GENERAL TERMS:
The following terms and conditions of sale apply to any order placed by the purchaser. The purchaser’s own general conditions of purchase are not applicable unless there is an express agreement between both parties, and must be signed prior to any order placed. Any modification to these terms and conditions must be in writing and signed by both parties.
PRICING TERMS:
All quotes are subject to prior sale. Minimum Orders are handled on a case by case basis as Giocom not only supplies parts from stock, but is sometimes required to outsource for customers as well. In such cases, the minimums of our suppliers may be imposed as to quantity, price, and related services. Prices quoted are based on the quantity requested and any changes to quantity will require a new quotation. All prices are Subject to Change without notice. The order acknowledgement will specify our acceptance, and any final conditions. Our prices exclude any additional tax or import fees, unless otherwise negotiated in advance, including VAT.
PAYMENT TERMS:
Credit terms are subject to accounting research and credit approval. The terms of payment are stated on quotations or otherwise on the final acknowledgement of the order. If Giocom is under contract with a customer to deliver goods, the terms and conditions will revert to those as set for in that contract. If the terms are any type of payment in advance, and upon receipt of our pro-forma invoice, immediate payment and subsequent proof of payment must be received by Giocom within 5 business days. No sales order will be generated, or parts purchased, or will be allocated to the customer’s purchase order, until the full payment has been received. Giocom will make every attempt to have parts held pending receipt of the payment, barring any other sale. If payment is not made within 5 business days the order can be Canceled by Giocom and removed from processing. Deposits may be required for Custom Order or Special Order goods. Deposits may be 50% or more and must be made according to negotiated terms or instructions from Giocom LLC when initial lead-times and final delivery notifications are sent to the Customer, and be made within the 5 day period set forth in this paragraph. If Deposits or subsequent payments are not made on time, order’s may be Canceled and deposits can be retained by Manufacturers or Giocom. Transportation charges are stated on the quotation or acknowledgement or other written correspondence, unless otherwise charged to the purchaser’s own carrier account.
ORDERS-PRODUCT DESCRIPTION:
Customer orders received are expected to contain, at a minimum; the quantity, name of (type) of product, and product description, applicable issues or specifications, condition, drawings available, or other relevant technical data or documents that may be required for product conformity.
DELIVERY:
EX-Works, Delray Beach, FL 33445 unless another agreement is signed at the time of purchase and reflected in the purchased order and acknowledgement. Delivery terms are determined and noted at the time of quotation. Partial shipments are allowed, unless the purchaser notes “Ship Complete” on the purchase order. Cancellations will not be accepted due to delays by our suppliers unless approved and signed by management. Giocom will notify the Customer immediately if the “Deliver On” date listed on the purchase order, or otherwise agreed, cannot be satisfied. If delivery becomes impossible due to any reason outside of Giocom control, Giocom can be released from any responsibility to deliver the goods ordered, and the purchaser shall not be entitled to any financial or material compensation. However, Giocom commits to doing our best to help the purchaser by offering any alternatives solutions that may be available. The responsibility of goods is transferred to the purchaser as soon as the goods are picked up from our premises, unless otherwise agreed upon. Goods that are not picked up in a timely fashion may be returned to stock for resale or otherwise returned to our supplier.
DELIVERY TIMES:
The Lead-times quoted and acknowledged on purchase orders will be upheld as closely as possible. Other scheduled agreements or statements will be applied, as accepted in writing. No compensation, refund or credit may be claimed in the event of an unforeseen delay. Agreed Lead-times may be extended in the event of a stoppage in mfg. production and/or distribution in the event of a fire, flood, transportation delay, strike, hurricane or other natural disaster or unforeseen condition beyond the control of Giocom.
QUANTITY:
A difference in the quantity of goods sold will be considered acceptable according to the following: As an industry standard by 10% more or less including any units measured in length (usually meters or feet). The same policy applies to parts weighing 0.10 gram or less per unit.
LIABILITY LIMITED TO “FORM, FIT, FUNCTION” IN APPLICATION:
Giocom will only acknowledge non-acceptance of goods due to discrepancies in Form, Fit, Function according to the manufacturer’s standards for the goods purchased, and used in applications as prescribed by the manufacturer, and only in applications that require the goods to perform within the standards as set by the manufacturer’s specifications. Misused of goods is not the responsibility of Giocom, and we will under no circumstances be held responsible in such cases. The Purchaser is responsible for delivery insurance, unless otherwise agreed upon, proper packing and storage at their facility, and any use other than as prescribed by the manufacturer’s standards.
CERTIFICATION:
Giocom Sourcing will provide our company Certificate Of Compliance (COC) only with each shipment, unless otherwise stated in the quotation and subsequent order acknowledgement.
PARTS APPLICATION:
Other than Factory New or Mfg direct purchased parts; i.e. new surplus, overhauled, serviceable, as removed, repairable, etc. parts may not be acceptable for use on commercial aircraft. It is the purchaser’s responsibility to obtain proper certification from the governing regulatory agencies including the FAA, if required, prior to the installation on any civilian aircraft.Installation may also be required to be completed by authorized FAA certified mechanic and repair personnel. The purchaser agrees to hold Giocom LLC and Giocom Sourcing harmless from any actions, claims, demands, suits, or other whatsoever, that arises from a violation of such requirements.
GUARANTEE:
The purchaser must inspect all products immediately upon receipt to make sure that the order received complies with the order placed. Any discrepancy must be reported to Giocom within a 7 day period after receipt of the parts. Any other defects must be reported as soon as they are found and not to exceed 30 days. If goods are damaged or otherwise received in unusable condition due to the negligence of Giocom and Giocom is unable to provide a reasonable time frame for the replacement or the repair of the goods, the purchaser will be able to withdraw from obligation with respect to the order placed. Giocom will, if known to us, notify the Customer of any product and/or process changes that may affect the quality of the items being purchased, as well as any recall or non-conforming products purchased/sold.
