Annex 1 to Commercial Quote SW-COM-100.001 hereinafter referred as “Agreement”
ScaleWings Aircraft GmbH Terms & Conditions
ScaleWings Aircraft GmbH, hereinafter referred to as ScaleWings, a German corporation, is the distributor of an experimental aircraft supplied in kit form for the homebuilder and provide further equipment and or services.
The SW-51 Mustang aircraft requires inspection and certification by the Federal Aviation Administration (FAA) under provisions of the Federal Aviation Regulations (FAR’s) and or other inspections and certification by further or other authorities pending on the applicable regulation of aircraft and or operator registration country. Purchaser of the SW-51 Mustang kit and or further services or equipment has read and thoroughly understands the FAR’s and or other applicable regulation as they apply to aircraft in the experimental category.
The SW-51 Mustang kit, when properly constructed, will reproduce the SW-51 Mustang aircraft with its key performance parameters indicated by ScaleWings and the authentic look indicated on ScaleWings sales document. ScaleWings and all ScaleWings sales representatives are not responsible and make no warranties, express or implied whatsoever, regarding the performance, flight characteristics, structural integrity or safety of the purchaser’s completed aircraft and its component parts. Purchaser understand that the use of specific equipment such as propeller, engine or other equipment can and will change performance figures, limitations and handling qualities of the aircraft may affecting the safety of operation.
Purchaser understands and agrees that there are many factors that affect the design integrity of purchaser particular completed aircraft including design requirements for engine and propeller and requirements for aerodynamic and center of gravity characteristics. ScaleWings reserves the right to make recommended revisions in the plans, parts and construction of the aircraft without liability to ScaleWings as such revisions may be deemed advisable from time to time.
Purchaser understands and agrees that there are many factors outside the control of ScaleWings that can significantly affect the safe operation of the ScaleWings SW-51 aircraft. Such factors include the quality of construction by purchaser or others, maintenance procedures and repairs. ScaleWings does not warrant the integrity of component parts once they leave ScaleWings facility.
Purchaser agrees to inspect all components prior to assembly for shipping and other damage.
Purchaser accepts sole responsibility for construction and operation of the ScaleWings aircraft constructed by purchaser. Due to the many factors beyond ScaleWings’ control, purchaser releases ScaleWings and all sales representatives from any liability for any bodily injury or property damage arising from purchaser’s construction, maintenance and use of any ScaleWings aircraft. Purchaser understands and agrees that the cost of the ScaleWings SW-51 Mustang kit would be substantially higher should such condition not be made.
Purchaser understands that proprietary information concerning the ScaleWings SW-51 Mustang and or equipment is supplied to purchaser by ScaleWings for its and only its express use in construction of the SW-51 Mustang aircraft. This includes the aircraft part and design features and all written assembly documentation. This material will not be copied by purchaser for any use other than its own, nor will purchaser allow any other persons to copy this material.
ADDRESS OR OWNERSHIP CHANGE
It may be necessary for ScaleWings or its sales representative to communicate with purchasers from time to time on information relating to safety, changes in design, construction and operation. Thus, purchaser understands and agrees to notify ScaleWings of any change of address or change of ownership of the SW-51 Mustang aircraft whether completed or not. There is a fee associated with transferring ownership.
PAYMENTS AND REFUNDS
Orders for SW-51 Mustang kits will be entered by the date of receipt of signed purchase agreement and deposit. Kit serial numbers preliminary assigned in the purchase and sales agreement may vary with the final serial number, to be confirmed by ScaleWings by mail or email.
The deposit is refundable only within 30 days with a 25% cancellation fee applied. If purchaser does not accept delivery (subject to all terms) within 18 months of kit or other equipment and or services delivery, the entire deposit will be forfeited. ScaleWings will confirm by mail or email the proposed delivery date to customer as soon as order is placed. The delivery date confirmation may vary with the anticipated delivery quarter, defined in the purchase & and sales agreement.
The kit and or other equipment or service price indicated on the purchase & and sales agreement is subject to change and may have to be adjusted, even after signature of agreement, until delivery note of the contract product. The quoted kit price at time of deposit is guaranteed for three months unless otherwise provided in writing. Kit pricing is guaranteed to original purchasers only. Please phone or write to verify the current kit price.
ScaleWings reserves the right to fully refund any deposit for any reason. This will then relieve ScaleWings and any of its sales representatives of any further obligation.
