OH-58 Upper Cowling Assy

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TERMS AND CONDITIONS OF SALE

1. ACCEPTANCE: a. By Purchasing or Bidding on this item, you (the Buyer) expressly agree to be bound by these Terms and Conditions and further acknowledge and agree that no other terms and conditions, whether additional or different, written or oral, shall govern this transaction to include any other signed document(s), purchase order acknowledgement(s), agreement(s), email agreement(s) or acknowledgement(s), Mobile-to Mobile Messages, or similar, and any other general communiqué (verbal and/or written). The Seller hereby objects to any and all attempts on the part of you, the Buyer, or anyone else, to incorporate any additional or different terms and conditions, whether written or oral. These Terms and Conditions constitute the entire agreement between Buyer and the Seller with respect to the product(s)/Item(s) and/or service(s) sold hereunder, and supersede any prior and/or contemporaneous agreements and representations, oral or written, and all other communications between Buyer and Seller relating thereto.
2. PRICES: a. Prices are stated in United States Dollars, exclusive of sales, use‚ excise, imposts, or similar taxes, and are subject to any price adjustment necessitated by Seller’s compliance with any act of government. b. Unless otherwise stated, prices also do not include cartage, insurance, or other similar charges.
3. DELIVERY/SHIPPING: a. For all U.S. domestic sales, delivery terms are F.O.B. Origin (Seller’s or Seller’s supplier warehouse dock, or similar), as defined in the U.S. Uniform Commercial Code, unless otherwise specified in writing by Seller. b. For all international sales delivery terms are Ex-Works (Seller’s or Seller’s supplier warehouse dock, or similar), as defined by the International Chamber of Commerce and published in Incoterms 2020.   
   c. Upon pick up/or shipment of Item(s), Title and risk of loss on any Item(s) passes to Buyer when Seller delivers the Item(s) to the designated carrier.
   d. Seller reserves the right to choose the carrier when an export license is required, in order to ensure compliance with applicable provisions of said license.  
4. INSURANCE CLAUSE & LIABILITY WAIVER:
   a. It is the standard practice of Seller that all shipments be shipped on the Buyer’s account, but any Item(s) may be shipped on Seller’s shipping account in certain instances.  
   b. The Seller makes no guarantee of any shipping insurance being placed on any Item(s). The Buyer is ultimately responsible for placing insurance on Item(s) purchased and shipped. 
   c. The Buyer is ultimately responsible for verifying insurance on Item(s) purchased is in place.
   d. The Seller (Seller’s agent, admin, salesperson, etc.) can advise, and assist in making insurance arrangements on behalf of the Buyer, but the ultimate responsibility falls on the Buyer as it relates to placing insurance on any Item(s) shipped in the event of claim. 
   e. The Buyer also agrees to assume any and all liability and risks which may arise from any insured or non-insured shipment. Further, the Buyer agrees on behalf of itself and its successors and assigns to indemnify, hold harmless and release Dakota Air Parts Intl., Inc., its directors, officers, employees and agents, from any responsibility or liability for any and all damage or loss that may result from the non-insured or insured shipment. 
5. LIMITED WARRANTIES: 
   a. Seller offers the above Item(s) in "AS IS, WHERE IS" condition only. 
   b. Seller makes no express or implied warranties, including, without limitation, warranties of merchantability and of fitness for a particular purpose and expressly disclaims same; and Buyer waives same. 
   c. Item(s) listed may not currently be certified for use on U.S. F.A.A. Registered, or other aviation authority registered, Aircraft. Buyer warrants and guarantees that these Item(s) will not be used, offered for sale, or sold for use on civilian aircraft, unless proper certification is obtained from the appropriate regulatory agencies.
   d. The limited warranties applying to the Item(s) list herein are those which may be offered by the manufacturer or overhaul facility only. 
   e. The seller does not offer any warranty on any Item(s) sold.
   f. Buyer acknowledges that Seller expressly disclaims any responsibility for special or consequential damages arising out of the use of these Item(s).  
6. INDEPENDENT CONTRACTOR:
   a. Buyer and Seller shall act at all times as independent contractors, and nothing contained herein shall be constructed to create the relationship of principal and agent, or employee between Buyer and Seller. It is mutually understood and agreed that personnel assigned to perform services hereunder are solely the employees, agents or subcontractors of Seller.
7. SERVERABILITY: 
   a. If a court having competent jurisdiction declares any provision of this Agreement invalid or unenforceable, it is mutually agreed that this Agreement shall endure except for the part declared invalid or unenforceable by order of such court. The parties shall consult and use their best efforts to agree upon a valid and enforceable provision that shall be a reasonable substitute for such invalid or unenforceable provision in light of the intent of this Agreement.
8. FORCE MAJEURE: 
   a. Seller 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 Seller’s reasonable control.
9. APPLICABLE LAW: 
   a. Interpretation and construction of this Sales Order are governed by and shall be construed in accordance with the laws of North Dakota, United States of America.
   b. The Parties/Signatories submit all their disputes arising out of or in connection with this Purchase Order to the exclusive jurisdiction of the Courts of the State of North Dakota, County of Cass, the City of Fargo only. 
10. ENTIRE AGREEMENT: 
    a. This Agreement represents the entire agreement of the parties and all proposals‚ negotiations‚ representations, or agreements made or entered into prior to or contemporaneously with this Agreement‚ whether verbal or written‚ are cancelled and superseded by this Agreement.
11. EXPORT/IMPORT REQUIREMENTS: 
     a. *Notice of Munitions List Items:* Unless otherwise noted, this sale may include Munitions List Items (MLI), or Commerce Controlled List Items (CCLI). MLI / CCLI property is controlled by the U.S. Government, and in many cases can not be transferred, (exported, sold, or given), to a foreign country, a non- U.S. Citizen / National, or a non-permanent U.S. Resident, without a valid State / Commerce Department Export authorization. It is the responsibility of YOU (the Purchaser), to determine what applicable requirements may be, and to obtain all necessary authorizations, licenses, or approvals. The use, disposition, export, and re-export of the property covered or included in this sales order, is subject to the provisions of law referenced in the End-User Certificate DLA form 1822, December 2019. Including, but not limited to, the Arms Export Control Act (22 USC 2751 et seq.); Export Administration Act 1979 ( 50 USC App. 2041 et seq.); as contained under Executive Order 12924; International Traffic in Arms Regulations (22 CFR 120 et seq.); Export Administration Regulations (15 CFR 730 et seq.); Foreign Assets Control Regulations (31 CFR 500 et seq.); and the Espionage Act ( 18 USC 793 et seq.) By accepting delivery of this material YOU (i.e. the Purchaser), hereby represent and warrant that you are not an Embassy, or any Agency, or Subdivision of a Foreign Government. You must provide to US ( i.e. the Seller), a copy of the State / Commerce Department Export License, or License Number, which allows you to receive and export the material that is the subject of this sale. 
    