WARRANTY: Other than the “GUARANTEE” above, Giocom LLC makes no expressed or implied Warranty for any product sold. Products requiring a Warranty are sold with such only from the Manufacturer or Manufacturer’s Distributor of the goods sold, based solely on their Warranty terms and conditions, and not that of GIOCOM LLC directly.
DAMAGES:
Giocom LLC or Giocom Sourcing cannot be held responsible for any damages incurred while goods are in transit and under the care and responsibility of the customer’s freight carrier. Insurance is recommended in all cases.
EXPORT COMPLIANCE:
If goods are being purchased for export, it is the responsibility of the purchaser to obtain any necessary export licenses as may be required by the U.S. laws, unless Giocom has agreed to process the export license applications.
Giocom LLC and Giocom Sourcing only do business with countries approved by department of state.
UNLESS OTHERWISE NOTED, THIS SALE/ORDER MAY INCLUDE MUNITION LIST ITEMS (“MLI”) OR COMMERCE CONTROLLED ITEMS (“CCLI”). MLI/CCLI PROPERTY IS CONTROLLED BY THE U.S. GOVERNMENT AND IN MANY CASES CANNOT BE TRANSFERRED (EXP0RTED, SOLD OR GIVEN) TO FOREIGN COUNTRY, A NON-U.S. CITIZEN/NATIONAL OR NON-PERMENT U.S. RESIDENT WITHOUT A VALID STATE/COMMERCE DEPARTMENT EXPORT AUTHORIZATION. IT IS THE RESPONSIBILITY OF YOU (THE PURCHASER) TO DETERMINE WHAT THE APPLICALBLE REQUIRMENTS MAY BE AND TO OBTAIN ALL NECESSARY AUTHORIZATIONS, LICENSES AND/OR APPROVALS.THE USE, DISPOSITION, EXPORT, AND RE-EXPORT OF THE PROPERTY COVERED OR INCLUDED IN THIS SALE/ORDER IS SUBJECT TO THE PROVISIONS OF LAW REFERNCED IN THE END USE CERTIFICATE DLA FORM 1822, DEC 2001, INCLUDING, BUT NO LIMITED TO, THE ARMS EXPORT CONTROL ACT (22 USC 2751 et seq.); EXPORT ADMINISTRATION ACT OF 1979 (50 USC APP. 2401 et seq.) AS CONTAINED UNDER EXECUTIVE ODER 12924; INTERNATIONAL TRAFFIC IN ARMS REGULATIONS (22 CFR 120 et seq.); EXPORT ADMINISTRATION REGULATIONS (15 CFR 730 set seq.); AND THE ESPIONAGE ACT (18 USC 793 et seq.).By accepting goods, you the purchaser, hereby represent and warrant that you are not an embassy or agency or subdivision of a foreign government. If you are an embassy, agency, or subdivision of a foreign government then you must provide us with a copy of the state or commerce department export license or license number which allows you to receive and export the material that is the subject of this order and sale.
RETURNS:
No goods will be accepted as a return without an RMA and prior written and signed approval from Giocom. A 25% restocking fee will apply to all returned material that is not being returned due to an error by Giocom. Some goods may NOT be returnable, as is the case with Special Orders, products Manufactured specifically for an order, and any product supplied under an NCNR.
RIGHT OF ACCESS:
Giocom will allow “right of access” to its Customers and regulatory authorities if needed to all facilities and all application records that pertain to the product or services being purchased, and specific business related to the Customer.
DISPUTES:
Any conditions that are specified in purchase orders from our customers, that are not consistent with the Giocom terms and conditions as stated in this document, cannot be imposed on Giocom unless they were agreed upon in advance and in writing by us.
ENFORCEMENT:
Any dispute arising between Giocom LLC or Giocom Sourcing and the purchaser that cannot be settled out of court, regardless of the nature or cause, will be subject to the jurisdiction of the local courts where the company headquartered. Any other law will not be considered and therefore is excluded. The governance of other world organizations may apply to international orders or contracts.
FOR VENDORS:
By accepting a PO the supplier agrees to all terms and conditions listed herein:
(1) All applicable certificates, test reports, or authorized release certificates are to be sent with each shipment.
(2) Supplier acknowledges Giocom’s right of access to its facilities, product, and/or related quality records at any time, by Giocom, it’s customer, or regulatory authorities in order to verify quality of products or work. Right of access may be limited to only those records and product applicable to Giocom’s products or contracts.
(3) All purchasing requirements shall be flowed down to sub‐tier suppliers or subcontractors.
(4) Supplier is to notify Giocom immediately of unexpected anomalies, non-conformances, changes in product and/or process, changes of suppliers, and/or changes of manufacturing facility location. Giocom reserves the right to approve such changes or incidents before work is allowed to proceed.
(5) Supplier acknowledges it shall apply suitable corrective action when presented with Giocom complaints or nonconformance reports.
(6) Records pertaining to the manufacture, inspection and test of Giocom’s products shall be retained for a minimum of seven (7) years.
(7) Supplier shall comply with the Aerospace Industries Association of America (AIA) Global Principles of Ethics in the Aerospace & Defense Industry, available for review here: Business ethics
(8) Supplier agrees to implement and maintain a system to prevent the use of unapproved, suspected unapproved, and counterfeit, or suspected counterfeit parts.
(9) Supplier agrees to the use of statistical techniques for product acceptance and related instructions for acceptance by the organization.
(10) Supplier agrees to ensure its employees/contractors are fully aware of their contribution to product/service safety and conformity.
Revision: C Revision Date: 10/26/2019