Kits & Parts
(TEXT VERSION Please print out & use when MAILING your order)
Important: please read the Ordering Instructions on the Online Order Form
PO Box 511
Fallston, MD 21047 USA
Your e-mail address: _______________________________________________
State / Province: _____________ Zip / Postal Code: _____________________
Country (if not USA) ______________________________________________
Phone: ___________________________ Fax: __________________________
Please send me
Clearly print or type: Quantity you are ordering, + Kit or Part Description and its Price. Refer to the online website where parts were listed
1. (qty)____ of (kit/part)_________________________________________ @ $___________
2. (qty)____ of (kit/part)_________________________________________ @ $___________
3. (qty)____ of (kit/part)_________________________________________ @ $___________
4. (qty)____ of (kit/part)_________________________________________ @ $___________
5. (qty)____ of (kit/part)_________________________________________ @ $___________
6. (qty)____ of (kit/part)_________________________________________ @ $___________
7. (qty)____ of (kit/part)_________________________________________ @ $___________
Crating Cost: (refer to Instructions on Online Order Form) $___________
Shipping Cost: (only if prepayment has been prearranged) $___________
SALES TAX (Maryland residents only: add 6%) $___________
All remittances in US FUNDS only, please.
CREDIT CARD INFORMATION
1. We can only accept credit cards as payment for United States orders.
2. Credit card orders over $200 require a 4% processing fee.
3. Credit cards can only be used as the initial deposit on an orderup to 60%
of the total. (Balance payable by funds transfer, check, money order or cash in U.S. funds.)
(We accept VISA, MasterCard, American Express & Discover)
CARD TYPE (check one) ____VISA ____MASTERCARD ____AMEX ____DISCOVER
CARD NUMBER: ________________________________________________________
EXPIRATION DATE: (in the form mm/yy; such as, 08/21): _______________________
NAME APPEARING ON CARD: _________________________________________
This contract made and
entered into this _____ day of _______________ 20_____ between Vortech,
Inc., hereinafter called Distributor, and ____________________________,
hereinafter called Purchaser. Distributor agrees to sell and Purchaser
agrees to buy from Distributor "the aircraft components" enumerated in
"item description" above for the total purchase price of
$________________________, which sum shall be secured by a deposit of
$________________________, which will be acknowledged by Distributor
upon receipt. Distributor is a representative or broker in the sale of kits
and parts from various sources (manufacturers, suppliers,
private parties), hereinafter
1. Prior to purchase of the aircraft components, Purchaser acknowledges that he/she has determined the suitability of such aircraft components for his/her intended use and purpose, and Purchaser assumes all risk and liability whatsoever in connection with such determination of suitability.
2. Distributor/Supplier agrees to make every effort to deliver to Purchaser the aircraft components as soon as possible (see Important Instructions: item #4). In the event such aircraft components cannot be delivered to Purchaser by Distributor, its agents or Supplier within the estimated time frame, Distributor shall give the Purchaser notice in writing or by telephone and Distributor shall have the right, but not the obligation, to reschedule a new approximate delivery date. In the event Distributor is unable to deliver the aircraft components to Purchaser, for whatever reason, whether by Act of God, war, labor difficulties, accident or otherwise, then Purchaser shall be entitled to a refund of his/her deposit. Acceptance of such refund by Purchaser shall release Distributor/Supplier from any and all liability for any causes of action, claims, damages or losses of whatsoever nature.
3. Any balance due Distributor shall be paid by Purchaser to Distributor either at time of pickup or before shipment or at least 10 days prior to delivery unless other terms are established. Failure of the Purchaser to pay the balance when due shall excuse the Distributor's obligation to deliver the aircraft components until said sum is paid in full; and if said sum remains unpaid for thirty (30) days from the date balance is first requested by Distributor, this Purchase Contract, and Distributor's obligation hereunder, shall terminate.
4. Upon the failure or refusal of Purchaser to complete the purchase of all aircraft components identified herein, for any reason, other than cancellation due to Distributor's being unable to deliver the aircraft components, the cash deposits shall be retained by the Distributor as liquidated damages.
5. Distributor or Supplier reserves the right to alter the design or substitute or replace components of equal specification at any time without notice or obligation to Purchaser to make such alteration or substitution to the items covered by this contract either before or subsequent to delivery thereof to Purchaser. No such alteration, substitution or replacement shall be deemed to create any liability or new warranty on the part of Distributor or Supplier with respect to such component, other than those contained within this contract, nor shall such alteration or substitution be deemed to be an admission as to any design defect, inaccuracy, or defect in quality of workmanship or manufacturing with respect to the original component being altered, substituted or replaced.
6. The purchase price for the items specified on the face of this contract does not include excise taxes, use taxes or occupational taxes based on sales volume, import taxes or duties, or any other fees or tariffs as may be pertinent to the sale of the aircraft components. Purchaser agrees to pay to Distributor, or the applicable government authority, any such additional fees, taxes, or tariffs that may arise out of this transaction.
7. Distributor's obligation to perform and Purchaser's right to receive delivery of the aircraft components herein shall terminate, upon written notice of Distributor, at any time that Distributor determines such termination is required because of the enactment, interpretation, or any other action, or requirement of a governmental entity or regulating body which makes completion of this contract commercially and/or financially unreasonable for the Distributor. Purchaser's sole remedy against Distributor for any termination of this contract for financial or commercial unreasonableness shall be to receive refund of any deposit or purchase price paid by Purchaser to Distributor.
