Unless otherwise specifically agreed to in writing and signed by an authorized employee of Somma.Aero (Somma Aero Inc.)‚ the following terms and conditions of sale (“Agreement”) apply to all sales of products from Somma. Aero to Buyer (“Product(s)”). Any different or additional terms and conditions proposed by Buyer in its purchase order‚ or otherwise‚ are objected to by Somma.Aero. Buyer’s consent 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made or entered into before or contemporaneously with this Agreement ‚ whether verbal or written‚ are canceled and superseded by this Agreement.
1. PRICES. All quotations are made for immediate acceptance and are subject to change without notice before acceptance. All sales by Somma.Aero are EXW (Incoterms 2010) vendor’s warehouse dock unless otherwise specified in writing by Somma.Aero or at our website . 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 Somma. Aero’s compliance with any act of government. Any tax or other governmental charge upon the production‚ sale‚ shipment, or use of the product that Somma.Aero is required to pay or collect from Buyer shall be paid by Buyer to Somma.Aero unless Buyer furnishes a tax exemption certificate acceptable to the appropriate taxing authority.
2. PAYMENT. Unless Somma. Aero’s credit department has extended credit terms to Buyer in writing‚ or unless other terms are included in delivery documents issued by Somma.Aero for the Products‚ payment terms are available online at our e-commerce checkout page.
3. TERMS OF DELIVERY‚ ACCEPTANCE. Except as otherwise provided herein, Somma.Aero will notify the Vendor about the sale of the Products and follow the shipping process until the delivery. Title to, and risk of loss for, Products passes from Vendor to Buyer upon Delivery. Somma.Aero is not responsible for loading Products on any collecting vehicle. Somma.Aero is not responsible for shipping charges and does not provide insurance on the Products. If Somma.Aero 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, If a supplier drop-ships a Product directly to the Buyer, Buyer agrees that Somma .Aero will make Delivery of such Products to Buyer EXW (Incoterms 2010) at the supplier’s warehouse dock unless stated otherwise on a Parts Quote or Website Checkout.
By accepting Products at the supplier’s or vendor’s warehouse dock‚, the Buyer agrees that the Products are free of defects‚ which a reasonably careful inspection would disclose. Products shall be packed and packaged by 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 Somma. Aero’s and Vendor’s knowledge is based upon conditions existing at the time the order is placed and information furnished by Buyer. Somma.Aero 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 Somma.Aero, Vendor, 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 Somma.Aero and Buyers‚ shall pay termination charges based upon cost determined by accepted accounting principles plus a reasonable profit. In any circumstance‚ Somma. Aero’s and Vendor’s written consent must be given before 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 seven days to regret the purchase from the date of receipt of the product. This paragraph applies only to online purchases through the Somma.Aero platform with final delivery in Brazil.
5.2 For all other countries, the conditions of paragraph 5 apply.
6. FORCE MAJEURE. Somma.Aero 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 Somma. Aero’s reasonable control.
7. DISCLAIMER OF ANY WARRANTY. BUYER ACKNOWLEDGES THAT IT IS PURCHASING PRODUCTS FROM VENDORS AND SUPPLIER’S IN SOMMA. AERO’S CAPACITY AS A MARKETPLACE OF SUCH PRODUCTS FOR THE MANUFACTURERS AND DISTRIBUTORS OF SUCH PRODUCTS. BUYER ACKNOWLEDGES THAT IT WILL LOOK SOLELY TO THE WARRANTY(IES)‚ IF ANY‚ PROVIDED BY THE MANUFACTURER AND THAT SOMMA.AERO MAKES NO WARRANTIES ON ITS OWN BEHALF, WHETHER EXPRESS‚ 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.
