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Terms and condition

 A. Definitions

The following definitions & abbreviations which would apply for the business portal are as furnished below:

NE – NEW

NS – NEW SURPLUS

OH – OVERHAULED

RP – REPAIRABLE

SV –SERVICEABLE

AR – AS REMOVED

BR – BEYOND REPAIR

 

Buyer: The party to whom Seller provides Services.
Support Documents & Data: Documents, drawings, manuals, software & all forms of media storing, supplementing support information for the spare parts
Days:  Calendar days, if not otherwise stated herein;
Exchange Transaction: A transaction whereby Seller shall send an exchange unit to Buyer and in exchange the Buyer shall submit a main unit to the Seller and depending on type of Exchange transaction & condition of the unit, the Buyer will pay an additional charge to Seller.
Exchange Unit: The Unit which Seller shall send to Buyer in case of an Exchange Transaction.
Ex-works: Ex-works as defined in the incoterms 2010 or any subsequent edition thereof, issued by the International Chamber of Commerce, Paris, France.
Indemnities: An indemnity contract arises when one individual takes on the obligation to pay for any loss or damage that has been or might be incurred by another individual. The right to indemnity and the duty to indemnify ordinarily stem from a contractual agreement, which generally protects against liability, loss, or damage.
Overhaul: Restoration of the Component according to the agreement pertaining to terms of condition.
Repair: Test and restoration, if applicable, of a defective Aircraft spare Component to a serviceable condition.
Seller: Dolphin Air
Buyer: Any customer or user agrees to register or sign up in the business portal with the sole purpose to buy the Products & Services offered by the Seller in the Business Portal. Minors under the age of 18 shall are prohibited to register as a User or Buyer of this website and are not allowed to transact or use the website.
Aircraft Spare Parts: Product & Service provided by Seller to Buyer
Products & Services: Aircraft related spares & Products and its related services.

 

 B. General Terms & Conditions:

Any Service Seller agrees to provide to Buyer shall be subject to the Terms and  Conditions / Terms of Services including the Privacy Policy specified in the website portal.

  1. Language Used:
    The performance of Services and all communication between Seller and Buyer regarding any terms or any agreement pertaining thereto shall be in the English language.

  2. Order Procedures:
    Upon receiving Buyer's request raised in the business portal, Seller update the quote in the system for the Buyer’s review and decision, which shall be valid for a period of thirty (30) days after the date of issue, unless otherwise stipulated in the relevant quotation. The Product & Services shall be rendered by Seller to the Buyer on the basis of respective Buyer’s confirmed order received in the portal and making the confirmed payment online or confirming its acceptance by a way of wire transfers of the funds made for the relevant order.

  3. Delivery:
    All goods and Services furnished under the Terms & Condition shall be delivered Ex-works Seller's Facility within the agreed delivery terms & conditions whereas the shipment cost, taxes and customs or any other cost are borne by the buyer, unless otherwise specified by Seller and agreeing and paying the cost of such deliveries to include shipment and duties.

  4. Packing:
    All goods and Services furnished under the Terms & Conditions shall be packed generally in accordance with ATA (Air Transport Association of America) Specification 300 Cat. 11.

  5. Shipment:
    All goods and/or Services furnished under the Terms & Conditions will be sent with relevant shipping documents after receiving the payment in full.

  6. Delivery & Shipment Policy:
    i)     The Dolphin air’s business portal - http://www.dolphinair.ae   will NOT deal or provide any services or products to any of OFAC sanctions countries in accordance with the law of UAE.
    ii)    Customer multiple bookings may result in multiple postings to the cardholder’s monthly statement.

