TERMS AND CONDITIONS
Legal Disclaimer
Desert Jet Aviation reserves the right to amend, update, or modify the Terms and Conditions at any time, with such changes becoming effective once communicated in writing or published on official channels. No oral statements, prior communications, or external documents shall override these Terms unless expressly confirmed in writing by Desert Jet Aviation.
While Desert Jet Aviation exercises the highest standards of care, it does not accept liability for indirect, incidental, or consequential losses, except as expressly provided under Saudi law and these Terms. All obligations are subject to compliance with applicable aviation regulations, export/import laws, and force majeure events beyond reasonable control.
By proceeding with a purchase, lease, or service agreement, the Buyer accepts this disclaimer and the binding effect of Desert Jet Aviations’ Terms and Conditions.
General Terms and Conditions
Article 1 – Scope
1.1 These terms apply to all sales, supply, repair, or service contracts unless expressly agreed otherwise in writing.
1.2 Buyer’s own purchase, sale, or delivery terms apply only if specifically accepted in writing by Desert Jet Aviation for the relevant contract.
1.3 Product information, catalogues, or price lists are binding only if expressly included in the contract.
Article 2 – Quotations and Orders
2.1 Unless declared binding for a fixed period, quotations may be withdrawn by Desert Jet Aviation until unconditional acceptance is received.
2.2 Quotations automatically expire thirty (30) days from their issue date unless otherwise stated.
2.3 Delivery commitments are binding only when confirmed in writing by Desert Jet Aviation.
2.4 The company is not responsible for losses or damages, including indirect or consequential, caused by delays, errors, or failures in communication by fax, email, or other means.
Article 3 – Licences, Approvals, and Export Controls
3.1 Desert Jet Aviation is not responsible for securing import/export licenses or official approvals.
3.2 Unless agreed otherwise in writing, the Buyer must:
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3.2.1 Obtain and pay for all import licences and approvals required in the receiving country.
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3.2.2 Bear all costs for entry into the receiving country and any transit costs.
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Article 4 – Prices
4.1 Prices may be adjusted if purchase costs or currency exchange rates change between quotation and delivery. Unless otherwise agreed, prices are EXW Work under Incoterms 2010 and shall be specified in the official quote. Freight, insurance, and packing costs are paid by the Buyer.
4.2 Unless otherwise agreed in writing, no minimum value is required
4.3 Standard packaging is free; special packaging is charged to the Buyer. Hazardous material (HAZMAT) packing is charged at USD100 per box, with additional charges for special packing if required.
4.4 Same-day/AOG (Aircraft on Ground) shipments placed after 12:00 PM or outside normal hours incur an AOG fee of USD 400
4.5 AOG HAZMAT orders placed after 12:00 PM incur an additional USD300 fee.
4.6 HAZMAT shipments outside business hours or on holidays are available only upon request and require certified staff.
Article 5 – Payment
5.1 Unless agreed otherwise, payment is due within thirty (30) days of the invoice date.
5.2 Payment must be made via bank transfer to the account listed on the invoice. All transfer fees are borne by the Buyer.
5.3 Late payments will incur penalty interest of 2% per month from the due date.
5.4 Goods remain the property of Desert Jet Aviation until fully paid.
Article 6 – Delivery and Risk Transfer
6.1 Delivery is Ex-Works unless otherwise agreed in writing. Buyer is responsible for insurance and bears risk of loss or damage once goods leave the warehouse.
6.2 Delivery times are extended in case of force majeure or Buyer’s delays, even if the delay arises after the original delivery date.
6.3 Desert Jet Aviation may deliver goods in partial shipments.
6.4 If the Buyer provides no instructions on transport, Desert Jet Aviation may choose the method at Buyer’s cost and risk.
6.5 If the Buyer fails to accept delivery, payment is still due as if delivery occurred. Desert Jet Aviation may store goods at Buyer’s cost and risk, and insure them at Buyer’s expense if requested and prepaid.
Article 7 – Cancellation
7.1 A purchase contract may only be cancelled with Desert Jet Aviation’s prior written consent.
7.2 Custom-made or non-stock goods cannot be cancelled.
7.2.1 If Desert Jet Aviation accepts a cancellation, the Buyer must compensate all related costs plus a cancellation fee (minimum USD700).
Article 8 – Returns
8.1 Returns require prior written consent.
8.2 Approved returns are subject to restocking fees set by Desert Jet Aviation, minimum USD/EUR 500 or 15% of the total value of the invoice
8.3 Returns are at Buyer’s cost and risk.
8.4 Returned goods are credited at the invoiced amount minus restocking and related costs.
Article 9 – Buyer Default
9.1 Desert Jet Aviation may delay or cancel deliveries if the Buyer delays payment, suspends payment, becomes insolvent, or shows signs of financial instability.
Article 10 – Inspection and Complaints
10.1 Buyer must register complaints about visible defects immediately, no later than two (2) weeks after delivery.
10.2 Buyer must thoroughly inspect goods upon delivery; detectable defects cannot later be claimed.
10.3 Buyer loses the right to claim defects if notice is not given promptly in writing.
10.3.1 Remedies for defects are limited to replacement, repair, or refund of defective goods.
Article 11 – Warranty and Remedies
11.1 Warranty periods:
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Factory New: 12 months
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Overhauled: 6 months
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Repaired/Serviceable: 3 months
11.2 Defects must be reported in writing within the warranty period, no later than 30 days after expiry. Claims must include proof and exclude normal wear, misuse, or poor maintenance.
11.3 Remedy is limited to repair or replacement of the defective part, with return shipping at Buyer’s cost. Confirmed defects entitle the Buyer to reimbursement of inbound freight. Return shipping of replacements is at Desert Jet Aviation’s expense.
11.4 Warranties are exclusive. All other warranties or liabilities (implied or statutory) are waived. Desert Jet Aviation is not liable for consequential damages, including lost profits or use.
11.5 Delays caused by force majeure events (war, strikes, natural disasters, shortages, etc.) excuse performance.
Article 12 – Liability
12.1 Seller is liable for personal injury only if directly caused by proven negligence.
12.2 Seller is not liable for property damage once goods are in Buyer’s possession.
12.3 Seller is not liable for indirect or consequential losses, including lost profits.
12.4 Buyer must indemnify Seller against third-party claims exceeding these liability limits.
12.5 Any third-party claim must be promptly notified to the other party.
Article 13 – Buyer’s Goods for Repair
13.1 Goods belonging to the Buyer and sent for repair remain at the Buyer’s risk and are not covered by Seller’s insurance.
Article 14 – Force Majeure (Grounds for Relief)
14.1 Events beyond control, including industrial disputes, war, requisition, seizure, restrictions, shortages, or sub-supplier delays, excuse performance.
14.2 The party claiming relief must notify the other in writing without delay. If Buyer cannot perform obligations, Buyer must cover Seller’s storage and protection costs.
14.3 Either party may terminate if such events continue for more than six (6) months.
Article 15 – Governing Law and Jurisdiction
15.1 This agreement is governed by Saudi law and Sharia principles.
15.2 Disputes shall be resolved exclusively by the competent courts in Saudi Arabia.