Terms Of Sale
The following terms and conditions govern the sale of all products by Stealth Aerospace (also “Seller” to its customers (also “Buyer”). Such terms and conditions supersede the terms and conditions on any purchase order submitted to Seller on a different or modified form. Seller reserves the right to change its terms and conditions from time to time without notice. If Buyer does not agree to any of the terms listed below, Buyer must contact seller upon receipt of goods for immediate return.
1. Buyer is deemed to have accepted the goods described unless notice of rejection is given to Seller in writing within 15 days of receipt of order. All claims (including but not limited to document issues, shortages, or any physical damage) must be made in writing within 15 days of receipt of materials. No claims will be honored thereafter. Our liability shall be limited to replacing the material or refunding the invoice value of the material sold. Buyer’s acceptance delivery of the parts, or attempt to accept the parts, or attempt to resell or use the parts prior to any dispute that may arise constitutes acceptance of the parts and approval to these terms.
2. No material can be returned without Seller issuing a return material authorization number (RMA#), which will be issued at Seller’s discretion. All goods for return must be freight prepaid. No order can be cancelled without Seller accepting cancellation in writing. Such cancellation are subject to Seller discretion and subject to cancellation fee.
3. Material that is not defective is returnable at the sole discretion of Seller. Any returns for such materials are at the sole discretion of Seller. All materials must be in original Stealth Aerospace packaging. All packing must be unopened. A restocking fee of at least 15% may apply. Stocking fees vary from product line to product line. Non-defective returns are subject to Credit only for future purchases.
4. Some goods may be imported and/or resold at buyer’s discretion; however, Sellers liability is not transferred to any third parties. Once the material specified herein has left Buyer’s possession and no claims have been made, Seller will not honor claims thereafter. In any event, our liability is limited to the cost of the goods at time of purchase.
5. For Customers with open accounts, Seller may in its sole discretion at any time and from time to time change the terms of Buyer’s credit, require payment in advance before shipment of any or all of the products specified herein, and/or require anticipated payment of any or all amounts due or to become due under this contract. If Seller believes in good faith that Buyer’s ability to make payments called for by this contract is or may be impaired, Seller may cancel this contract or any remaining balance thereof, Buyer remaining liable to pay for any products already shipped.
6. Buyer failure to make timely payment may result in such action as revocation of credit, delay or cessation of future deliveries, repossession of unpaid delivered goods or any one or more of these. Not withstanding and “net” payment provisions specified in the front of the invoice, Seller shall have no continuing obligation to deliver Products on credit, and Seller may withdraw any credit approval at any time and without prior notice.
7. Jurisdiction and venue for any dispute arising hereunder shall lie in California, in the Central District of Los Angeles County.
8. Any other terms and conditions whether on the customer purchase orders, customer website, and/or other documents are no longer valid and replaced with these terms and conditions.
9. In the event Buyer defaults in payment, Buyer shall be responsible for all of Seller’s attorneys’ fees and costs, including all collection costs. In addition, interest shall accrue on any unpaid balance due and owing Seller in an amount equal to 1.5 % per month.
10. Limited warranty and liability
The customer understands that Stealth Aerospace is a re-seller and under no circumstances shall be responsible for performing, testing of any products sold, or ensure compliance of such products with any given specifications. The manufacturers of the products we sell carry their own warranty policies and procedures and we will assist in communicating any warranty claims for products we sell.
In any event, all warranties, expressed or implied, are limited to a maximum of one (1) year from date of shipment. Our obligation is limited to to the furnishing of new parts free of charge in exchange for parts which have been proven defective. We shall not be liable for any other cost, including the cost of removal of a defective part, or any installation or labor costs. We reserve the right to repair parts in certain case at our discretion. The exclusive remedy shall be to furnish such new parts. Under no circumstances will vendor’s liability exceed the contract price for the products claimed to be defective. In no event we shall be liable for special, incidental, or consequential damages of any kind arising out of the use, manufacture, sale, distribution, or supplying of products under this agreement, even if we have been advised of the possibility of such damages. We assume no responsibility for proper selection and installation of its products. Our warranty obligations are contingent on Buyer giving written notice to us of any defect within thirty (30) days of discovery. Any legal action based on the claim of defective goods or breach of the limited warranty shall be brought within one (1) year from the date the cause of action accrues. We shall not assume any obligations or responsibilities assumed by Customer with respect to any state, local, or federal governmental entity, whether Buyer assumed such obligations or responsibilities by contract or by operation of law. To the extent the terms listed here conflict with any other terms pertaining to the sale of products hereunder, this terms shall govern and take precedence over the terms of any other such agreement. Further, Stealth Aerospace does not defend, indemnify, or hold harmless any person or entity from anything arising from performance of any order or contract.
11. All sales are FOB Origin (Our warehouse). Title and risk of loss is borne by the Buyer once good leave our warehouse, or pickup up by courier or Buyer's designee. All international sales are Incoterms Ex Works.
12. Seller does not agree to indemnify, defend or hold harmless the Buyer, its officers, director, employees, or agents against any losses, liabilities, damages, costs, and expenses (a) arising from any reason. Seller will not pay any losses, liabilities, damages, costs, and expenses and any costs and expenses of any claim, demand, suit, action, proceeding, litigation, or settlement .