AIRBORNE DISPLAYS, Inc. TERMS OF SALE

All orders imply full acceptance to the terms and conditions below. Order forms must be signed and dated. The terms below constitute the contract between the parties and supercedes any other verbal or written agreements.

1. UNIT PRICING

All prices shown are guaranteed until the offer expiration date shown on the price list. In the event no expiration date is listed, all prices are good for ten business days following transmittal of the price list.

2. ORDERS

Orders must be placed with our commercial department or with any of our certified representatives. The list of representatives may change and an updated list can be requested at the commercial department address at the bottom of this document. All orders must contain our inventory numbers or designations and quantity of units desired.

3. DELIVERY

All goods, even when shipped by us, are transported at the risk of the recipient. Any errors, omissions or defects in the order received must be reported in writing within 15 days of delivery. Vague or unspecific claims will not be accepted. Defects in the product will be repaired or replaced, within 90 days of delivery, at Airborne Displays, Inc.’s discretion. All parts for which a replacement request is made must be returned to the Airborne Visuals, Inc. location at the bottom of this document. No request for replacement, repair or return will be accepted without prior approval of the commercial department at the address below.

4. PAYMENT

All invoices are to be paid upon reception. In the event that a revolving line of credit is accepted, all payments must be made at the end of the month of invoice.

Failure to pay invoices within the time periods enumerated above may subject the customer to collection proceedings for which costs and expenses will be sought.

5. IMPOSSIBILITY OF PERFORMANCE

Should one or more of the provisions in this contract be voided by statute or public policy of the location where it is executed, all other terms and provisions shall remain valid and enforceable. All voided clauses shall resume their effect as soon as the reason for inapplicability has ceased. Acts of God, acts of state, war, disturbance or strike, acts of nature, fire, law or judicial decisions shall be deemed as force majeure events and will constitute impossibility of performance. In the event of temporary impossibility, performance of the contract shall resume on the same terms once the reason for non-performance has ceased.

6. RETENTION OF TITLE

Title in all goods shipped will remain with Airborne Displays until full payment, including interest or penalties where applicable, is received. Title will also vest in all proceeds of our goods that are transferred to any third-parties.

7. TERMINATION OF RELATIONSHIP

Upon the breach of any of the obligations of this contract, in particular, non-payment or delay in payment of any outstanding balances, we may, at our own choosing, terminate the relationship with any customer. Termination of the relationship shall not relieve the customer of any of its obligations.

8. CLAIMS

All claims made under this contract must be in writing and addressed to the commercial office below, Attention : Legal Department . This claim letter must be sent within fifteen (15) days of the event or date of occurrence from which a claim is made. All claims will be handled under the provisions of law below.

9. LIMITS OF LIABILITY

In no case will Airborne Displays, Inc, its parent or subsidiary companies, nor any of its agents be liable for reimbursement of any expenses, costs or claims alleged due to the defect of any Airborne Visuals product, or due to the failure to timely deliver any Airborne Visuals Product. Airborne Visuals, Inc, its parent or subsidiary companies and its agents will also not be liable for any claimed loss of business opportunity due to any defect in any Airborne Visuals Product or the failure to timely deliver any Airborne Visuals product. The sole recourse to any customer is the replacement or repair of a Airborne Visuals product or the refund of the purchase price of any Airborne Visuals Product, at the discretion of the commercial office of Airborne Visuals, Inc.

10.GOVERNING LAW

Any disputes arising from any Airborne Visuals order entered in the United States of America or its Commonwealth shall be subject to the laws of the State of New York and shall be submitted to binding arbitration according to the rules of the American Arbitration Association. This arbitration shall be carried out in the City of New York at a date and location determined by the parties and arbitrator.

airborne displays, Inc.
394 Broadway, 5th floor
new york, ny 10013
800.821.2241 - 212.966.4905
fax: 212.966.4937
email:infos@airbornevisuals.com