specified in paragraph 1. By accepting products at GMF’s warehouse‚ Buyer agrees that they are free of defects‚ which a reasonably careful inspection would disclose. End items and/or spare parts shall be packed and packaged in accordance with reasonable commercial practice for one-way shipment by air and/or surface transportation.
3.2. Shipping dates are determined by GMF upon conditions existing at the time the order is placed and information furnished by Buyer. GMF 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.
Cancellation of order by buyer: return of products for credit: buyer’s order may not be modified or rescinded except in writing signed by GMF 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 GMF and Buyers‚ shall pay termination charges based upon cost determined by accepted accounting principles plus a reasonable profit. In any circumstance, GMF’s written consent must be given in advance of Buyer’s return of products for credit.
GMF shall not be liable for any failure to perform its obligations under this Term and Condition of Sale resulting directly or indirectly from or contributed to by any acts of God‚ acts of Buyer‚ act of government which directly impact to this activity, 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 GMF’s reasonable control.
Buyer acknowledges that it is purchasing products from GMF in GMF’s capacity as a distributor of such products. Buyer acknowledges that it will look solely to the warranty(ies)‚ if any‚ provided by the manufacturer and that GMF makes no warranties on its own behalf whether expressed‚ implied or statutory‚ including‚ but not by way of limitation‚ any warranty of merchantability‚ fitness for a particular purpose‚ course of dealing‚ course of performance or usage of trade.
Exclusivity of remedy‚ limitation of liability: in the event Buyer claims that GMF has breached any of its obligations under this Agreement‚ GMF may request the return of the products and tender to the Buyer the purchase price therefore paid by Buyer and‚ in such event‚ GMF shall have no further obligations under this Agreement except to refund such purchase price upon redelivery of the products. If GMF so requests the return of the products‚ the products shall be redelivered to GMF in accordance with GMF’s instructions at GMF’s expense. THE REMEDIES PROVIDED FOR IN THIS ARTICLE SHALL CONSTITUTE THE SOLE RECOURSE OF BUYER AGAINST GMF 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 GMF BE LIABLE FOR INDRIECT‚ INCIDENTAL‚ CONSEQUENTIAL DAMAGES‚ ANY DAMAGE TO AIRCRAFT‚ or LOSS OF USE. NOR SHALL GMF’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.
LAW AND JURISDICTION:
8.1. This Agreement shall be governed by laws of Republic of Indonesia. 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 GMF with respect to this Agreement will be brought in a court of competent jurisdiction located in Center of Jakarta.
TAXES AND FEES:
9.1. All forms of taxes arising out in connection with this Agreement enforcement shall be responsibility and obligation of each party in accordance with applicable tax regulation and provision in Republic of Indonesia.
9.2. Buyer will comply with all applicable import, export, laws, regulations and guidelines of Republic of Indonesia and of any jurisdiction in which Buyer does business, and with all applicable export and import licenses and their provisions. Buyer shall not make any dispositions, re-exports or diversion of the products purchased from GMF except as Republic of Indonesia may expressly permit.
9.3. All forms of duty and fees arising out in connection with this Agreement enforcement shall be responsibility of Buyer.
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 GMF.
Notwithstanding any of these terms and conditions, GMF reserves the right, without notice and in its sole discretion, to terminate your registration and to block or prevent future access to and use of the Site.
TERMS OF SALE:
Unless you have entered into a separate agreement with us, all sales from this Site are governed by GMF. You should refer to these Terms and Condition of Sale to learn more about our payment and shipping terms, as well as product returns and order cancellations. By ordering and/or accepting delivery of any products or services from us, you agree to be bound by these Terms and Condition of Sale. These Terms and Condition of Sale are subject to change by GMF posting an updated Terms and Condition of Sale here and by sending registered users an email notice of the change. If any modification is unacceptable to you, you shall cease using this Site. If you do not cease using the Site, you will be conclusively deemed to have accepted the change. Therefore, you also should review the Terms of Sale each time you make a purchase or submit an order. Usage Restrictions This Site includes an online catalog of product and part information obtained from GMF suppliers, as well as other information, data, databases, text, screen displays, page layouts, images, graphics, sound, logos, icons, links, software and programs, all of which may be modified, supplemented or removed from time to time by GMF and/or its affiliates and suppliers (collectively, the "Content"). You may access and view the Content appearing on this Site solely for your personal and/or internal business use, and if you register with us by completing the Registration Agreement (Insert Hyperlink), for purposes of ordering products and services. Use of this Site does not include and you are prohibited from, without limitation: (i) downloading and storing the Content in whole or in significant part; (ii) renting, leasing, loaning, selling or sublicensing the Content or otherwise providing third parties with access to the Content; (iii) making derivatives of the Content or the Site; (iv) using data mining, robots, spiders or similar methods to gather and extract the Content; (v) decompiling, reverse engineering, or disassembling the Site; and (vi) except as otherwise permitted herein, copying, modifying, reproducing, distributing, displaying or transmitting all or any portion of the Content or this Site. You may download, copy and print specific part-look up, ordering and sales information and any legal notices, provided that you (a) retain all copyright, trademark or other proprietary notices contained on the Content, (b) do not modify or alter the Content in any way and (c) do not make the Content available to any third party. GMF reserves complete title and full intellectual property rights in any Content that you download from this Site. You agree to comply with all applicable laws and regulations in Republic of Indonesia.
13.1. These Terms and Conditions of Sale, including with respect to orders of products set forth in this Terms and Conditions of Sale, constitute the entire agreement between you and GMF with respect to use of this Terms and Conditions of Sale. These Terms and Conditions of Sale supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and GMF with respect to this Site. No modification of the Site Terms and Conditions shall be effective unless authorized by GMF. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect. Comments and Questions You may submit your questions or comments regarding use of this Terms and Conditions of Sale, by sending an email to email@example.com, Please include your name, phone number, and email address with your questions.
13.2. This Terms and Conditions of Sale is not directed toward children and no one under the age of 21 is permitted to open an GMF account and order products and services from GMF.