Website Terms and Conditions of Use Relating to Aeronautical Aviation cc.
These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of the Aeronautical Aviation(“Provider”) website located at the domain name www.www.aeronautical.co.za (“the Website”). By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distribute Content obtained on the website for marketing and other purposes without the consent of the Provider.
By using this Website or communicating with the Provider by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.
E-Commerce & Privacy
The Website www.aeronautical.co.za sells aircraft equipment online. The use of any product or service bought from this Website is at the purchaser’s risk. The purchaser/user indemnifies and holds the Provider harmless against any loss, injury or damages which may be sustained as a result of using the products sold on the Website.
The private information required for executing the orders placed through the e-commerce facility, namely the User’s personal information and credit card details, delivery address and telephone numbers will be kept in the strictest confidence by the Provider and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the product. Credit card details are not kept by the Provider under any circumstances.
The Provider cannot be held responsible for security breaches occurring on the User’s electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.
The Provider will supply all goods to the delivery company in good order. The Provider will not be held liable for the condition of goods arriving at the User’s chosen delivery address.
Online Payment – Payfast Payment Gateway
All online credit card payments are processed by the Payfast Internet Payment Gateway. Card Holders may go to www.payfast.co.za to view Payfast’s security policies.
Refund and Return Policy
The provision of goods and services is subject to availability. In cases of unavailability, the provider will refund the client in full within 30 days. Cancellation of orders by the client will attract a 10% charge for administration costs.
The Provider reserves the right to cancel an order for which payment has already been received. This may occur if stock is insufficient or the quality of goods ordered does not meet the Provider’s standards. Should the Provider exercise this right, the User will receive a full refund with no deductions.
Any complaints regarding the standard and quality of the product or products bought by consumers through the e-commerce facility should be directed to the Marketing Manager, P.O. Box 1036, Lanseria, 1748, or [email protected].
All products available on this website are for sale in South Africa only.
Aeronautical shall endeavour to have your purchased product shipped immediately. In an out of stock situation, you will be contacted telephonically for confirmation whether a refund should be issued in full or whether to continue with the purchase and ship at an agreed date.
Free Shipping is for South Africa only.
Updating of these Terms and Conditions
Provider reserves the rights to change, modify, add or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
Copyright and Intellectual Property Rights
Provider provides certain information at the Website. Content currently or anticipated to be displayed at this Website is provided by Provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the Content”). All such proprietary works, and the compilation of the proprietary works, are copyright the Provider, its affiliates or subsidiary, or any other third party owner of such rights (“the Owners”), and is protected by South African and international copyright laws. The Providers reserve the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.
Limitation of liability
The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither Provider nor any holding company, affiliate or subsidiary of Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if Provider is expressly advised thereof.
Privacy: Casual surfing
The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. Provider uses this information to determine use of the Website, and to improve Content thereon. Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.
Choice of Law
This Website is controlled, operated and administered by Provider from its offices within the Republic of South Africa. Access to the Website from territories or countries where the Content or purchase of the products sold on the Website is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Witwatersrand High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.
Workshop Terms and Conditions Relating to Aeronautical Aviation cc.
- I/we hereby authorise AERONAUTICAL AVIATION (hereafter referred to as A.A.) To undertake the work detailed below, utilising all necessary materials and parts and acknowledge that A.A. can give me/us no undertaking that the work will be done on the date started.
- Should any additional work be required in order to ensure the airworthiness of the aircraft, Aeronautical Instrumentation will notify you of such additional work and obtain your written consent. Such additional work will be subject to these terms and conditions, as if it had been specified on a new Jobcard.
- I/we also authorise A.A.’s employees or representatives to operate and fly the aircraft herein described for the purpose of testing and/or inspection. I/we will not hold A.A. responsible for loss or damage to the aircraft or articles left therein in case of fire, theft or for any cause beyond A.A’s control. The aircraft hangarage will be at my/our own risk.
