Terms & Conditions
- On signing each of the documents,required for the execution of a contract or order (e.g. PurchaseContract or Purchase Order), the buyer (an individual or a legalentity) also accepts these general terms and conditions in theirentirety and without any reservation (hereinafter “General Termsand Conditions” or “GTC”), bearing in mind thatthese GTS do not apply to general documents published by JIHLAVANairplanes, s.r.o. (limited liability company) with its registeredoffice at Znojemska 826/64, 586 01 Jihlava, Czech Republic,(hereinafter the “Seller”), including the promotionalbrochures and catalogues, which are only informative in nature.Deviations from these GTC shall apply only upon and to the extent ofany explicit, written agreement between the Seller and the buyer.
- The GTC apply in the same manner to theaircraft (hereinafter the “product”), as well as to theirindividual parts or components and to services (hereinafteraltogether the “goods”). It is not possible to enforce anyother terms and conditions other than those specified in the GTC,except in cases when such an exception is allowed by a writtenagreement composed by the Seller and signed by its statutory body orCEO or a person authorised by him in a written form of a power ofattorney. In cases when the Seller, being in a legal relationshipwith the buyer, does not enforce any of the rights specified in theGTC, it possesses the full right to enforce these conditions any timelater on, for such a postponement cannot be regarded as a validrenunciation of the GTC.
- All purchase orders are final and areregarded as accepted, when confirmed by the Seller in writing,usually in the form of a Purchase Contract or a Purchase Order. Inorder for the order process to be acceptable, orders must besubmitted, via a facsimile or e-mail. The email shall contain a copyof the appropriate document with the authorised signature of thebuyer.
- The goods shall be ordered by the buyeror his authorised representative. The buyer or his authorisedrepresentative cannot transfer the order to a third party without theSeller’s prior written consent.
- Changes of the purchase order by thebuyer are not allowed, except on the condition that the buyer informsthe Seller or its representative about such a change no later than 2months prior to the delivery date and the Seller accepts such achange. In the case the Seller does not accept such a change, thebuyer is obliged to take over the goods as originally ordered.
- In case of cancellation of the purchaseorder by the buyer, the buyer has no right to claim a reimbursementof the amount he/she has already paid in advance. The Seller is notobliged to reimburse these payments and may keep them as a penaltyfee.
- The Seller reserves at his solediscretion the right to introduce, at any time and without a priornotice, changes concerning the materials, systems or spare andadditional parts if he considers that being appropriate and that suchchanges will have no effect on the function of the product.
- In order to purchase the product, thebuyer shall execute a down payment in the amount of 40 % of thecontractual purchase price no later than 10 working days after theconfirmation of the Purchase Order by both contractual parties unlessotherwise specified.
- The remaining part of the contractualpurchase price has to be paid in total at least 10 days before theagreed delivery date.
- The payment will be net of all bankingand other charges and taxes.
- The date of payment is understood asthe date of debiting the amount to the Seller’s account.
- In the case that the buyer will be indelay with payments, the buyer is obliged to pay to the Seller thepenalty of 0,05% of the outstanding amount for each day of delay.
- For purchasing spare parts the buyershall settle the whole payment immediately after receipt of theinvoice before the spare parts dispatch.
- All payments shall be made to theSeller’s bank account net of all import duties, withholding taxes,licenses, consumer taxes, banking fees and commissions and/or anyother charges applicable to the sale or ownership of the goods.
- The goods remain in the possession ofthe Seller until the buyer meets all his payment liabilities. Duringthis time, the buyer is not allowed to dispose of the goods.
- Unless otherwise agreed, the goods aredelivered under the delivery terms „EXW INCOTERMS 2010 airfieldLKJI“ or „EXW INCOTERMS 2010 factory Jihlava“.
- The Seller specifies the delivery datesin the same order as the purchase orders are received, and accordingto the production capacities. The delivery dates are determined withregards to production, however, they may be subject to change in caseof some unanticipated problems or delays in the deliveries ofproducts’ parts, components or other materials required for theproduct’s completion.
- Neither party shall be liable indamages or have the right to complete the Purchase Contract or thePurchase Order for any delay or default in performing hereunder ifsuch delay or default is caused by conditions beyond its controlincluding, but not limited to Acts of God, Government restrictions(including the denial or cancellation of any export or othernecessary license), wars, insurrections and/or any other cause beyondthe reasonable control of the party whose performance is affected.
- In standard cases, the Seller has tomake the goods ready for takeover on the anticipated delivery date or10 days after receipt of the full purchase price.
- In case of delays in delivery caused bythe Seller exceeding the anticipated delivery date by more than 90days, the buyer has the right to cancel his/her order by sending aregistered letter addressed to the Seller within 7 days after theexpiry of the 90-day period. The Seller will, within next 14 days,reimburse the buyer the entire sum paid, yet in case of thereimbursement after the expiration of the above stated time limit theSeller is obliged to pay to the buyer the penalty of 0,05% of theentire sum for each day of delay.
