Terms and Conditions of Use for Neubert Aero Corp. & Airportnac.com

Welcome to Neubert Aero Corp.(NAC)! It is our pleasure to assist with your runway safety product needs.

By using www.airportNAC.com, you agree to the following terms and conditions. Please read carefully, as the terms are NAC’s policy. Please print if needed. Please note: where “buyer” is referred to in the document, this refers to you as the buyer. Where “seller”, “we”, or “us” is used, that refers to Neubert Aero Corp.

Customer Service: To place an order, or for general product and pricing information, quotes, or returns, contact the NAC customer service team at +1(727)538-8744. For international contact information, please see below. Additionally, orders may be placed online via www.airportNAC.com. Online orders are immediately processed. We frequently quote on items, materials and large quantities not found within this website or our print material. For detailed quotations, please contact NAC customer service at +1(727)538-8744 or info@airportNAC.com.

Seller’s Offer: Notwithstanding any contradictory terms and conditions which may appear on Buyer’s forms, the shipment and/or delivery of the goods and/or service made the subject of this order and the mailing and/or delivery of this order shall not constitute an acceptance by the Seller of any prior written or oral offer by the Buyer which contained terms and conditions different from or additional to those set forth below. Buyer’s acceptance of the goods and/or services which are the subject of this order shall constitute confirmation of Buyer’s acceptance of the terms and conditions set forth below.

Limitations of Warranties: Unless an express written warranty is otherwise furnished by the Seller by a separate document, the Seller makes no warranty, express or implied, with respect to the goods sold and/or the services rendered by the Seller hereunder. All implied warranties, including but not limited to those of merchantability and fitness for a particular purpose, are hereby disclaimed and excluded from this Agreement. In no event shall Seller be liable for loss of use or for any indirect, incidental or consequential damages, and actual damages shall not exceed the sum paid to Seller hereunder. In the event any component or part of the goods sold and/or services rendered hereunder have not been manufactured by the Seller, the Seller’s sole obligation shall be limited to making available to Buyer any existing applicable warranty of the manufacturer of such component or part to the extent the Seller can do so.

Entire Agreement: No agent, employee or representative of the Seller has any authority to bind the Seller to any affirmation, representation or warranty concerning goods sold under this contract, unless such affirmation, representation or warranty is specifically included within this Agreement. No modification or alteration of the foregoing disclaimer of warranty and limitation of remedies provisions shall be valid or enforceable unless set forth in a separate document issued and executed by the Seller.

Indemnification: In the event Buyer fails to disclaim any warranty with respect to any articles sold hereunder, Buyer shall indemnify and hold Seller harmless from any and all liability, costs and expenses to which Seller may be subjected as a result of Buyer’s failure to do so disclaim its express or implied warranties.

Risk of Loss, Title: The goods sold hereunder shall be at the risk of the Buyer upon delivery by the Seller to the carrier F.O.B. shipping point. Title to the goods sold hereunder shall remain in Seller until payment in full by Buyer.

Delays Beyond Seller’s Control: Seller shall not be responsible for delays in performance caused by delays in manufacturing plants, or in transportation or due to strikes, fires, floods, storms, war, insurrections, riot, any governmental regulation, order, act or instruction, or any other circumstances beyond the Seller’s reasonable control, and Buyer’s acceptance of goods and/or services shall constitute a waiver on any claims for damages due to delay. Under no circumstances shall the Seller be liable for any loss of use by Buyer for any actual, indirect or consequential damages arising from such delays.

Service Charge, Terms of Payment, Collection Actions: Any accounts not adhering to the payment terms of the Seller will be subject to a service charge of 1.5% per month on the unpaid balance. Unless otherwise indicated on by the Seller, payment terms set at the time of sale. Buyer agrees if Seller commences any action to collect amounts due on account because of nonpayment from Buyer, either in its entirety or a portion thereof, Buyer agrees to pay all costs Seller incurs through use of collection agencies and or attorney’s fees, court costs, or associated fees. Sales orders with cash value less than $3,000.00 USD must be processed with AMEX, MasterCard, Visa, or Discover. US Government agencies are exempt from cash limit but suggested payment terms apply.

Survival of Terms: To the extent any provision hereof is invalid, then that provision shall be deemed to be deleted, and the remaining provisions hereof shall remain in full force and effect.

Returned Product: Material(s) may not be returned without prior authorization by NAC’s President. A restocking or handling charge, after inspection and in the opinion of the Seller can be charged. Material returned for credit must be returned within five (5) days after receipt and must be accompanied by our order number and date of purchase. Custom items, special order merchandise, or software including all nonstandard material is not returnable.

Acceptance of Orders: Acceptance of orders, contrary terms, and acceptance of buyer’s order are conditioned upon buyer’s assent to the following terms and conditions. Any inconsistent provisions of any purchase order or other writing shall not constitute a part of the contract of sale. If any of these items are not acceptable to buyer, Neubert Aero Corp. must be notified immediately.