- We may ground handle, run or taxi the aircraft for testing.
- Aeronautical Aviation accepts no responsibility for loss, damage or injury arising from the maintenance or repair services specified overleaf (including goods provided in the course thereof) or reasonably necessary to perform the maintenance or repair services specified, whatsoever including, but not limited to, damage or injury to you or your aircraft, your aircraft’s engines or any accessories, and including consequential loss of whatsoever nature and howsoever arising and howsoever caused, including but not limited to, the negligent acts or omission of Aeronautical Instrumentation, its employees and sub-contractors. The effect of the clause is that you will have no right to claim against Aeronautical Aviation.
- You are required to ensure that your aircraft is properly and adequately insured at all times to cover damage to the aircraft and damage or liability to third persons caused by the aircraft. Aeronautical Instrumentation does not provide insurance cover for you or your aircraft, and accepts no liability for you or your aircraft as fully explained in paragraph above.
- As agreed, subject to delays in performance due to circumstances outside our reasonable control, such as industrial action and delays or unavailability on the part of a third party supplier. Part deliveries/invoicing are permitted.
- Test flights will only be carried out by Aeronautical Aviation once you have submitted proof of insurance to the satisfaction of Aeronautical Aviation.
- Payment is due before delivery/return of the goods/aircraft or within 30 days of statement where credit has been arranged. Payment is to be made without any deduction. Interest at 2% p/m is payable on overdue amounts.
- Ownership passes on full payment, fitted parts may be detached on non-payment. If goods/aircraft are sold, the resulting receivable is ceded to us as security.
- Claims for defective goods/work, must be notified to us in writing with details within 14 days after becoming apparent.
- In the case of defective work, the notification must be received by us within three months after delivery/return of the goods/aircraft to you. At our own option, the defective work will be repaired or replaced or the price waived. The goods/aircraft must be made available at our workshop for this purpose.
- In the case of defective goods, you will be entitled to all the rights under the manufactures/suppliers warranty on the terms of the warranty. The warranty is transferred to you and we will claim on your behalf.
- If the goods are unsuitable or do not comply with specification, clause 1.2 or 1.3 will apply according to whether we or the manufacturer/supplier is at fault.
- Our liability for defective work/goods is limited to that set out in this clause and we may decline to entertain any claim not notified within the specified time periods.
- We will not be liable for damage or loss of the goods/aircraft or any article left in the aircraft unless caused by our gross negligence or any other loss or damages whatsoever (E.g. Loss of profit, unproductive time, increased cost etc.)
- The following will only be valid if in writing, any variation of these conditions or of the contract of which they form a part, any agreement cancelling the contract: The waiver of any right under the contract and any information or advice given in connection with the contractor or the goods/aircraft/work.
- If either of us breaches any obligation, the other of us may suspend performance of the whole or part of the contract, including our warranty obligations if payment by you for the work/goods is overdue, and/or cancel the whole or part of the contract if the party in breach fails to rectify the breach despite reasonable written notice – ordinarily seven days – to do so.
- The magistrate’s court will have jurisdiction. The party in breach must pay all costs on an attorney and own client basis.These conditions will also apply to further contracts between us unless otherwise agreed.
- All Parts remain the Sole Property of A.A. until fully paid for. If payments are outstanding, A.A. holds the right to remove/sell any components/parts 14 days post invoice to defray expenses.
- You acknowledge that if you sign a jobcard on your own behalf, you will be responsible for the full payment of account in your personal capacity.
- You acknowledge that if you sign a jobcard as a representative of a company, you agree to be co-debtor for the company’s account. This means that if your company, for whatever reason, refuses or cannot pay its account, you will be liable in your personal capacity to settle the account with Aeronautical Aviation upon demand by Aeronautical Aviation.
- You hereby select the address as set forth on the jobcard to be your domicilium citandi et executandi for all purposes arising from here. You hereby acknowledge that you have read and understood each of the above conditions, and have voluntarily agreed to be bound by them.