Terms & Conditions of Sale

Legal Stuff

1Interpretation

1.1	"Cabin Crew Safety" means Cabin Crew Safety Limited (registered in England and Wales with company number 8579029) who operate the domain name http://cabincrewsafety.aero ("the Website")
1.2	"Customer" means the firm or person who purchases Goods from Cabin Crew Safety
1.3	"Goods" mean the goods or any part of them set out in the Customer's order for Goods

2Terms of contract

2.1	These Terms and Conditions of Sale shall be incorporated into all contracts of sale made by Cabin Crew Safety for the sale of any goods whether directly or through one or more of Cabin Crew Safety's websites, including but not limited to the website "cabincrewsafety.aero". Any printed or other terms and conditions used by the Customer are excluded. Cabin Crew Safety shall not be bound by any terms or conditions in the Customer's order.
2.2	This agreement contains the whole agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise or representation made by or given on behalf of Cabin Crew Safety which is not set out in these conditions.
2.3	All orders for Goods constitute an offer by the Customer to purchase goods or services in accordance with these conditions. All orders placed for Goods by the Customer are subject to written acceptance by Cabin Crew Safety. All orders for Goods placed by the Customer from the Website are subject to acceptance of these terms and conditions of sale.
2.4	Acceptance of delivery of the Goods from Cabin Crew Safety shall be deemed conclusive evidence of the Customer's acceptance of these conditions.

3Language

3.1	These terms and any contract are only in the English Language.

4Making a Contract with Cabin Crew Safety

4.1	To place an order with Cabin Crew Safety, the Customer must take the following steps:
	(a) Supply your list of requirement to Cabin Crew Safety by email. Cabin Crew Safety will supply a formal quotation outlining product costs on the day of the quotation.
	(b) Customer will ensure all details such as invoice address and delivery address and contact information is correct, it is the responsibility of the client to liaise thereafter and provide Cabin Crew Safety with any changes/amendments by return. When all details are correct and customer is ready to proceed customer to supply Purchase order to Cabin Crew Safety. The purchase order must include all costs, for products, Wire Transfer Fees and shipping costs where Cabin Crew Safety are providing freight forwarder.
	(c) When all details are correct and customer is ready to proceed customer to supply Purchase order to Cabin Crew Safety. The purchase order must include all costs, for products, Wire Transfer Fees and shipping costs where Cabin Crew Safety are providing freight forwarder.
	(d) the Customer will then pay by debit or credit card, or bank transfer, if the customer chooses to settle by credit card and payment link from Worldpay will be provided to enable customer to make payment;
	(e) Cabin Crew Safety will confirm to the Customer by e-mail to that payment has been received. This does not constitute our acceptance of your offer. Our acceptance of your offer will take place as described in clause 4.1(f).
	(f) Cabin Crew Safety will e-mail the Customer again to confirm acceptance, and that a contract has been made between the Customer and Cabin Crew Safety.
4.2	In the unlikely event that the Goods ordered are no longer available Cabin Crew Safety will advise the Customer of this. The Customer will not receive an e-mail confirming acceptance of the order, and there will be no contract.

5Usage of items supplied and limitation of liability

5.1	Subject to clause 5.4, all Goods supplied by Cabin Crew Safety without exception are exclusively for the purposes of aviation demonstration training only and are not sold as serviceable or rotable items for use on board operational aircraft, as lifesaving equipment or in any application in which the failure of a single component could cause substantial harm to persons or property. Furthermore, the Goods supplied have been removed from an aircraft by a third party and supplied to Cabin Crew Safety. The Goods are not in any way mechanically or electrically tested, inspected or offered and supplied with any warranty whatsoever and as such Cabin Crew Safety do not offer any warranty as to the condition or operation of the Goods. Any electronic part or mechanical assembly included with the Goods is purely for aesthetic purposes and should not be considered as working or operational outside of the specific aircraft systems with which it was designed to operate.
5.2	The Customer warrants that it will only use the Goods in strict accordance with any instructions given by Cabin Crew Safety, its agents or employees.
5.3	Cabin Crew Safety shall not be liable for any use of the Goods which is not in accordance with Clause 5.2 to the fullest extent that is allowable under law.
5.4	Nothing in these Conditions shall limit or exclude Cabin Crew Safety's liability for:
	(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
	(b) fraud or fraudulent misrepresentation;
	(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979;
	(d) defective products under the Consumer Protection Act 1987; or;
	(e) any matter in respect of which it would be unlawful for Cabin Crew Safety to exclude or restrict liability
5.5	Subject to clause 5.4
	(a) Cabin Crew Safety shall under no circumstances whatsoever be liable to the Customer, whether in contract, tort (including negligence), breach of a statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the supply and purchase of the Goods from Cabin Crew Safety;
	(b) Cabin Crew Safety's total liability to the Customer in respect of all other losses arising under or in connection with the contract, whether in tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price paid for the Goods.

