Terms & Conditions
Important!
Some of the products available for sale will require suitably qualified personnel to install by Australian Civil Aviation law. It is the customers responsibility do their own due diligence to understand what these requirements are. See our Avionics Products OTC Sales Policy Below
By utilizing this website, the user (hereinafter referred to as “User” or “you”), agrees to the following terms and conditions. (hereinafter “this website”).
USE OF THIS WEBSITE
Subject to the terms of this Agreement, this website extends to you a revocable, non-transferable, non-exclusive limited license to use those portions of the Web Site, to which you are extended access but only for your own personal, non-commercial use and not for any use of behalf of any third party. Use of the Web Site, is intended only for citizens or residents of Australia. By using this website you are certifying that you are at least 18 years of age and not under any legal disability. Except as expressly set forth in this Agreement, you may not modify, copy, distribute, disclose, retransmit, sell, publish, broadcast, or circulate this Web site, or any portion of it (including, but not limited to, any download or printed copies made from it) without this website ‘s prior written consent. this website has the right, at any time without notice, to: (i) revoke or limit your license to use the Web Site (or any portion of it); and (ii) change or discontinue providing the Web Site (or any portion thereof). this website has no obligation to update the Web Site or to correct any errors or omissions that might be contained in it.
OWNERSHIP AND COPYRIGHT
You acknowledge and agree that this Web Site and the information contained in or associated with it are owned by this website and are protected by Australian and international copyright and other intellectual property laws. You further acknowledge and agree that the Web Site contains certain proprietary data and information of this website and that you will not use this data or information for any unlawful or unauthorized purpose, and that you will use reasonable efforts to protect them from illicit distribution or use.
TRADEMARKS
This website and the use of this website’s Design logo(s) are registered marks of this website . You will not use or allow any third party to use any marks, including but not limited to the foregoing, without this website’s prior written consent.
DISCLAIMER OF WARRANTIES
THIS WEBSITE IS PROVIDED “AS IS” WITH ALL FAULTS, YOU ACCEPT ALL RISKS KNOWN AND UNKNOWN, OF ANY SUCH FAULTS. this website DISCLAIMS ALL WARRANTIES OF ANY KIND REGARDING THE WEB SITE, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OWNERSHIP, NONINFRIGEMENT, ACCURACY OF INFORMATIONAL CONTENT, AND ABSENCE OF VIRUSES AND DAMAGING OR DISABLING CODE. this website DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE WEB SITE.
Privacy Policy The Privacy Policy contained elsewhere on this website is incorporated herein by reference.
LIMITATION OF LIABILITY
This website SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT, THE WEB SITE, THE USE OF, OR RELIANCE ON, OR ANY OTHER MATERIAL OF ANY NATURE WHATSOEVER FURNISHED BY this website , THE WEB SITE WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEPT TO THE EXTENT SUCH DAMAGES ARISE DIRECTLY FROM A WILLFUL BREACH BY this website (OR THAT PERSON) OF ANY OF ITS EXPRESS OBLIGATIONS UNDER THIS AGREEMENT. THE AGGREGATE LIABILITY OF this website ARISING FROM OR RELATING TO THIS AGREEMENT, THE WEB SITE, AND THE USE OF, OR RELIANCE ON, THIS WEB SITE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL BE LIMITED TO ACTUAL DIRECT DAMAGES THAT CAN BE FINALLY PROVED IN A COURT OF COMPETENT JURISIDCTION, AND IN ALL CIRCUMSTANCES, TO AN AMOUNT NOT TO EXCEED FIFTY DOLLARS. This website SHALL NOT BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE FOREGOING, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EVEN IF this website HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless this website , and its officers, agents, and affiliates from and against any and all claims, liabilities, losses, costs (including, but not limited to, reasonable attorneys’ fees), and/or damages of any kind arising from or relating to: (i) your use of the Web Site; (ii) your breach of this Agreement; and (iii) any information or materials, uploaded, published, transmitted or received by you in connection with the Web Site.