  7. Payment:

    1. All Products and Services offered shall be due and fully payable on acceptance by Seller of Buyer's order either through Payment gateway provided in the Dolphin Air business portal or through the confirmed BANK Wire transfers.
    2. If the customer makes a payment for our products or services on our website, the details that the customer are asked to submit will be provided directly to our payment provider via a secured connection.
    3. The cardholder must retain a copy of transaction records and Merchant policies and rules.
    4. If Seller agrees to incur any additional costs such as freight, delivery, taxes, duties or any form of cost other than the agreed product cost in connection with the Services rendered to the Buyer, upon Buyer's request, Seller shall invoice Buyer for such costs of such Services and Buyer shall pay the full costs within thirty (30) days after the date of Seller's relevant invoice.
    5. We accept payments online using Visa and MasterCard credit/debit card in USD currency.

  8. Primary Currency of Payment:
    All payments to Seller shall be made in net convertible US $

  9. Sales Cycle:
    Upon receiving the quote through the online portal, the stock status will be shared with the buyer and confirms the product and his interest. Seller sends the quote for the buyer’s confirmation which would result in receiving the Purchase Order from the buyer through the business portal.  Upon receiving the firm order, Seller would send the invoice enabling the Buyer to make the full payment equivalent to the invoice value through the payment gateway options. Upon receiving the intimation of payment Seller either sends the items through the buyer notified courier or sends through the agreed terms through the in house logistics mode or through any courier services.

  10. Taxes, Duties, Licenses and Special Documents:
    Any taxes, duties and other charges including documentations related to such charges which are as requested by the concerned authorities   should be paid to the Seller by the Buyer along with the Product and Services. The charges as arrived will be based on mutual agreed terms specified in the business portal.

  11. Nondisclosure:
    Neither Buyer nor Seller shall disclose information furnished under the Terms & Conditions or any agreement pertaining thereto to any third party without the written consent of the other party, except as required by law. If disclosure is required by law, then the disclosing party shall use its best efforts to limit such disclosure, including a request for confidential treatment or implementing other means reasonably requested by the non-disclosing party. No license under any patent, copyright or whatever other intellectual or industrial property right is granted or implied by Seller exchanging, conveying and/or applying whatever Data or Information pursuant to and/or in connection with the Services.

  12. Excusable delay:
    Under the terms & conditions, Seller shall not be responsible or liable for any delay in performance due to an excusable delay due to causes not within Seller's control including, but not be limited to, acts of God, strikes, labour troubles causing cessation or dislocation of work, inability after due and timely diligence to obtain material or part not of Seller's own stocks. However, Seller will make every reasonable effort to minimize the consequences of an excusable delay to Buyer.

  13. Suspension and Termination:In the event of a material breach of an agreement pertaining to the terms & conditions  by Buyer, Seller may terminate at any time such agreement without prior written notice of termination,  in case of  Buyer has received written notice of such breach from Seller and has been afforded time of  two weeks to rectify such material breach of agreement.

  14. Non-Waiver:
    The failure of Seller to enforce any of its remedies or to require strict performance of any obligations of Buyer under the terms & conditions or any agreement pertaining thereto shall not constitute a present or future waiver of such remedy or obligation.

  15. Applicable Law
    The terms & conditions and any agreement pertaining thereto connected in the website shall be governed by and construed and interpreted in accordance with the UAE law.
    Dubai Courts shall be solely competent to the consideration of disputes arising out hereof.
    United Arab of Emirates is our country of domicile.

  16. Indemnity:
    Buyer shall release, defend, hold harmless and indemnify Seller, Seller's assignees and each Indemnity thereof, from and against all claims and liabilities, direct and consequential damages, losses and judgments, including costs and expenses incidental thereto, which may be suffered by, accrued against, be charged to or recoverable from Seller, Seller's assignees or any of their Indemnities for death of or injury to a person or persons, other than indemnities of Seller or Seller's assignees or for loss of or damage to any property, including any Aircraft, save property of Seller, Seller's assignees or any of their indemnities arising out of or in any way connected with the performance by Seller, Seller's assignees or any of their indemnities of Services.