- In any case, the delivery is madepossible only after the buyer has met all his/her financialliabilities with the Seller.
- In case the buyer does not takepossession of the fully paid goods and the delay exceeds the agreeddelivery date for at least 21 working days, the Seller has the rightto charge a storage fee.
- In case the buyer’s delay exceeds theagreed delivery date by more than 90 days, the Seller has the rightto keep 40% of the purchase price as a penalty, to sell the goods andthus to cover the penalty and storage fees, the balance however isgiven back to the buyer.
- In case the buyer bankrupts or diesbefore the envisaged delivery and does not overtake the fully paidgoods, the paid sum, deducted by the 40% of the purchase price as apenalty and storage fees, will be reimbursed within one month to theaccount or to the solicitor or person determined to be an heir by theinheritance decision or by some other judicial or official document.
7.ACCEPTANCE OF THE GOODS
- By accepting the goods the buyer alsoassumes the responsibility for their assembly and control of theiroperation.
- In the case of visible defects orincompatibility of the delivered goods with the confirmed PurchaseContract or Purchase Order, the buyer may send a letter of complaint.It has to be sent as a registered letter within 7 days after theacceptance of the goods. If the buyer might have detected the visibledefects already during the delivery, he has to claim the defects withthe carrier and has no right to complain about such defects later on.
- The buyer is required to fill out thecorresponding document (e.g. Delivery Note or Takeover Protocol) andreturn it to the Seller within 7 days of accepting the goods.
- In case that defects are hidden and ofsuch a nature that the buyer could not detect them during theacceptance of the goods and in case these defects have been alreadypresent at that time, the buyer is required to send a letter ofcomplaint to the Seller by a registered letter within 7 days afterdiscovering the defect.
- The Seller does not bear anyresponsibility whatsoever for any defects that the Seller isotherwise responsible for and which may become evident 24 monthsafter delivery or 200 hours of operation (whichever expires first).
- The buyer shall present a detaileddescription of all the defects, that have been detected on the goods,and also provide appropriate supporting documents , e.g. in the formof taking photos of them or in any other similar and as objective aspossible manner. The Seller or its authorised representative must begiven all the required opportunities to survey and examine thedefects. The Seller exclusively is responsible for rectification ofthe claimed defects; neither the buyer nor any other third party notauthorised by the Seller in writing have any right to rectify theclaimed defects without prior consent of the Seller.
- The buyer has to confirm the acceptanceof the goods by a written document (Delivery Note or TakeoverProtocol), which shall state one of the following options:
- unconditional acceptance
- acceptance with the description ofdeficiency
- refusal of the acceptance due tothe reasons that have to be described.
8.RETURN OF THE GOODS
- In case of any return of goods, theofficial written document has to be composed and signed by the Selleror its authorised representative as well as by the buyer. Withoutsuch a document any returned goods remain the property of the buyer,the buyer however, is not entitled to a reimbursement of the purchaseprice. The Seller does not assume any responsibility for such goods,neither for the expenses related to the shipment.
- Any return of goods, if approved by theSeller in writing, may after the verification of the qualitative andquantitative status of the returned goods result in the admission ofthe buyer’s right to be reimbursed the purchase price.
- If the Seller discovers that thedelivered goods have visible defects, or in case the delivered goodsare not corresponding to the confirmed purchase order, the buyer hasthe right and is entitled to the cost free substitution of the goods.
- In case the complaint is legitimate,the warrantee period is interrupted until the deficiency isrectified.
- The buyer residing in the EuropeanUnion has the right to the quality guarantee according to the legalregulations being in force in the European Union for all range ofgoods.
- The buyer has the right to the qualityguarantee for ordered products, as confirmed by the Seller, for aperiod of 24 months from the date of delivery or 200 hours ofoperation (whichever expires first). For the buyers who are physicalpersons from EU countries the warranty is in accordance with EUrules.
- The quality guarantee isunconditionally valid from the moment the buyer takes possession ofthe goods.
- If the Seller’s goods turn out to havedefects, the Seller is entitled to rectify the deficiency or to offerthe substitution goods or to offer the reduction of the agreedpurchase price.
- The guarantee is prolonged for thattime within the guarantee period from the date of the approval of thecomplaint until the defect is repaired, wherein the aircraft isnon-functional.
- Cases that exclude the Seller´sguarantee obligations:
- Thequality guarantee applies only to individual components and parts.
- Theguarantee does not apply to damages, resulting from the inappropriateuse of the goods.
- TheSeller is not responsible for losses of profit or some otherfinancial or non-financial damages to the buyer or to any thirdparty.
