Kell-Strom Tool CO, INC. Stand

Seller's Terms & Conditions

By bidding on this material the Buyer, hereby agrees to all terms and conditions of the Seller.

SOLD “AS IS - WHERE IS”

The Buyer understands that the Goods contain used material and agree that the Goods are purchased “AS-IS, WHERE-IS.” and with “NO RETURNS”. Unless otherwise prohibited by law, Buyers agree that:

1. Part Numbers, Description, Quantities, Conditions, etc. are listed as true to the best of the Seller's knowledge.
   

2. No guarantees are to be made by the Seller regarding the accuracy of the items listed.
   

3. The 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 the Buyer waives same.

4. The Seller disclaims all legal responsibility for product defects that might cause harm.
   

5. The Seller shall not be liable for any general, consequential or incidental damages, including, without limitation, any damages for loss of use, loss of profits or diminution of market value, and the Seller shall not be liable for any damages claimed by the Buyer or any other person or entity upon the theories of negligence or strict liability in tort.
   

6. If the Goods should for any reason prove to be defective, the Buyer assumes all costs for servicing and repair of such defect(s).
   

7. The Buyer assumes all risks as to the quality and performance of the Goods. There are no warranties that extend beyond the description of the face hereof.
   

8. The Buyer acknowledges that the Seller expressly disclaims any responsibility for special or consequential damages arising out of the use of the material(s) and related equipment after the date of shipment to the Buyer.
   

9. If Goods is (are) to be exported (out of the U.S.), it is the Buyer’s responsibility to follow proper export procedures.

INSPECTION OF GOODS

The Goods for sale on this sale is intended to be descriptive, not comprehensive, and may or may not be 100% accurate. Buyers are advised to inspect the Goods prior to submitting their bid(s) to determine completeness and accuracy. Buyers are deemed to have made the appropriate inspection of the Goods and their bid response is based on their knowledge of the condition of the Goods. Visitation of the Seller’s facility is by appointment only and is subject to the approval of the Seller. Appointments are to be made two (2) business days in advance.

INDEMNITY

The Buyer will indemnify and hold the Seller (our affiliates and subsidiaries and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of our Services or our Site or your breach of any law or the rights of a third party. 

PAYMENT TERMS

By bidding on this material the Buyer, hereby agrees to the Seller’s payment terms and conditions.  All invoices shall be paid to the seller within 48 hours of the invoice date. The Buyer can pay the Seller via PayPal. The Buyer can also pay the Seller via Credit Card through PayPal no PayPal account or login required. 

SHIPPING CLAUSE & LIABILITY WAIVER

The Buyer is responsible for all shipping and handling fees. All orders will be shipped via UPS Ground unless otherwise specified by the Buyer during the payment process. Shipping & handling fees of oversize items will be determined during the payment process. The item(s) of this sale may be shipped without insurance if the Buyer expressly requests this during the payment process. 

The Buyer assumes any and all liability and risks which may arise from any shipments. Further, the Buyer agrees on behalf of itself and its successors and assigns to indemnify, hold harmless and release the Seller its directors, officers, employees and agents, from any responsibility or liability for any and all damage or loss that may result during the shipping process.

EXPORT NOTICE FOR MUNITIONS LIST ITEMS

*Notice* Unless otherwise noted, this sale may include Munitions List Items (MLI), or Commerce Controlled List Items (CCLI). MLI and CCLI items cannot and will not be sold, or shipped outside the United States of America.

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 the Buyer, 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, January 2013. 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 bidding on this material the Buyer, hereby represent and warrant that you are not an Embassy, or any Agency, or Subdivision of a Foreign Government. Upon purchasing the Buyer must provide to the Seller, a copy of the State / Commerce Department Export License which allows you to receive and export/import the material that is the subject of this sale. Parts listed may not currently be certified for use on F.A.A. Registered Aircraft. The Buyer warrants and guarantees that these parts will not be used, offered for sale, or sold for use on civilian aircraft, unless proper certification is obtained from the regulatory agencies. Further, the Buyer agrees NOT to hold the Seller liable for anything i.e. suits, claims, or actions.

It is Dakota Air Parts Int'l., Inc. policy to verify the 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 Int'l., 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 transactions 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 Int'l., 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 or cancellation of the 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.