Terms of service

General Terms and Conditions of Sale

Goods and services sold by marsh brothers aviation inc. (“seller”) are expressly subject to the terms and conditions stated below. buyers acceptance of shipment or performance and/or payment for goods or services constitutes acceptance of sellers terms and conditions.

1. Price

2. Payment

(b) Seller reserves the right to request additional forms of identification to confirm validity of the card holder.

(c) Seller accepts online payment systems including PayPal via our website only provided that the shipping address is a PayPal confirmed address. Orders paid for via PayPal cannot be combined with other payment methods. Orders paid for via PayPal cannot be modified after payment has been made. To modify orders paid for via PayPal, the order must be cancelled and a new order placed.

(d) Buyer agrees to hold Seller harmless for any costs incurred by Seller due to over limit or insufficient funds as assessed by Sellers credit card company or bank.

3. Shipping and Delivery

(a) Free shipping. Seller offers free shipping on Qualifying Orders pursuant to subsection 3(b) below.

(b) Qualifying orders. Orders greater than $250 USD and with a destination address within Canada and the continental United States of America qualify for free shipping via FedEx Economy.

(c) International shipping. The shipment of Goods to destinations outside of Canada and the continental United States of America are considered international shipments. All freight, shipping, duties, value-added or similar taxes and customs charges are the responsibility of the Buyer for international shipments. Buyer may specify shipping method for international orders. If Buyer does not specify shipping method, default shipping method is FedEx International Priority.

(d) Force Majeure. This Purchase is subject to and the Seller shall not be responsible or liable for delay, non-delivery and/or default directly or indirectly resulting from and/or contributed to, in whole or in part, by any foreign or domestic embargoes, seizures, acts of God, insurrections, war and/or continuance of war, or the adoption or enactment of any law, ordinance, regulation, ruling or order directly or indirectly interfering with or rendering more burdensome the production, delivery or payment hereunder, also lack of the usual means of transportation, fires, floods, explosions, strikes or other accidents or contingencies beyond the Seller’s control, either of the foregoing nature or of any other kind, nature or description considered as “Force Majeure” in the Seller’s or its suppliers’ plants or elsewhere otherwise affecting transportation or production of the Goods or any parts used in or in connection with its production. In the event that any one or more deliveries hereunder is suspended or delayed by reason of any one or more of the occurrences or contingencies, as aforesaid, other than the Seller’s own negligence, any and all deliveries so suspended or delayed shall be made after such disabilities have ceased to exist and nothing herein contained shall be construed as lessening in any event the full amount of the Goods herein purchased and sold, but only as deferring delivery and payment in the events and to the extent herein provided for.

(e) Inspection. Upon the arrival of the Goods at the Buyer’s place of business or elsewhere as directed by the Buyer, the Buyer shall have the privilege of examining and inspecting the Goods before accepting delivery. Such inspection shall be made within 7 days after the arrival of such Goods at their destination.

(f) Acceptance. The Buyer agrees that if it retains the Goods in its possession or control for a period in excess of 7 days after delivery this shall automatically constitute and be deemed an irrevocable acceptance by the Buyer of the Goods and the delivery thereof, and a waiver by it of any and all claims that the Goods do not conform to this Purchase, unless the Buyer notifies the Seller in writing of any defect or non-conformity pursuant to Subsection 4(a), below. The Buyer agrees that if it so accepts the Goods under this Purchase, such acceptance satisfies all of the Seller’s obligations and after acceptance the Buyer shall have no remedy against the Seller whatsoever, nor may the Buyer revoke its acceptance for any reason whatsoever.

 4. Return Policy

(a) Notification. Pursuant to Subsection 3(e) above, if the Buyer discovers that any of the Goods delivered are defective in material or do not comply with the requirements of this Purchase, the Buyer shall notify the Seller of such discovery with sufficient detail, either for a return of such Goods or for a reduction in the agreed price of the Goods. In the event that the Buyer fails to make such claim within the time specified, the Buyer shall be liable for the payment of the full amount of the agreed price for the Goods so delivered. Notification shall be sent to the Sellers Customer Service.