- The right to the quality guarantee isexcluded in the following cases connected with the handling of thegoods:
- Thegoods are not used according to the Seller’s instructions oraccording to the aircraft’s Handbook;
- Whenthe original spare parts and materials delivered by the Seller arereplaced with non-original parts without the Seller’s priorconsent;
- Anyadditional equipment is built-in without the Seller’s priorconsent;
- Whenthe defect is caused by poor maintenance, an inappropriatemaintenance/service or cleaning or by negligent handling, or it isdue to the use of the goods and its individual parts or components ininadequate operation conditions or it is due to the prolonged use ofthe goods, caused by over-strain, even when it is only of a shortduration, or it is due to the fact that the buyer does not carry outregular check outs and service/maintenance by the Seller nor by itsauthorised expert;
- Theparts that get worn out by normal use, e.g. the covers, pneumatics,electric instruments, electric installation, bonds and bindings,cables, brake plates, condensers, cooling devices, various pipes,sparking-plugs, exhaust systems, etc.;
- Thebuyer has not ensured the regular engine inspections and a regularmaintenance. Some maintenance works that are required by the enginemanufacturer must be carried out at the authorised service centres.
- The buyer’s claims under the right ofrecourse shall never exceed the amount of the purchase price.
- The UL (ultralight) / LSA (light sportaircraft) category is a non-certified aircraft and is not constructedin accordance with the ICAO standards. The same applies also to theproduction processes and to all repairs and maintenance. Thoseproducts are not in conformity with the ICAO’s certificate for thestandardised flight which is currently in force.
- The buyer hereby accepts that the useof the UL / LSA may prove to be perilous, as it may happen that thenavigating of the plane in conditions of the complete control isrendered impossible owing to:
- Incidentalforces of nature or unpredictable meteorological conditions oreffects;
- Defectsin the production or repair (service) processes;
- Suddenbreak down of the engine or a propeller.
- By accepting the goods the buyerassumes the full responsibility for all the risks related to theactive use of the UL / LSA and declares that he will use it at hisown risk and thus excludes any responsibility of the Seller or itsduly authorised representative. In accordance with all stated, thebuyer agrees that neither him nor persons using his plane, nor hisrelatives or his legal representatives would introduce anycompensation claim due to the use of the Seller’ goods. The buyerundertakes that the damage caused to the third party, due to the useof the UL / LSA, is to be paid by the buyer. If the compensationclaims are directed to the Seller the buyer undertakes that he willco-operate in its sorting-out and will indemnify the Seller. Thebuyer also undertakes that the eventual compensation claims, that theSeller would be obliged to pay or which it already paid, are to befully reimbursed to the Seller by the buyer.
- As it is stated in the instructions forthe use of the engine, which is considered on the moment ofacceptance the buyer’s property, there are possibilities of a breakdown or a stoppage of the above-mentioned engine at any time.
- The buyer admits he/she has beeninformed that he should take into account the flight limitationsstated in the instructions to the goods, as well as limitationsdecreed by the regulations for the UL / LSA category of planes. Theuser must, in any case, during the take-off, flight or during anyother activity when navigating the plane take into account andanticipate the possibility of the safe landing also in case of theengine or propeller’s failure.
- The user, who does not take intoaccount this warning and rejects the possibility of landing in goodconditions without the use of the engine, cannot accuse the Sellerfor being responsible for any damage done to the plane or to itsusers or to the third party, regardless of whether these persons werepresent on the plane during the flight or not.
- The buyer waives, releases andrenounces all other warranties, obligations and liabilities of theSeller and acknowledges that the Seller makes no warranty eitherexpress or implied and makes no warranties of merchantability,reliability or accuracy or non-breach of intellectual property rightsor any warranty of fitness for particular purpose.
- The Seller’s sole and exclusivemaximum liability for direct damages, whether based in contract,tort, or otherwise, shall not in any event exceed the purchase priceactually paid by the buyer for the particular goods at issue.
- By accepting the GTC, the buyer acceptsthat the judicial arbitration, concerning the contractualrelationship with the Seller, as outlined in Purchase Contract orPurchase Order, is governed by judicial regulations and substantivelaw of the Czech Republic.
- The applicability of the UN Conventionon the International Sale of Goods (“UNCISG”, “ViennaConvention”) is expressly excluded.
12.EXTRAJUDICIAL SETTLEMENT OF CONSUMER DISPUTES
- In accordance with art. 1820 sec. 1subsec. j) of the Civil Code, the customer may, if he is also aconsumer, demand from the buyer an extrajudicial settlement to settlea complaint about the practice of the buyer of any of his employees.Furthermore, the consumer has the right to use other extrajudiciallegal protection for his rights and complaint submissions. Theselegal remedies are the mediation, pursuant to law No. 202/2012 Coll.Act on Mediation, proceedings pursuant to the Consumer Protection Lawat the Czech Trade Inspection Authority, with its seat at Štěpánská567/15, 120 00 Praha 2, company registration number: 000 20 869,website: http://www.coi.cz.In case of personal data protection and the sending of commercialnotifications, which have not been approved or the consumer did notgive approval for, the consumer may refer to the Office for PersonalData Protection.