6Value Added Tax, Local Tax and Import Duty

6.1	The price for the Goods or Services in any quotation to the Customer is exclusive of VAT which shall be due at the rate prevailing on the date of the Cabin Crew Safety's invoice or the date the Goods are purchased through the Website. The Customer shall, on receipt of a valid VAT invoice from the Cabin Crew Safety, pay to the Cabin Crew Safety such additional amounts in respect of VAT as are chargeable on the supply of the Goods at the same time as payment is due for the supply of the Goods.
6.2	All bank charges levied on payments made by the Customer for the Goods (such as charges levied on payments from overseas) shall be payable by the Customer.
6.3	The Customer shall be responsible for and pay all excise or local taxes and all import and export duties and customs fees and charges on all Goods delivered outside the United Kingdom.
6.4	If delivery of the Goods is overseas Cabin Crew Safety will provide customs forms and documents but the Customer is to arrange for shipment and delivery to the Customer's premises.

7Price and Payment

7.1	The price of the Goods shall be the price set out in Cabin Crew Safety's order acknowledgement or if the Goods are purchased through the Website the price set out in the order confirmation sent to the Customer. All quotations are valid for 7 days from the date sent to the Customer.
7.2	Unless otherwise stated in the written order acknowledgement or if the Goods are purchased through the Website in the order confirmation sent to the Customer, the price is exclusive of the costs and charges for delivery of the Goods, which shall be payable by the Customer.
7.3	Cabin Crew Safety will notify the Customer in writing of any pricing errors on the Website. Cabin Crew Safety may at its discretion reject any order placed by the Customer by notice in writing to the Customer. Cabin Crew Safety is under no obligation to provide the Goods to the Customer at an incorrect price even if the order confirmation has been sent to the Customer.
7.4	Unless Cabin Crew Safety has agreed otherwise in writing between the Customer and Cabin Crew Safety, the Customer shall pay the price for the Goods in full in cash or by debit or credit card on acceptance of the order confirmation to the Customer.
7.5	Subject to prior written agreement to credit terms with the Customer, the Customer shall pay the price for the Goods in full and in cleared funds by the 20th day of the month following the month in which the Goods are delivered.
7.6	All payments must be made without any set-off, deduction or counterclaim and shall be made as quoted, in either pounds Sterling, US Dollars or Euros.
7.7	Cabin Crew Safety reserves the right to increase the price of the Goods, by giving notice to the Customer at any time before delivery to reflect any increase in the cost of the Goods to Cabin Crew Safety that is due to any factor beyond the control of Cabin Crew Safety including in connection with or arising from foreign exchange fluctuations and increases in taxes and duties and increases in labour, materials and manufacturing costs.
7.8	If the Customer fails to make any payment due to Cabin Crew Safety by the due date for payment then, without prejudice to any other right or remedy:
	(a) All sums then outstanding from the Customer will immediately become due and payable notwithstanding that such sums would not otherwise be due until a later date.
	(b) At its discretion, Cabin Crew Safety may apply a compensation charge as an estimate of administrative and other wasted costs incurred by Cabin Crew Safety to the Customer of £40 (GBP) for outstanding sums up to £999.99: £70 (GBP) for outstanding sums between £1,000 and £9,999.99 and £100 (GBP) for outstanding sums of £10,000 or more;
	(c) the Customer shall pay interest from the due date until payment is made in full (both before and after any judgement) on the amount unpaid at a rate which is 8 per cent per annum above the Bank of England base rate from time to time compounded monthly.
7.9	Time for payment is of the essence.

