Terms and Conditions of Sale
1. Offer and Governing Provisions. Aviation Direct, LLC (Aviation Direct) is pleased to offer for sale the tools, consumables, equipment, and accessories (collectively the “Product”) found on this website (site) subject to the following terms and conditions. Customer agrees and represents that he is buying the Product for his own use and not for resale. Customer's placement of an order for a Product constitutes Customer's unconditional acceptance of the following terms and conditions. These terms and conditions are subject to change without prior written notice at any time and in Aviation Direct's sole discretion.
2. Personal Use Warranties for Products. Customers buying Product for personal use can obtain the Product warranty information by mailing a written request that includes a description of the Product to:
Aviation Direct, LLC
Consumer Warranty Information
7665 E. Velocity Way # 107
Mesa, AZ 85212
Aviation Direct strongly encourages you to send returns with a tracking number or delivery confirmation number. Aviation Direct recommends that you (1) use a carrier that offers shipment tracking for all returns and (2) either insure your package for safe return to Aviation Direct or declare the full value of the shipment so that you are completely protected if the shipment is lost or damaged in transit. Aviation Direct is not responsible for lost or damaged returns.
If you choose not to (1) use a carrier that offers tracking or (2) insure or declare the full value of the product, you will be responsible for any loss or damage to the product during shipping. Replacement or refund will not be issued unless a valid proof of delivery can be provided.
3. Warranty – Professional Use for Products. Aviation Direct warrants to Customers who purchase Product from this website for use in their profession that Aviation Direct and it’s affiliated brands of Products will be free from defects in workmanship and materials for a duration described in and in accordance with each Product's manufacturer’s warranty. The warranty duration depends upon the nature of the Product. If the Product information for purchased Product does not include a warranty statement with the applicable duration or prior to a Product purchase, Customer can obtain the Product warranty information and warranty duration from an Aviation Direct representative or by writing Aviation Direct at the address provided at the end of this warranty statement. Consumable Products are warranted, at the time of sale, only against defects in workmanship or materials that prevent their use. Consumable products are goods reasonably expected to be used up or damaged during use, including but not limited to drill bits, saw blades, grinding discs, sanding discs, knife blades, files, PPE, and batteries. This warranty only extends to the original Customer and cannot be transferred or assigned.
During the applicable duration of the warranty, at its option, Aviation Direct will repair or replace its Products which fail to give satisfactory service due to defective workmanship or materials, or provide a refund by repaying or crediting Customer with an amount equal to the purchase price of such Products. Repair, replacement or refund shall be at the election and expense of Aviation Direct or it’s affiliates, and is Customer's exclusive remedy in place of all other rights and remedies. To obtain warranty service, return products to Aviation Direct. By repairing or replacing a Product, or providing a refund, Aviation Direct does not waive a claim that a Product nevertheless has been subject to abnormal use.
In addition to any limitations outlined in warranty statements provided with the Product, Aviation Direct does NOT provide any warranty for (1) products subjected to "abnormal use" (2) products that were not purchased from Aviation Direct. Aviation Direct will pass along any warranty provided by affiliated manufacturers of products. "Abnormal use" includes misuse, accident, modification, unreasonable use, abuse, neglect, lack of maintenance, use in product-related service, or use after the product is significantly worn. Abnormal use of tool storage units also includes, without limitation, situations when a unit is pulled using a mechanical vehicle, rolled over large drops, used in a highly corrosive environment, used as a step stool, modified with non-original parts, overloaded or modified in any way.
THE FOREGOING WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES NOT EXPRESSLY SET FORTH HEREIN, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Descriptions of Product contained in this website are for the sole purpose of identifying Product and shall not be construed as an express warranty.
4. LIMITATION OF LIABILITY. AVIATION DIRECT AND ITS AFFILIATED COMPANIES AND THIRD PARTY SUPPLIERS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSSES, COSTS OR DAMAGES INCURRED BY BUYER OR OTHERS, DIRECTLY OR INDIRECTLY ARISING FROM THE SALE, HANDLING OR USE OF THE PRODUCTS, OR FROM ANY OTHER CAUSE WITH RESPECT TO THE PRODUCTS OR THE FOREGOING WARRANTY, WHETHER SUCH CLAIM IS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY IN TORT, NEGLIGENCE OR ANY OTHER LEGAL THEORY (INCLUDING WITHOUT LIMITATION, LOST PROFITS, REVENUES, ANTICIPATED SALES, BUSINESS OPPORTUNITIES, GOODWILL, OR INTERRUPTION OF BUSINESS OR OTHER INJURY OR DAMAGE).