  17. Force Majeure:
    Neither party shall be liable for any delays in the performance of any of its obligations hereunder due to causes beyond its reasonable control, including but not limited to, fire, strike, war, riots, acts of any civil or military authority, judicial action, acts of God, or other casualty or natural calamity, acts of a public enemy or terrorism or war; compliance with any regulations, order, or requirement of any governmental body or agency.

  18. Purchase Order:
    Orders for Spare Parts shall be placed / confirmed by Buyer by registering the requirements as specified in the business portal Purchase Requisition / Order Form. Each Purchase Order shall include an order number or specific contract number, part number(s), nomenclature, quantity, material condition and required delivery schedule, as well as detailed forwarding instructions if required or requested, such as forwarding address, accounting address and the marking required to be put on the packing.

  19. Order Acknowledgement:
    Acceptance by Seller of Buyer's Purchase Order(s) shall be in a written Order Acknowledgment sent by email or RSS notification. Seller's Order Acknowledgment shall include Buyer's order number or specific contract number and, for each part, part number, applicable unit price, extended value and the scheduled delivery date / dates. A Purchase Order is not binding upon Seller unless accepted by him in accordance with the terms and condition specified.

  20. Purchase Order Fulfilment:
    In fulfilling Purchase Orders for Spare Parts, Seller reserves the right to make any necessary corrections or changes in part number and nomenclature, or to substitute parts, provided that interchangeability between the Spare Parts is not affected. Seller shall give Buyer prompt written notice of such correction, change or substitution and any effect on price resulting there from. Buyer shall advice Seller in the same prompt manner whether such change of price is acceptable.

  21. Cancellation of Orders:
    i)     Buyer may cancel a Purchase Order for any Spare Part prior to delivery thereof. Seller may recover any actual damage arising there from in an amount not more than the purchase price of the Spare Parts covered by the cancelled Purchase Order. The cancellation charge shall be based upon the costs made by Seller fulfilling the specific Purchase order before cancellation of the Purchase Order by Buyer as well as third party claims in connection with such cancellation. Upon Buyer's request, Seller shall substantiate such costs.
    ii)  Buyer totally agree and authorized the seller to deduct any amount from the amount received against an order due to the undo cancellation advised by the buyer.

  22. Title and Risk:
    Risk of loss of or damage to the Spare Parts supplied by Seller to Buyer shall pass from Seller to Buyer at delivery of the Spare Parts to Buyer in accordance with terms and conditions.  Risk of loss of or damage to Spare Parts rejected by Buyer shall remain with Buyer until such Spare Parts are redelivered to Seller in accordance to the terms and conditions.

  23. Pricing and Price Revision Seller Parts:
    Seller reserves the right to revise the prices for Spare Parts from the date of quotation, and if no quotation has been issued from the date of Buyer's Purchase Order, until delivery to Buyer in the following cases:
    a.) Substantial revisions advised by the Seller’s Principal Vendors.
    b.) Unexpected error in estimation committed and is notified to the Buyer within 3 days’ time from the date of purchase order.

  24. Beyond Repair Component:
    Components of which Seller estimates that the cost of Repair or Overhaul will exceed eighty per cent of Seller's current sales price for Seller parts or Vendor parts of an identical Component shall be considered as a Beyond Repair term. Seller shall advise Buyer promptly that a Component is beyond economical repair and Buyer shall provide Seller within seven (7) days after receipt of Seller's notice with one of the following instructions: -
    (a)  Repair and/or Overhaul at Buyers expense; or
    (b)  Component to be destroyed by Seller; or
    (c)  Component to be returned to Buyer at Buyer's expense without Repair; or
    (d)  Deliver replacement Unit against current Seller's Sales prices
    In the event a Component is determined by Seller as beyond economical repair, and Buyer notifies Seller with instructions (b) or (c), the costs of the work already performed shall be borne by Buyer.
    If Repair & Overhaul applies to such event, a Shop Floor Finding Report on the basic observations made for the same will be provided by the Seller to the Buyer.
    If an Investigation Report request raised by the Buyer to the Seller, for a report stating the cause of fault and the observances made with the findings for the rectifications that is required, Seller will have the right to charge Buyer for the cost of making such report pertaining to the extent of such time and efforts that is required to deliver such report.