(b) Return shipment. No returns shall be accepted after 30 days from the date of delivery. All return shipments require an RMA (Return Material Authorization) number, obtained from the Sellers Customer Service. Items that have been installed are not eligible for return. The return shipment, if any, is to be made by the Buyer to the Sellers business address. The Buyer shall be responsible for all return shipment costs inclusive of shipping, freight, duties and similar customs charges, unless otherwise agreed to.

(c) Restocking fee. Returns are subject to a restocking fee based on 15% of the selling price, or a minimum charge of $50 USD. At the Sellers discretion, the restocking fee may be applied under the following conditions; returned Goods are shipped without an RMA number, or returned Goods are shipped without original documentation (i.e., Form One, C-of-C, shop report, etc.), or returned Goods are not shipped in the original Sellers packaging.

(d) Return Exceptions. Returns shall not be accepted if; Kits are missing parts, parts have been modified, altered or damaged in any way, or parts have been installed.

 5. Limited Warranty and liability

(a) Basic Terms. The Seller provides a limited Warranty on the Goods of its own manufacture sold by it to the Buyer thereof, against defects of material and workmanship.

(b) Coverage. This Limited Warranty covers the repair or replacement or the refund of the purchase price, as the Seller may elect, of any defective products regarding which, upon discovery of the defect, the Buyer has given immediate written notice pursuant to Subsection 4(a) above. The Seller does NOT warrant the merchantability of its product and does NOT make any warranty express or implied other than the warranty contained herein.

(c) Third Party Products. Accessories, equipment and parts not manufactured by the Seller are warranted/guaranteed only to the extent and in the manner warranted and guaranteed to the Seller by the original manufacturer, and only to the extent the Seller is able to enforce such warranty or guarantee.

(d) Limited Liability. The Seller’s liability for any and all claims, damages, losses and injuries arising out of or relating to its performance or breach of any Sale of Goods and the manufacture, sale, delivery, re-sale, repair, or use of any Goods, shall NOT exceed the Buyer's purchase price of such Goods. The Buyer’s remedy shall be at the Seller’s option, the replacement or repair of the Goods. This shall be the Buyer’s sole, exclusive and only remedy against the Seller. in no event shall the seller be liable for incidental, special or consequential damages, including but not limited to loss of profits, business, goodwill incurring of machinery downtime, destruction or loss of any capital goods, liability for personal injury, death, property damage and any other type of damages whether similar to or different from this listing.

(e) Exclusions. The Seller shall, as to each defect, be relieved of all obligations and liability under this Limited Warranty if:

1. The Goods are operated with any accessory, equipment or part not specifically approved by the Seller and not manufactured by the Seller or to the Seller’s design and specifications, unless the Buyer furnishes reasonable evidence that such installation was not a cause of the defect; provided, that this provision shall not apply to any accessory, equipment or part, the use of which does not affect the safety of the Goods.
2. The Goods shall not be operated or maintained in accordance with the Seller’s written instructions furnished under this Purchase, unless the Buyer furnishes reasonable evidence that such operation or maintenance was not a cause of the defect.
3. The Goods shall not be operated under normal industry use, unless the Buyer furnishes reasonable evidence that such operation was not a cause of the defect.
4. The Goods shall have been repaired, altered or modified without the Seller’s approval or, if the Goods shall have been operated subsequent to involvement in an accident or breakdown, unless the Buyer furnishes reasonable evidence that such repair, alteration, modification, operation, accident or breakdown was not a cause of the defect; provided, however, that this limitation insofar as it relates to repairs, accidents and breakdowns, shall NOT be applicable to routine repairs or replacements or minor accidents or minor breakdowns which normally occur in the operation of a machine, if such repairs or replacements are made with suitable materials and according to standard practice and engineering.
5. The Buyer does not submit reasonable proof to the Seller that the defect is due to a material embraced within the Seller’s Limited Warranty hereunder.