ELECTRONIC SIGNATURE
You agree that your electronic signature hereon shall be as valid and enforceable for all purposes as an original signature. You also agree that any agent or representative who electronically signs your electronic signature is your duly authorized agent or representative with full power and authority to bind you thereby.
ENTIRE AGREEMENT
This Agreement shall constitute the entire agreement between you and this website regarding the subject matter hereof and shall supersede any and all prior negotiations, representations, warranties, undertakings, or agreements, written or oral, between the parties regarding such subject matter.
SEVERABILITY
To the maximum extent possible, each provision in this Agreement shall be interpreted in such matter as to be valid and enforceable under applicable law. If any provision of this Agreement is held to be invalid or unenforceable under applicable law, such provision shall be modified so as to be rendered, valid and enforceable while implementing, to the maximum extent possible, the original intent of such provision. If such modification is not possible or allowed, then such provision shall be ineffective only to the extent of such unenforceability or invalidity without affecting the remainder of such provision or any other provisions in this Agreement
ADDITIONAL POLICIES
RETURNS POLICY
Should you need to return a product due to an error Pacific Avionics has made such as the incorrect item or a faulty/defective item, Pacific Avionics will cover the return shipping. Please contact sales@pacificavionics.com.au for authorization and shipping instructions. Express or expedited return shipping will not be covered or refunded unless approved in advance.
Return goods must be first authorized by Pacific Avionics. Contact sales@pacificavionics.com.au for return authorization of the goods, a return authorization number will be provided by the team if accepted. Please ensure the return authorization number is attached to the outside of the box, or the authorization letter included inside the package.
The customer is responsible for all return shipping charges. The customer is responsible for any addition taxes or duties incurred due to the return. For items purchased and shipped with free shipping offers or deals the cost of the shipping will be deducted from the refund.
A restocking fee of 15% will be charged for all returned stock items.
No returns will be accepted after 30 days from the date of shipment.
All special orders and clearance item sales are final.
Refunds will be issued in the original form of payment only. Cash purchases will be refunded in the form of a cheque. Credit card refunds will be issued to the same credit card used on the original order.
The Pacific Avionics’ Return Policy only applies to new equipment which has been unopened and in original packaging. Equipment which has been used or removed from packaging is considered Used and are no longer eligible for return.
EXCHANGES POLICY
For stock items which are defective, Pacific Avionics will exchange with the same item at no charge within 30 days of purchase. Under all other circumstances Pacific Avionics will repair or replace defective or faulty items in accordance with the manufacturers warranty. Defective products covered under warranty must first be returned at the customers expense (including shipping, duties and taxes as applicable) to Pacific Avionics before the replacement items will be shipped. Pacific Avionics will cover shipping charges of the exchange items. Express or expedited shipping charges are the customer’s responsibility.
USED, REFURBISHED AND SERVICEABLE EQUIPMENT SALE POLICY
Returns: Used, refurbished & serviceable equipment (non “NEW” items sold) are non-refundable. Pacific Avionics’ Return Policy only applies to NEW equipment.
Limited Warranty of used, refurbished & serviceable equipment is provided by Pacific Avionics for 90 days from the date of shipment and must be inspected and fault confirmed by Pacific Avionics before a refund or replacement can be authorized. Pacific Avionics reserves the right to either replace or refund the defective item. Should no fault be found, the cost of shipping to and from Pacific Avionics will be the customers responsibility including any incurred duties and taxes.
AVIONICS PRODUCTS OTC (Over the Counter) SALES POLICY
Before purchasing any avionics products over the counter, or online at Pacific Avionics it is the customers responsibility to ensure the suitability and compatibility of that product for their application and/or aircraft. Pacific Avionics recommends that the customer thoroughly reads all installation and operation documentation to understand the scope of work required to integrate those products on offer. Where Pacific Avionics provides advice it is general in nature only and does not take into account the customers specific situation or application.