8. EXCLUSIVITY OF REMEDY‚ LIMITATION OF LIABILITY. In the event, Buyer claims that Somma.Aero has breached any of its obligations under this Agreement ‚ Somma.Aero may request the return of the Products and tender to the Buyer the purchase price therefore paid by Buyer and‚ in such event‚ Somma.Aero shall have no further obligations under this Agreement except to refund such purchase price upon redelivery of the Products. If Somma.Aero so requests the return of the Products‚ the Products shall be redelivered to the Vendor’s or Supplier’s address in accordance with Somma. Aero’s instructions at Somma. Aero’s expense. THE REMEDIES PROVIDED FOR IN THIS PARAGRAPH SHALL CONSTITUTE THE SOLE RECOURSE OF THE BUYER AGAINST SOMMA.AERO 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 SOMMA AERO INC(SOMMA.AERO). BE LIABLE FOR INDIRECT‚ INCIDENTAL‚ CONSEQUENTIAL DAMAGES‚ ANY DAMAGE TO AIRCRAFT‚ or LOSS OF USE. NOR SHALL SOMMA. AERO’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 Brandon‚Florida, and shall be governed by laws of the State of Florida without regard for its conflict of laws rules and excludes explicitly 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 Somma.Aero(Somma Aero Inc.). Concerning this Agreement, will be brought in a court of competent jurisdiction located in Brandon‚FL, 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 if 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.“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 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. Somma.Aero makes this data available for informational purposes only. It may not reflect the most current legal developments, and Somma.Aero 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 Somma.Aero, upon request. Buyer will also instruct their US Agent to provide Somma.Aero a copy, upon request, of the AES transaction and Airwaybill within five days of export to info@somma.aero, Somma.Aero will provide all EEI to the 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 Somma.Aero.
Refunds
We only process refunds when the item purchased is defective (and it wasn’t on the item description), or when the purchase was made by mistake. On all scenarios we or the vendor must receive the Item back first for evaluation.
Once your return is received and inspected, we will email you to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, your refund will be processed, and a credit will automatically be applied to your credit card or original payment method, within a certain amount of days.
Shipping costs are non-refundable. If you receive a refund, the cost of shipping will be deducted from your refund.
Late or missing refunds
If you haven’t received a refund yet, first recheck your bank account.
Then contact your credit card company; it may take some time before your refund is officially posted.
Next, contact your bank. There is often some processing time before a refund is posted.
If you’ve done all of this and still have not received your refund, please get in touch with us at info@somma.aero
Sale items
Only regular priced items may be refunded. Sale items may not be refunded.
Exchanges
We only replace items if they are defective or damaged. If you need to exchange it for the same item, email us at info@somma.aero and send your item to the Vendor Address (the same address that it came from).
CORE RETURN POLICY
Every manufacturer has different policies regarding what is acceptable for core returns. Unless prior authorization is obtained from an Somma Aero Inc. Customer Service representative, all cores must be “Like” part numbers and must be in repairable condition. We are no longer able to accept unrepairable cores.
All core returns must be returned with the core label provided at the time of purchase, or must clearly reference our Core RMA number on paperwork inside the box. The customer will be responsible for all fees assessed by the manufacturer for substandard or unlike cores. All cores must be returned within 60 days of the original ship date. If you did not receive a Core label referencing the RMA number for the core return, please contact our Customer Service department for assistance.
Any unit being returned for core credit shall be in the same condition as removed from the engine and/or aircraft. Cores must be complete and cannot be disassembled. Units that are rusty, corroded, or cannot be overhauled for any reason, will be classified as scrap, having no value. A percentage of the core value will be deducted for all missing or damaged parts. At no time will the damaged or missing parts charge on any unit exceed the core value of that unit.
Shipping Returns
To return your product, you should mail your product to the Vendor or Supplier Address, in case of doubt contact us at info@somma.aero.
You will be responsible for paying for your shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of shipping will be deducted from your refund.
Depending on where you live, the time it may take for your exchanged product to reach you may vary.
If you are returning more expensive items, you may consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.
Need help?
Contact us at info@somma.aero for questions related to refunds and returns.