Team JAS Document #: TC2.1 (Revision Date: 04/13/2020)
The terms and conditions herein constitute the sole terms and conditions of the sale unless specified in writing by an officer of Team JAS, Inc.
1. Delivery shall be deemed to have been made upon surrender of the goods to the common carrier, from which time all risk of damage and/or loss of goods shall be borne by the Buyer. Team JAS shall be entitled to deliver the goods in one or more consignments. In the absence of specific instructions from Buyer, Team JAS will arrange for shipment by a carrier of its own selection. The Buyer is responsible for all applicable shipping costs, taxes, and customs fees.
2. Title to the goods described on the face hereof shall remain with the Seller until payment in full is received. The Seller may without notice or liability, and without prejudice to any other legal remedies, repossess any goods that have not been paid for. The purchaser agrees to pay the seller the costs of repossession, including reasonable attorney’s fees.
3. In the absence of an agreement to the contrary, payment shall be made in United States currency according to the terms of the sale on the invoices issued to the buyer.
4. Before returning merchandise, the Buyer must notify Team JAS, Inc. of intent, request authorization, and receive instructions for the return. Returns are at buyer’s risk and expense. Returned merchandise must be submitted within 30 days of delivery date and is subject to a 20% restocking charge. Returns are not allowed on special ordered items, AOG items, or electrical items. A copy of the invoice and all original paperwork must accompany all returns.
5. Any claims for shortages must be made within 5 days of receipt of goods.
6. Unless otherwise explicitly stated on the quote, for all exchange purchases, overhaulable cores must be returned to Team JAS within 45 calendar days from the date the Exchange good is shipped. Exchange prices are based on expectancy of returned core’s ability to be overhauled at usual or normal overhaul cost.
a. Cores not received by close of business on day 45 will be subject to an automatic re-bill of the exchange price immediately and every 30 calendar days until one of the three options are satisfied: an acceptable core is received by Team JAS (returned cores are subject to evaluation and depending on condition may incur additional costs – see para. b. below); it is communicated to Team JAS that a core is not able to be returned in which case the customer will immediately be billed a core charge for the non-returned core; or the customer has already been re-billed the exchange price twice whereupon the third automatic re-bill will be the core charge in full. Please note: additional exchange fees billed due to late cores do not count toward core charges or above normal overhaul costs.
b. Cores returned in a condition requiring exceptional repair at higher than normal costs are not considered acceptable. The Buyer will be billed for the difference between the normal cost and actual cost. Cores that are Beyond Economical Repair will result in additional charges being assessed, which will bring total sale price of the item to the Outright Sale price.
7. The buyer will be billed an additional fee if a part is sent in for warranty consideration is rejected; non-approved for warranty work. If said part was originally purchased on an exchange basis, the Buyer will be willed the full exchange price before it is returned to the Buyer. If said part (non-approved warranty) was not originally sold in exchange, the Buyer will be billed for the cost of inspection/testing before the part is returned.
8. Team JAS does not warrant items manufactured or repaired by other organizations. In the event of the failure of such items, Team JAS, Inc. will assist The Buyer in processing any claims arising out of and because of defective items. TEAM JAS MAKES NO OTHER REPRESENTATIONS, GUARANTEES, OR WARRANTIES, EXPRESSED OR IMPLIED. INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TEAM JAS SHALL HAVE NO LIABILITY, UNDER ANY CIRCUMSTANCES, FOR DAMAGES FROM THE LOSS OF USE OR INDIRECT CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND DUE TO ANY SUCH DEFECT OR INADEQUATE WORKMANSHIP BY MANUFACTURER OR REPAIR FACILITY. THE CUSTOMER HEREBY WAIVES ANY RIGHT IT MAY HAVE TO SUCH DAMAGES. TEAM JAS SHALL BEAR NO LIABILITY OF ANY NATURE WHATSOEVER IN RESPECT TO SAID WORK DONE OR TO PARTS PROVIDED BY TEAM JAS, INC. HEREUNDER, WITHOUT LIMITATION. THIS WARRANTY MAY NOT BE EXTENDED OR ALTERED EXCEPT BY AMENDMENT IN WRITING OF THIS AGREEMENT.
9. The sole liability of Seller to Buyer will be limited to the purchase price of goods minus an appropriate deduction for use on a pro-rata basis, or at Seller’s option: replacement with like goods by Seller within a reasonable period.
10. JAS Services, the repair station at TEAM JAS, Inc., represents and warrants that its overhaul and repair services shall be free from defect in workmanship, under normal operating conditions for a period of 6 months, or 600 hours, whichever comes first, commencing from the shipping date of the appliance to the customer. JAS Services does not warrant its workmanship against damage or loss caused by negligence, misuse, modification, misapplication, accident, or effect of environment elements of any part or component. Warranty is automatically voided if seals or lock-wire are missing or broken. Liability on the part of JAS Services as a result of a breach of warranty is limited to the repair or replacement of the defective part(s), and the buyer expressly waives any right it might have to special or consequential damages.
11. Team JAS will only be responsible for delay or non-delivery of goods sold hereunder if such delay shall be due to gross malfeasance of Team JAS.
12. The validity, construction, and performance of this contract shall be governed by the laws of the State of Florida. The purchaser agrees to submit to the jurisdiction of the Florida courts and to accept service of process by registered mail sent to the address of the purchaser indicated on the face hereof.
13. The Buyer is responsible for ensuring that any parts exported from the United States are exported in accordance with the export laws of the United States of America. Any required export licenses or authorizations are the responsibility of The Buyer. The Buyer agrees that reexport or diversion of United States origin products purchased from Team JAS shall not occur except as United States export and munitions control laws allow.