C. Warranties, Returns & Refunds

W.0. Warranty conditions for the Spare Parts including repaired and/or overhauled Components:

The following warranty conditions will apply to both Spare Parts including Repaired or Overhauled Components except where clearly otherwise stated in the text.

W.1. Warranties

Subject to the exceptions set forth in W.2, Seller warrants that:

(1) All Seller Parts supplied hereunder shall at the time of delivery by Seller be free from: defects in material and workmanship, unless previously agreed upon by both parties concerned.

(2) Each Component repaired or overhauled shall at the time of delivery by Seller be free from:

(a) Defects in material, and

(b) Defects in workmanship involved in the Repair or Overhaul, hereinafter collectively referred to as "defects".

W.2. Exceptions

Seller shall be relieved from its warranty obligations under this W.0 with respect to a defect, if such defect results from Buyer's failure to operate and maintain the Seller Part/repaired or overhauled Component, in which the subject Seller Part/repaired or overhauled Component was installed, in accordance with applicable Buyer's maintenance and operating programs approved by the aviation authorities having jurisdiction and applicable Seller's written instructions.

W.3. Validity of Warranties

With respect to all Seller Part/repaired or overhauled Components the Warranty set forth in W.1 shall be subject to fulfilment of the conditions and the limitations set forth in W.4 through W.1 of this W.0.

W.4. Notice and Warranty Periods

Buyer's remedy and Seller's obligation and liability under this W.0, with respect to each defect, are conditioned upon (i) the defect having become apparent to Buyer within the applicable warranty period, and (ii) Seller's warranty administrator at Seller's Facility, having received written notice of the defect from Buyer promptly but not later than thirty (30) days after the defect becomes apparent to Buyer. The warranty periods are:

(1) based on OEM warranty conditions for Seller's Supplied Factory New Parts and Components as to defect in material, workmanship, twelve (12) months or one thousand (1000) flight hours, whichever expired first, and twelve (12) months or five hundred flight hours, whichever expired first, for Seller's supplied overhauled, repaired and or new surplus Parts and Components, whichever expires first, after delivery of the Seller Part or Component, and will be calculated pro-rata, based on consumed warranty life.

 (2) for repaired or overhauled Components as to defect in replaced / reworked material or workmanship, twelve (12) months or five hundred (500) flight hours, whichever expired first, after delivery of the repaired or overhauled Component to Buyer and will be calculated pro-rata, based on consumed warranty life.

W.5. Return and Notification

Buyer's remedy and Seller's obligation and liability under this W.0, with respect to each defect, are also conditioned upon:

(1) The submission by Buyer to Seller of a complete warranty claim report including all the required written details therein;

(2) Reasonable proof that the claimed defect is due to a matter embraced within the warranty set forth in W.1 and that such defect did not result from any act or omission of Buyer including but not limited to those stated in W.2.

(3) the return by Buyer as soon as practicable if so requested by Seller, to Seller's Facility of the Seller Part/Component claimed to be defective, except when Seller elects to have the non- repairable defective Seller Parts scrapped at Buyer's facility in accordance with W.8.

Seller shall notify Buyer of the disposition of each such claim.

W.6. Remedies

Buyer's remedy and Seller's obligation and liability under this W.0, with respect to such defect, are limited to: (1) for Seller Parts (A) As to a defect in material or workmanship, (i) to the repair of such defect in the Seller Part in which the defect appears, or, at Seller's option, to the replacement of such Seller Part, with a similar Seller Part free from defect, and (ii) as to any Seller Parts repaired under the responsibility of Seller or furnished as a replacement by Seller pursuant to A, to the repair of replacement of such Seller Part for any further defect in material or workmanship, provided: (a) such further defect becomes apparent to Buyer within any unexpired remainder of the warranty period specified in W.4.(2) ; and (b) Seller's warranty administrator at Seller's Facility receives written notice of such further defect from Buyer within sixty (30) days after it becomes apparent to Buyer. (B) For repaired or overhauled Components: the repair or correction of such defect in the repaired or overhauled Component.