8Condition of the Goods

8.1	Cabin Crew Safety warrants that on delivery subject to clause 8.2 the Goods shall conform in all material aspects with their description.
8.2	The Customer acknowledges and accepts that:
	(a) Unless otherwise clearly stated and accompanied by the original manufacturers certification, the Goods supplied by Cabin Crew Safety are for aircraft training demonstration purposes and so are not in a guaranteed operational condition.
	(b) The Goods supplied may be 'Aircraft Removed' (AR) status. Items of Aircraft Removed status have been legally removed from an operational aircraft at the end of their service life. The Goods are therefore supplied in an untested state and Cabin Crew Safety accepts no liability as to their operational condition.
	(c) The Goods supplied by Cabin Crew Safety as 'Part Condition Code As Removed' status will have come directly off an aircraft and have had no work done by an approved repair facility. The Goods may have signs of use and minor cosmetic marks. The Goods will not have Federal Aviation Administration certification.
	(d) Cabin Crew Safety will provide an ATA106 certificate of origin on written request from the Customer
8.3	Subject to Clause 8.4, if:
	(a) The Customer gives notice in writing to Cabin Crew Safety within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 8.1 specifying the details of the non-compliance; and
	(b) Cabin Crew Safety is given a reasonable opportunity of examining such Goods; and
	(c) The Customer (if asked to do so by Cabin Crew Safety) returns such Goods to the Cabin Crew Safety's place of business at Cabin Crew Safety's cost; then
	(d) Cabin Crew Safety shall, subject to prior agreement by Cabin Crew Safety in writing to the Customer and at its option, replace the defective Goods, or refund the price of the defective Goods in full.
8.4	Cabin Crew Safety is not liable for the Goods' failure to comply with the warranty contained in clause 8.1 if any of the following events occur:
	(a) The Customer makes any further use of such Goods after giving notice in accordance with clause 8.3;
	(b) The defect arises because the Customer failed to follow Cabin Crew Safety's oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Goods or (if there are none) good trade practice regarding the same;
	(b) The Customer alters or repairs such Goods without the written consent of the Cabin Crew Safety
	(c) The defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
	(d) The Goods differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
8.5	Except as provided in this clause 8, Cabin Crew Safety shall have no liability to the Customer in respect of the Goods failure to comply with the warranty set out in Clause 8.1.
8.6	The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
8.7	The photographs, illustrations, dimensions, specifications and type numbers that may be given in any catalogue, website, sales literature or quotation given by Cabin Crew Safety are a guide only and do not form part of these conditions. Cabin Crew Safety will use its reasonable endeavours to supply the exact goods but Cabin Crew Safety reserves the right to supply similar Goods of the same function. Cabin Crew Safetys reliance on stock supplied to it dictates that product appearance and performance may vary slightly.

9Delivery

9.1	Cabin Crew Safety shall deliver the Goods to the location set out in the Customer's order for the Goods or any such location as the parties may agree (the "Delivery Location").
9.2	Any dates quoted for delivery of the Goods are approximate only and time for delivery is not of the essence.
9.3	Delivery of the Goods shall be completed on the Goods' arrival at the Delivery Location or if delivery of the Goods is made to a carrier then delivery of the Goods shall be completed on completion of loading of the Goods at the carrier's address.
9.4	Cabin Crew Safety shall not be liable to the Customer for any delay in the delivery of the Goods that is caused by a force majeure event or the Customer's failure to provide Cabin Crew Safety with adequate delivery instructions.
9.5	The Customer shall inform Cabin Crew Safety as soon as reasonably possible if the Goods are lost or damaged in transit. Cabin Crew Safety shall, at their discretion, arrange to replace the Goods or refund the price.
9.6	Cabin Crew Safety may deliver the Goods in instalments.