8. Distributor's and Supplier's performance with respect to delivery deadlines is expressly subject to delays caused by commercial factors, acts of God, acts of war, labor disputes or any other act beyond the control of Distributor or Supplier.
9. Neither Distributor nor Supplier shall be responsible for damage, loss or injury to persons or property directly or indirectly, immediately or subsequently, arising from the use of or inability to use or assemble any aircraft components purchased by Purchaser under this contract. Purchaser assumes all present and future risk and liability arising out of the construction of any aircraft in any form by assembling or use of components sold by Distributor, and Purchaser shall indemnify and defend Distributor and Supplier from any and all causes of action, claims, losses or damages of whatsoever nature, arising out of the use of aircraft components purchased by Purchaser under this contract.
10. Distributor and Supplier shall provide Purchaser with the aircraft components only. Purchaser assumes all risks and liability associated with the assembly of the aircraft components sold by Distributor under this contract.
11. Purchaser expressly recognizes that certain specific flight training is necessary for the safe operation of an aircraft assembled from the aircraft components herein. Purchaser agrees to obtain training by a specifically authorized Flight Instructor before any attempt is made to fly this aircraft. Purchaser further agrees to have the aircraft inspected during assembly and/or after completion by a qualified aircraft mechanic or by an authorized agent of the Federal Aviation Administration to determine airworthiness prior to operation. Purchaser assumes all risks and liability for complying with any applicable governmental requirements or restrictions in the operation of this aircraft.
12. Purchaser agrees that any aircraft components identified herein will not be copied, duplicated, or manufactured by Purchaser for any reason whatsoever, nor turned over to a third party to be copied, duplicated or manufactured.
13. Purchaser agrees to pay all freight, shipping and crating charges; and from the time of dispatch to the aircraft components from Distributor's or Supplier's place of business by carrier and until delivery to Purchaser, at the above address, the risk of loss or damage to said aircraft components, from whatever cause, shall be borne by Purchaser.
14. Purchaser agrees to inspect the aircraft components thoroughly upon delivery and to immediately, on receipt, notify Distributor of any flaws or defects found. Failure to notify Distributor of any defect or flaw or of Purchaser's complete rejection of delivery of the aircraft components shall constitute acceptance of the aircraft components.
15. In the event of detection of any defect or flaw upon delivery, said defective component shall be returned to Distributor or Supplier within ten (10) days of said claim, and Distributor or Supplier shall repair or replace, at Distributor's or Supplier's discretion, any aircraft components sold by Distributor and Supplier which are determined by Distributor or Supplier to be defective in materials or workmanship.
16. Distributor and Supplier shall be liable for latent manufacturing defects of material that could not be determined by reasonable inspection, provided, however, that any claim of latent defective aircraft component is presented in writing within ten (10) days of the date of delivery. In addition, said aircraft component claimed to be defective must be received by Distributor or Supplier no later than ten (10) days from the date of the claim. Any action brought upon this warranty or against Distributor must be brought within ten (10) days of the date of delivery and any subsequent litigation must be filed and pursued in a court within the state of Maryland.
17. In no event shall the Purchaser be entitled to damages greater than a refund by Distributor of the total purchase price upon return of the goods and determination that the same are defective.
18. DISTRIBUTOR AND SUPPLIER MAKE NO WARRANTY OF MERCHANTABILITY OF THE AIRCRAFT COMPONENTS OR WARRANTY OF FITNESS OF THE AIRCRAFT COMPONENTS FOR ANY PURPOSE, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, AIRWORTHINESS OF ANY ASSEMBLED AIRCRAFT COMPONENTS, NOR DOES DISTRIBUTOR OR SUPPLIER MAKE ANY OTHER EXPRESS OR IMPLIED WARRANTY WITH RESPECT TO COMPONENTS SOLD EXCEPT AS STATED ABOVE.
19. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER WRITTEN, ORAL OR IMPLIED, PREVIOUSLY MADE BY DISTRIBUTOR, ITS AUTHORIZED REPRESENTATIVE OR AGENT.
20. It may be necessary for the Distributor to communicate to the Purchaser and operator information relating to aircraft safety, such as changes in design, construction or operating procedures. Purchaser agrees to advise Distributor of any change of address or ownership of the aircraft, constructed from components purchased herein, whether completed or not, and, in the event of sale, to furnish the complete name and address of the new owner.
21. Each paragraph or clause herein shall be valid and effective independent of the validity of any or all other paragraphs or clauses.
22. This contract contains all of the representations and agreements between the parties hereto. No modification of this contract shall be binding upon Distributor unless agreed to expressly in writing by an authorized representative of Distributor.
23. This contract shall be effective upon execution below by Purchaser or by authorized representative of Purchaser. Purchaser hereby acknowledges that he/she has read and understands the whole of this agreement, and further agrees to and acknowledges the inherent hazardous nature of the goods he/she is purchasing. Purchaser assumes the full responsibility for risk of use of the aircraft components and to hold Distributor and Supplier harmless for any and all consequences of any accident.
Signed by PURCHASER this ________ day of ____________________
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