Product Specifications: Product colors, material choices, and other specifications are subject to change without notice and may vary. Items may be discontinued at any time without notice.

Product Descriptions: Neubert Aero Corp. attempts to present products as accurately as possible. Neubert Aero Corp. does not warrant that product descriptions or other content of AirportNAC.com is accurate, complete, reliable, current, or error-free. If a product offered by Neubert Aero Corp. itself is not as described, your sole remedy is to return it in unused condition.

Product Pricing: Prices on this website reflect list price cost in U.S. currency and are current at the time of publication. Prices do not include any freight or taxes. We reserve the right to change prices without notice. Despite our best efforts, a small number of the items may be mispriced. If the correct price of an item sold by Neubert Aero Corp. is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
TAX: Taxes will be collected where applicable by law. 

Shipping of your order:

• Regular Shipping: Unless otherwise noted by Buyer, goods will be shipped via carriers of our choice, typically FedEx or UPS. Contact us for specific shipping terms. Varying shipping terms may apply to Alaska, Hawaii, and Caribbean islands, Africa, Europe, Central America, South America, Asia and Oceana. We are not responsible for incorrect address charges, and these charges will be billed. Due to regulatory requirements, me items must ship via ground.
• Truck Shipments: (LTL – Less than Truckload): We are committed to getting items only transportable by truck to you in excellent condition, and in a timely manner. We know that your business depends on speed and convenience. To assist in providing advance notice on items that MUST ship by truck, we have identified those items with a truck icon throughout this catalog. If you do not have a preferred LTL carrier we will help determine the best carrier for your order. On occasion, large quantity orders may be more cost effective to ship via LTL carrier; in these instances you will be notified prior to shipment.
• Damaged Shipments: Buyer should inspect all items upon receipt. If damage occurs in transit, Buyer should note the extent of the damages on the packing slip and contact us immediately. Our responsibility for loss or damaged items ceases when the carrier accepts the products for shipment.
• Foreign Shipments: In the event this sale involves a foreign shipment, the Seller declares this order to be true and correct in every aspect and declares the goods described above hereof to be the product of this Industry of the United States of America, except as otherwise noted.

Use of AirportNAC.com is Subject to These Terms of Use

• The content of the pages of this website is for your general information and use only. It is subject to change without notice.
• This website uses cookies for the purpose of session control and to anonymously measure your use of this website to improve your experience.
• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
• This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
• All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
• Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.
• From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

Limitation of Actions: Buyer agrees that any action of any kind by the Buyer against the Seller must be commenced, if at all, within one year after the date of delivery.

Privacy: For our full policy please click here.

Neubert Aero Corp. and Other Trademarks: Neubert Aero Corp. trademarks may not be used in connection with any product or service that is not Neubert Aero Corp., in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Neubert Aero Corp. . All other trademarks not owned by Neubert Aero Corp. that appear in on any www.airportNAC.com page are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Neubert Aero Corp.

• Use of Trademarks and Logos: Buyer represents that it has the right to use all logos, trademarks, service marks, trade names, and all other related artwork to be printed. In consideration of the acceptance of this order, Buyer warrants that the finished article is not and will not be an infringement of any valid trademark, service mark, copyright, patent, or similar right. Buyer agrees, at Buyer’s own expense, to fully indemnify, hold harmless and defend us, our agents, employees, officers, and successors from and against any and all liability and costs arising from or in connection with any claim or legal action brought against us charging such infringement. We reserve the right to refuse to print anything we deem to contain improper or infringing artwork. We reserve the right to use product images and samples in promotional applications.

Your AirportNAC.com User Account: You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Neubert Aero Corp. reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Electronic Communications: When you use Neubert Aero Corp.com, or send e-mails to us, you are communicating with us electronically. You consent to receive return communications from us electronically. We will communicate with you by e-mail, phone or by posting notices on AirportNAC.com. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

• Bulk Emails: Neubert Aero Corp. send several bulk emails per month. You can unsubscribe directly at the bottom of one of these emails. You may also contact info@airportNAC.com with your request.

Disclaimer: Neubert Aero Corp. develops channels to purchase product, and is not an authorized distributor or representative for any manufacturer that may be identified herein.

Applicable Law: This Agreement is governed by, and construed in accordance with, the Laws of the State of Florida, United States of America, without regard to the conflict of law provisions thereof. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to sales on AirportNAC.com.

You irrevocably and unconditionally agree that you shall not commence any action, litigation or proceeding of any kind whatsoever against Neubert Aero Corp. in any way arising from or relating to this Agreement, including all exhibits, schedules, attachments and appendices attached hereto and thereto, and all contemplated transactions, including contract, equity, tort, fraud and statutory claims, in any forum other than a state or federal courts located in Hillsborough County, Florida. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of such court. Each Party agrees that a final judgment in any such action, litigation or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by Law.

NAC 5/12/2014