5. Notice of Product Design. Aviation Direct reserves the right to make changes in design or construction at any time without incurring any obligation to incorporate such changes in Product previously sold. Aviation Direct also reserves the right to discontinue the manufacture or offering for sale of any Product at such time to be determined by Aviation Direct in its sole discretion.
6. Tool and Product Dimensions. Dimensions shown on this website have been rounded up to the nearest fractional size or nearest tenth millimeter and are not exact product specifications.
7. Shipping; Title; Risk of Loss. Title to Product will pass from Aviation Direct or Aviation Direct's suppliers to Customer on shipment from Aviation Direct's facilities or other designated third party supplier's facility. Loss or damage that occurs during shipping by a carrier selected by Aviation Direct is Aviation Direct 's or Aviation Direct 's supplier's responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. Aviation Direct reserves the right to make delivery of Product in installments.
In the event the shipment has not been received within 14 days of the billing (hard charge) to the credit card, the customer must contact Aviation Direct so a tracer can be initiated on the shipment. Typically customers receive their parcel post and priority parcel post shipments within 10-14 business days, however parcel post shipments have been documented of up to 6-8 weeks for delivery. Tracers on shipments through the US Postal Service cannot be done until 8 weeks from the shipment date.
8. Returns of Product. Customers may return any Product purchased from this Site for any reason within 30 days of delivery. To return a Product, Customer must call 1-866-993-7455 or email a return request to adi@aviationdirect.com to request a Return Goods Authorization form ("RGA"). The RGA will provide detailed instructions on the return process. Product must be in new, sellable condition when returning for a refund. Any made to print, customized, or “special” tools, tool kits, or consumable products are not returnable. Upon receipt and confirmation of the return by Aviation Direct, Customer's credit card will be credited for the amount of the purchase price of the item and the tax paid by Customer, less shipping charges for the return, except in cases of the wrong Product being shipped by Aviation Direct, or in the case of a damaged or defective Product. In the case of a damaged or defective Product, Customer may choose to have the Product replaced with the identical Product, or if the Product shipped was not the Product ordered by the Customer, Customer may elect to have the correct Product shipped. Only Product purchased from this Site can be returned in this fashion. Aviation Direct requires that you return your Product with prepaid insurance using UPS or Fed Ex. Aviation Direct will not accept returns sent C.O.D. If the Product was damaged in transit, Aviation Direct requests that you hold the Product and original packaging and call the carrier for inspection and pick-up.
Aviation Direct strongly encourages you to send returns with a tracking number or delivery confirmation number. Aviation Direct recommends that you (1) use a carrier that offers shipment tracking for all returns and (2) either insure your package for safe return to Aviation Direct or declare the full value of the shipment so that you are completely protected if the shipment is lost or damaged in transit. Aviation Direct is not responsible for lost or damaged returns.
If you choose not to (1) use a carrier that offers tracking or (2) insure or declare the full value of the product, you will be responsible for any loss or damage to the product during shipping. Replacement or refund will not be issued unless a valid proof of delivery can be provided.
Refunds will only be issued to the credit card used for the original purchase. In the event that card is no longer active, a refund will be issued via check.
9. Delay. Aviation Direct and its affiliates and third party suppliers shall not be liable for any damage as a result of any delay or failure to deliver due to any cause beyond Aviation Direct's or its third party supplier's reasonable control, including, without limitation, any act of God, act of Customer, embargo or other governmental act, regulation or request, fire, accident, strike, slowdown, war, riot, delay in transportation, or inability to obtain necessary labor, materials or manufacturing facilities. In the event of any such delay, the date of delivery shall be extended for a period equal to the time lost because of the delay. Customer's exclusive remedy for other delays and for Aviation Direct”s or its third party supplier's inability to deliver for any reason shall be rescission of the sale of Product.
10. Governing Laws. These terms and conditions, and use of this website, shall be governed by and construed in accordance with the laws of the State of Arizona, without reference to principles of conflicts of laws. The rights and obligations of the parties hereunder shall not be governed by the 1980 U.N. Convention on Contracts for the International Sale of Goods. Any provision which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability of such provision in any other jurisdiction.