10Customer's Insolvency or Incapacity

10.1	If the Customer becomes subject to any of the events listed in clause 10.2 or Cabin Crew Safety reasonably believes that the Customer is about to become subject to any of them and notifies the Customer accordingly, then, without limiting any other right or remedy available to Cabin Crew Safety, Cabin Crew Safety may cancel or suspend all further deliveries under the contract or under any other contract between the Customer and Cabin Crew Safety without incurring any liability to the Customer, and all outstanding sums in respect of Goods delivered to the Customer shall become immediately due.
10.2	For the purposes of clause 10.1, the relevant events are
	(a) The Customer suspends, or threatens to suspend, payment of its debts, or is unable to pay its debts as they fall due or admits inability to pay its debts, or (being a company) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986, or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986, or (being a partnership) has any partner to whom any of the foregoing apply;
	(b) The Customer commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors
	(c) (being a company) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of the Customer, other than for the sole purpose of a scheme for a solvent amalgamation of the Customer with one or more other companies or the solvent reconstruction of the Customer;
	(c) (being an individual) the Customer is the subject of a bankruptcy petition or order;
	(d) A creditor or encumbrancer of the Customer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days;
	(e) (being a company) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the Customer;
	(f) (being a company) a floating charge holder over the Customer's assets has become entitled to appoint or has appointed an administrative receiver;
	(g) A person becomes entitled to appoint a receiver over the Customer's assets or a receiver is appointed over the Customer's assets;
	(h) Any event occurs, or proceeding is taken, with respect to the Customer in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 10.2(a) to clause 10.2(h) (inclusive);
	(i) The Customer suspends, threatens to suspends, ceases or threatens to cease to carry on all or substantially the whole of its business;
	(j) The Customer's financial position deteriorates to such an extent that in Cabin Crew Safety's opinion the Customer's capability to adequately fulfill its obligations under the contract with Cabin Crew Safety has been placed in jeopardy; and
	(k) (being an individual) the Customer dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his or her own affairs or becomes a patient under any mental health legislation
10.3	Termination of the contract with Cabin Crew Safety, however arising, shall not affect any of the parties' rights and remedies that have accrued as at termination. Clauses which expressly or by implication survive termination of the contract with Cabin Crew Safety shall continue in full force and effect.

11Force Majeure

11.1	A Force Majeure Event is any event beyond the reasonable control of Cabin Crew Safety, which by its nature could not have been foreseen, or if it was foreseen was unavoidable (including, but not limited to, strikes, lock-outs or other industrial disputes (whether involving Cabin Crew Safety's workforce or a third parties), traffic congestion, failure of energy sources or transport network, acts of God, acts of war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme weather conditions, or default of suppliers or contractors
11.2	Cabin Crew Safety shall be liable for any failure or delay in performing its obligations to the extent that such failure or delay is caused by a Force Majeure Event.
11.3	If the Force Majeure Event prevents Cabin Crew Safety from providing any of its Goods for more than 14 days, Cabin Crew Safety shall, without limiting its other rights and remedies, have the right to terminate the contract with the Customer immediately by giving written notice to the Customer.

12Cancellation Policy

12.1	This cancellation policy does not affect the Customer's rights under Clause 8.
12.2	This cancellation policy does not apply to the following goods for hygiene reasons:
	(a) Passenger Oxygen Masks
	(b) Training Smoke Hoods
	(c) Life Jackets
	(d) Any item specifically manufactured to the Customer's own design or specification.
	(e) Any item that has required modification or removal from its original environmentally sealed storage.
12.3	If the Customer is an online consumer, they have the right to cancel their order at any time up to 7 working days after delivery.
12.4	To cancel the order:
	(a) the Customer must e-mail or write to Cabin Crew Safety at its registered office "the Cancellation Notice" informing Cabin Crew Safety that they wish to cancel the order. Cabin Crew Safety will provide a Goods Return Number.
	(b) the Customer must pack the Goods securely in the original packaging
	(c) the Customer must return the Goods to Cabin Crew Safety at the Customer's own expense using a traceable method of carriage requiring signature. Risk in the Goods will not pass to Cabin Crew Safety until it receives the Goods.
12.5	Subject to the Customer's compliance Clause 12.4, Cabin Crew Safety will refund the price of the Goods, the original delivery charges and any credit card charges to the Customer, within 30 days of Cabin Crew Safety receiving the Goods.
12.6	If the Goods are returned to Cabin Crew Safety damaged then Cabin Crew Safety reserve the right to charge the Customer for the reduction in their value.
12.7	If the Customer sends Cabin Crew Safety a Cancellation Notice and fails to return the Goods to Cabin Crew Safety within 30 days of sending the Cancellation Notice then Cabin Crew Safety will arrange to collect the Goods at the Customer's own expense.