ENGINE, PROPELLER, AVIONICS, SERVICE OPTIONS
When purchaser place an order for an engine, propeller, avionics, services or any other item requiring full or partial payment, Seller/ScaleWings Aircraft GmbH places a purchase order for such item or items with outside vendors. Both the Seller and the Vendor rely upon purchasers order and obligate themselves to others who provide the items for which purchaser have placed an order. These items are not always readily returned to inventory or accepted back by the vendor. Therefore, all such advance deposits/payments made are non-refundable. Seller will attempt to negotiate with vendors for a partial return of your payment, but in any event there will be a 25% restocking/cancellation fee if purchaser fail to timely pay the balance due at time of shipment and/or delivery. Delivery must be taken within 180 days from time of deposit/payment unless there is a vendor delay, otherwise current pricing may apply when delivery is taken.
All shipping costs are at purchaser’s expense, shipping EXW and FOB (ex works and freight on purchaser) from ScaleWings Poland facility. Standard shipping is by motor freight (except overseas) and all shipping charges are collect.
Upon receipt of your order with deposit, purchaser will be notified by mail of the estimated shipment date of your SW-51 Mustang kit and or further equipment and services. Purchaser must understand that this is only an estimate and the actual shipment date may be advanced or delayed. Shipment advances will be made only with purchaser approval.
Kit and or other equipment or service orders requesting specific delivery dates are subject to ScaleWings approval. Kit and or other equipment or service orders requesting earliest convenience delivery dates will be shipped as soon as possible. Should purchaser request more than 30 days postponement upon notification of delivery, purchaser will be subject to possible storage fees, purchaser may be asked to pay off balance of kit and or other equipment or service payment or be subject to current kit and or other equipment or service pricing. Delivery of the instrument panel, which is part of the SW-51 Mustang kit, must be accepted within 120 days after 2nd kit payment unless otherwise negotiated.
Due to possible vendor delays, some items may be temporarily out of stock when the kit is shipped. As backordered items arrive, these items will be shipped with the appropriate shipping charges applied.
ScaleWings is very careful to assure that the order is filled correctly and shipped securely. However, it is purchaser’s responsibility to inspect your kit and or other equipment or service immediately upon arrival, checking against the part list and for shipping damage. If the purchaser participates in the builder assist program, inventory of the kit will be completed at the ScaleWings facility. If the purchaser does not participate in the builder assist program, then any discrepancies in the kit must be reported to ScaleWings within 30 days of receipt for any adjustments.
OBLIGATIONS ON AND AFTER A POSSIBLE TERMINATION
On termination of the Agreement both Parties shall immediately obtain mutual agreement on returning, destroying or deleting Information as technically appropriate and in compliance with data protection requirements.
Written Form. There are no oral agreements between the Parties. To the extent any such agreements did exist, they shall become invalid upon signing this Agreement. Any amendments and supplements to this Agreement, as well as any declarations made by the Parties which are intended to produce legal effects in accordance with this Agreement shall be in writing in order to be valid. Any derogation from this clause must be in writing in order to be valid.
Severability. In the event one or several provisions of this Agreement are or become invalid or unenforceable, the remainder of this Agreement shall remain unaffected thereby.
Governing Law. This Agreement shall be governed and construed in accordance with German law. The legal venue for all obligations arising from or in connection with this Agreement shall be Munich, Federal Republic of Germany.
FORCE MAJEURE. ScaleWings shall not be liable for delay or failure in performance of any of its obligations to the Purchaser attributable in whole or in part to any cause beyond its reasonable control including, but not limited to, actions or inactions of government bodies whether in its sovereign or contractual capacity and including any delay in delivering a regulatory approval, judicial action, war, civil disturbance, insurrection, sabotage, act of a public enemy, act of terrorism, labour difficulties or disputes, failure or delay in delivery by ScaleWings’ suppliers or subcontractors, transportation difficulties, shortage of energy, materials, labour or equipment, accident, pandemic, fire, flood, storm or other act of God (‘Event of Force Majeure’), or the Purchaser’s fault or negligence.
Purchaser is under no legal disability and has relied upon the advice and representation of an attorney of his own selection, or has had the opportunity to do so, prior to executing this Agreement. Further, Purchaser affirms that Purchaser has read and fully understands this Agreement, and has been fully advised as to the legal effects thereof or has had the opportunity to do so, prior to executing this Agreement.