W.7. Returned Items

All repairs, replacements and corrections described in W.6, shall be performed by Seller at its expense at Seller's Facility, or such other place as may be mutually agreeable, and with reasonable care and dispatch in order that the Seller Part/Component involved will not be kept out of service longer than necessary. The cost of transportation (in accordance with common industry practices) from Buyer to Seller at Seller's Facility or such other place as may be mutually agreeable, of any Seller Part/Component claimed to be defective shall be paid by Buyer. Seller shall reimburse Buyer for freight charges incurred by Buyer in connection to the shipment to Seller's Facility, of any Seller Part/Component determined by Seller to be defective under the terms of this W.0. The cost of the return freight charges (in accordance with common industry practices) of any Seller Part/Component determined by Seller to have been defective and repaired or corrected, or any replacement Seller Part to Buyer pursuant to this W.0 shall be paid by Seller. Title to and risk of loss of any Seller Part/Component returned by Buyer to Seller shall at all times remain with Buyer, except that (i) title to and risk of loss of a returned Seller Part shall pass to Seller concurrently with shipment by Seller to Buyer of any Seller Part furnished by Seller to Buyer as a replacement therefore and (ii) as to loss or damage chargeable to Seller's gross negligence or wilful misconduct according to UAE’s law, provided that in no event Seller shall be liable for loss of use or any other indirect or consequential damage. Upon Seller's shipment to Buyer of any replacement Seller Part title to and risk of loss of such Seller Part shall pass to Buyer. Under this W.7 the party, which has risk of loss with respect to any Seller Part/Component shall have the responsibility of providing adequate insurance coverage thereof.

Request for return of merchandise must be submitted in writing within a period of 14 days from the date of order. Items may not be returned without a written authorization from Dolphin Air. All items approved for return are subject to a restocking fee of 25%. Past due invoices are subject to 2% finance charge.

No items will be returned after 21 days from the date of Invoice, unless otherwise stated in writing by Dolphin Air.

W.8. Non repairable Seller Part

Buyer may scrap any defective non-repairable Seller Part at Buyer's facility, provided that Seller has confirmed that such Seller Part is non-repairable and is not required for investigation by Seller.

W.9. Wear and Tear

Normal wear and tear and the need for regular maintenance and Overhaul shall not constitute a defect under this warranty. The warranty periods set forth in W.4 shall not apply to items such as rubber parts, filters, shelf life limited parts or a similar item which doesn’t come under AOG, which Seller demonstrates, are unable to meet such standards because of their ultimate life or function. The warranty set forth in this W.0 shall furthermore not extent to parts delivered by Seller and subsequently modified, overhauled or repaired on Buyer's behalf without Seller's written consent.

W.10. Applicability of Seller's Warranty

(1) It is Seller's intention that replacement, repair or correction of Seller Parts/Repair or correction of Components claimed by Buyer to be defective be implemented with the least possible delay and to this end any action taken by Seller, prior to completion of its review of Buyer's warranty claim, shall not prejudice Seller's right thereafter to dispute the applicability of Seller's warranty to any item so replaced, repaired or corrected/any Component so repaired or corrected and to recover its reasonable costs and expenses in connection therewith in the event that Seller's warranty is determined not to apply.

(2) The warranty set forth herein is personal to Buyer and shall not be assigned or transferred in whole or in part except with the prior written consent of Seller.

(3) In the event any part of the provisions of this W.0 is held ineffective or unenforceable, Seller shall advise Buyer of the implications thereof and the effect on the terms and conditions of this W.0.