13Packaging

13.1

The specification for packaging the products shall be entirely at the discretion of Cabin Crew Safety who shall have the right to pack products in such a manner and with such materials and in such quantities as it in is absolute discretion thinks fit and shall not be obliged to comply with any packaging instructions or requests of the Customer.

14Title & Risk

14.1	Cabin Crew Safety shall retain title to the goods until it has received payment in full of all sums due in connection with the contract with Cabin Crew Safety or any other account. For these purposes Cabin Crew Safety has only received a payment when the full amount is credited to Cabin Crew Safety's bank account in cash or cleared funds.
14.2	The risk in the Goods shall pass to the Customer on completion of delivery.
14.3	Until title to the Goods has passed to the Customer, the Customer shall store the goods in such a way that they are clearly identifiable as Cabin Crew Safety's property and shall maintain records of such goods identifying them as Cabin Crew Safety's property. All goods supplied by Cabin Crew Safety in the Customers possession shall be presumed to belong to Cabin Crew Safety (unless the Customer can prove otherwise).

15Customer Indemnity

15.1	The supply of Goods by Cabin Crew Safety are for no other purpose other than for passive and static demonstration of commercial aircraft equipment as set out in these terms and conditions of sale and all Goods may be supplied in an "As Removed" status and sold un-inspected and no warranty is given or implied by Cabin Crew Safety. If the Customer sells or otherwise uses the Goods in circumstances other than for purpose set out in this clause 15 or in these terms and conditions of sale or uses the Goods for any other purpose other than for which they were sold to the Customer then the Customer shall indemnify Cabin Crew Safety against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by Cabin Crew Safety arising out of or in connection with:
	(a) any breach of the warranty or warranties contained in these terms and conditions of sale;
	(b) the Customer's breach or negligent performance or non-performance of these terms and conditions of sale;
	(c) the enforcement of these terms and conditions of sale;
	(d) any claim made against Cabin Crew Safety by a third party arising out of or in connection with the provision of the supply of the Goods, to the extent that such claim arises out of the breach, negligent performance or failure or delay in performance of these terms and conditions of sale by the Customer, its employees, customers, clients, agents or subcontractors;
	(e)any claim made against Cabin Crew Safety by a third party for death, personal injury or damage to property arising out of or in connection with defective Goods, to the extent that the defect in the Goods is attributable to the acts or omissions of the Customer, its employees, customers, clients, agents or subcontractors.
15.2	This indemnity shall apply whether or not Cabin Crew Safety has been negligent or at fault.

16Severance

16.1	In the event that any of these provisions or any part of any of them shall be held to be invalid or unenforceable, such invalidity or enforceability of such provision or part thereof shall not affect the validity and enforceability of all remaining provisions and parts of provisions.

17Governing Law and Jurisdiction

17.1

If the Customer is a consumer these terms and conditions of sale are governed by English law. This means a contract for the purchase of Goods through Cabin Crew Safety's Website and any dispute or claim arising out of or in connection with it will be governed by English law. Both parties agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if the Customer is a resident of Northern Ireland the Customer may also bring proceedings in Northern Ireland, and if the Customer is a resident of Scotland, the Customer may also bring proceedings in Scotland.

17.2

If the Customer is a business, these terms and conditions are governed by English law. This means that a contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. Both parties agree to the exclusive jurisdiction of the courts of England and Wales.

18Variation

18.1	Cabin Crew Safety may vary these terms and conditions of sale at any time.
18.2	Except as set out in these terms and conditions of sale, any variation to the contract, including the introduction of any additional terms and conditions, shall only be binding when agreed in writing and signed by an authorised officer of Cabin Crew Safety.

19Notices

19.1	Any notice or other communication given to a party under or in connection with the contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post, recorded delivery, commercial courier or fax.
19.2	A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 19.1 if sent by pre-paid first class post or recorded delivery, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by fax one Business Day after transmission.
19.3	The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

20Waiver

20.1

A waiver of any right or remedy under these terms and conditions of sale is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under these terms and conditions of sale or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

21Age

21.1	If the Customer is a consumer, they may only purchase Goods from Cabin Crew Safety's site if they are at least 18 years old.