    

END USER CERTIFICATION WILL BE REQUIRED AT TIME OF PURCHASE
*** THIS FORM MUST BE COMPLETED IN ORDER TO PROCESS YOUR PURCHASE ORDER ***

It is Dakota Air Parts Intl., Inc. policy to verify the end use and end user in all product sales to ensure compliance with applicable U.S. export control laws and regulations. Because the products you are purchasing may be exported and used outside the United States, please confirm the following:

1. I (We) will not export or re-export any Dakota Air Parts Intl. Inc products, technology or software to any other country unless authorized by the U.S. Government.
2. I (We) will not sell, transfer, export or re-export any products for use in activities, which involve the development, production use or stockpiling of nuclear, chemical or biological weapons or missiles, nor use products in any facilities which engage in activities relating to such weapons. 
3. I (We) acknowledge that U.S. law prohibits the sale, transfer, export, or re-export or other participation in any transaction involving products with individuals or companies listed in the U.S. Commerce Department's table of Denial Orders, the U.S. Department of State's list of individuals debarred from receiving Munitions List items or other entity lists published by agencies of the U.S. Government.  
4. I (We) will abide by all applicable U.S. export control laws and regulations for any products purchased from Dakota Air Parts Intl., Inc and will obtain any licenses or prior approvals required by the U.S. Government prior to export or re-export of products, software or technology. 
5. I (We) agree that all the export control requirements in No. 1-4 above shall survive the completion, early termination, cancellation or expiration of the applicable purchase order, agreement or contract. 

About Dakota Air Parts Int'l., Inc.

Dakota Air Parts and its Strategic Partners specialize in buying, selling and support of rotor-wing and fixed-wing aircraft, turbine engines, and parts - OEM & aftermarket. Platforms supported by Dakota includes: UH-1, AH-1, OH-58, CH-47, UH-60, Bell 205/212/412, MD 500 series, Honeywell T53 & T55, General Electric J85, and Rolls-Royce M250. Dakota is a US Department of State and ATF registered exporter/importer and frequently purchases aircraft and inventories worldwide - military and commercial.
For more information visit us at www.DakotaAirParts.com.