W.11. Disclaimer and Release

THE WARRANTIES, OBLIGATIONS AND LIABILITIES OF SELLER AND REMEDIES OF BUYER SET FORTH IN THIS SECTION W.0 ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND BUYER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER WARRANTIES, OBLIGATIONS AND LIABILITIES OF SELLER, SELLER'S ASSIGNEES AND EACH INDEMNITEE THEREOF AND RIGHTS, CLAIMS AND REMEDIES OF BUYER AGAINST SELLER, SELLER'S ASSIGNEES, OR ANY OR THEIR INDEMNITEES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY NONCONFORMITY, DEFECT IN OR DELAY IN DELIVERY OF ANY SPARE PART, OTHER THING OR SERVICE DELIVERED OR PERFORMED, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS, (ii) ANY IMPLIED WARRANTY ARISING FROM COURSE OR PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, (iii) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM NEGLIGENCE OF SELLER, SELLER'S ASSIGNEES, OR ANY OF THEIR INDEMNITEES, ACTUAL OR IMPUTED, AND (iiii) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OF OR DAMAGE TO ANY AIRCRAFT, SPARE PART OR OTHER THING, FOR LOSS OF USE, REVENUE OR PROFIT WITH RESPECT TO ANY AIRCRAFT, SPARE PART OR OTHER THING OR FOR ANY OTHER DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

W.12. Refunds

Refunds will be done only through the Original Mode of Payment.

 

 D. Conditions for Exchange Transactions:

C.1 Fees

All the transport and custom fees or any fees involved with an Exchange Transaction, for both the shipment of the Core Unit and the Exchange Unit will be borne by Buyer.

C.2 Returning Main Unit

In case of an Exchange Transaction Buyer shall ensure that the Main Unit shall be received by Seller within fifteen (15) calendar days after receipt of the Exchange Unit by Buyer. Buyer shall ship the Main Unit to Seller freight prepaid and accompanied by all applicable completed documents

C.3 Penalty Fee

In the event Seller has not received the Main Unit accompanied by all applicable completed documents within the time-period as mentioned under section C.2., Buyer will incur a penalty fee of USD 60.00 per day, starting at the end of a fifteen (15) calendar day period following from shipping date, until the day that Seller has received the Main Unit accompanied by all applicable completed documents.

C.4 Missing Parts

In the event any parts found to be missing from the Main Unit, Seller shall invoice Buyer for the value of such missing parts. Buyer herewith agrees to such additional invoicing and beforehand accepts that this will be automatic and without any prior notice from Seller. Once the additional invoice has been processed by Seller, no credit will be granted to Buyer, irrespective of whether the missing parts will be send to Seller at a later date.

C.5 Additional Payment Conditions

(a) In case of an Exchange plus cost transaction: After teardown and inspection of the received Main Unit by Seller, Seller shall send an invoice to Buyer, accompanied by a copy of the teardown & inspection report. The invoice shall be payable with due observance of the payment terms and conditions.

(b) In the event the returned Main Unit is: (i) in a different mod standard than the originally delivered unit; (ii) has suffered from abnormal use, mechanical damage, excessive wear, tear and/or corrosion or; iii) has been involved in an accident or incident, Seller shall invoice Buyer for the additional costs.

(c) Seller will also invoice Buyer for additional costs in the event the returned Main Unit is in a different mod standard than the originally to Buyer delivered unit.

(d) In the event the Main Unit is declared BR, Seller shall invoice Buyer for the difference between the agreed exchange fee and the outright sales price as stated on the written order as “Main Unit charge”. Such invoice shall be payable with due observance of the payment terms and conditions.

C.6 Retention of Title

The Exchange Unit will remain property of Seller until full payment as specified under section C.5 has been received by Seller.

C.7 Default Interest

Failing to comply with any of the above sections or other applicable provisions of this terms & conditions might result in extra (interest) charges and eventually confiscating of the originally supplied exchange unit(s).

C.8 Additional Security

Seller reserves the right to ask for additional and/or financial securities prior to release of the Exchange Unit(s), In line with Seller’s policy.