Terms and conditions
1. Scope of Application
These Terms and Conditions (“T&C”) apply to all quotations, proforma invoices, purchase orders, and sales of goods and services provided by CAPAC Consultancy (“Seller”) to the Buyer.
Any conflicting terms proposed by the Buyer shall not apply unless expressly agreed in writing by CAPAC Consultancy.
2. Quotations & Order Acceptance
All quotations are valid for 7 days unless otherwise stated.
Orders are considered accepted when:
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Confirmed in writing (email acceptable), or
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Payment is received against a proforma invoice
CAPAC reserves the right to withdraw or modify offers prior to acceptance.
3. Pricing & Payment Terms
Prices are quoted in USD unless otherwise specified.
Standard payment term: Cash in Advance (CIA)
Accepted payment methods:
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Wire Transfer
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Credit Card (processing fees may apply)
Important:
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Any bank charges are the responsibility of the Buyer
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Credit card payments above a defined threshold may incur additional fees (e.g., ~3%)
4. Delivery & Lead Time
Lead times are indicative only and subject to prior sale
Items listed as “In Stock” are not reserved until payment is received
Lead times:
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Exclude weekends and public holidays
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May include additional processing time
CAPAC is not liable for delays caused by:
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Suppliers
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Logistics providers
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Customs clearance
5. Shipping & Risk of Loss
Shipping terms are typically:
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EXW / FCA / DAP (as agreed per order)
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Risk transfers to Buyer upon dispatch or handover to carrier
Buyer is responsible for:
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Import duties
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Taxes
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Customs clearance
6. Packaging & Documentation
All goods are packed according to industry standards (ATA Spec 300 where applicable)
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Standard documentation includes:
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Commercial Invoice
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Packing List
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Airworthiness Certificates (if applicable)
Incorrect or missing documentation requests must be clarified before shipment
7. Inspection & Acceptance
Buyer must inspect goods within 7 days of receipt
Any discrepancies must be reported in writing within this period
Failure to notify within this timeframe constitutes acceptance of goods
8. Warranty
Unless otherwise stated, goods are sold:
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As-is, or
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With standard supplier/OEM warranty (if applicable)
CAPAC does not provide additional warranty unless explicitly agreed.
Warranty does not cover:
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Improper handling
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Installation errors
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Wear and tear
9. Returns & Cancellations
Returns require prior written approval
Unauthorized returns will not be accepted
If approved:
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Items must be unused and in original condition
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Restocking fees may apply
Orders cannot be cancelled after:
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Shipment
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Procurement from supplier
10. Storage Fees
If Buyer delays shipment after readiness notification:
CAPAC reserves the right to charge storage fees at the rate of $25 per day per line item
11. Compliance & Export Control
Buyer agrees to comply with:
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All applicable export control laws
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Sanctions and trade regulations
CAPAC will provide, where applicable:
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HS Codes
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ECCN
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Country of origin
12. Hazardous Materials
If goods contain hazardous materials:
Buyer must ensure compliance with:
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IATA
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ICAO
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Local regulations
13. Limitation of Liability
CAPAC Consultancy shall not be liable for:
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Indirect or consequential damages
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Loss of profit or business interruption
Maximum liability is limited to:
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The value of the concerned transaction
14. Force Majeure
CAPAC is not liable for failure or delay due to:
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Natural disasters
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War / political events
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Supplier failure
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Logistics disruptions
15. Confidentiality
All commercial terms, pricing, and documents:
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Must remain confidential
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Cannot be shared without written consent
16. Late Payment (French Law Compliance)
In accordance with Article L441-10 of the French Commercial Code, any invoice not paid by its due date shall automatically incur late payment interest after 30 days without prior notice.
Late payment interest shall be calculated at a rate equal to the European Central Bank (ECB) refinancing rate plus ten (10) percentage points, applied to the outstanding amount.
In addition, a fixed compensation of €40 for recovery costs shall be due for each late payment, without prejudice to CAPAC Consultancy’s right to claim additional compensation upon justification.
CAPAC Consultancy reserves the right to:
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Suspend ongoing or future deliveries
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Further increase the late payment terms
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Revoke credit terms
For AOG (Aircraft on Ground) or priority orders, preferential pricing, priority handling, or expedited services may be withdrawn or repriced if any outstanding invoices remain unpaid.
17. Governing Law & Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of France.
Any dispute arising in connection with these Terms shall fall under the exclusive jurisdiction of the competent courts of Toulouse, France, even in the case of multiple defendants or third-party proceedings.