Introduction to Airfield Trader
Airfield Trader (Airfield Trader, we, or us), is a solutions provider for the sale of used airfield equipment, parts and other assets.
Except for certain sales in which Airfield Trader has purchased for its own account and is reselling Assets as a seller on the Site, or where Airfield Trader has expressly agreed in writing to act as an agent on behalf of a seller to sell on a consignment basis, Airfield Trader simply provides marketplace services and Airfield Trader does not own, sell or transfer title to the Assets. The actual contract for sale is directly between the buyer and the seller.
Unless otherwise noted in your Agreement, the below terms and conditions will apply to all sales of equipment and parts through the Marketplace. All references to "Equipment or Assets" in this Section shall refer to equipment that the Seller is listing for sale through Airfield Trader.
Any issues in use of our Site or our Services should be directed to Customer Service, as follows: firstname.lastname@example.org
Notice. Our resident agent for service of process is Team Eagle Ltd., whose address is 10 Trent Drive, Campbellford, Ontario, Canada K0L 1L0; Email: email@example.com.
Rules for use
- You must register on our Site and provide us a contact name, title, organization, and accurate and verifiable mailing and physical address, telephone number, email address, password and other requested information;
- You must be a real person, business or legal entity;
- If you are an individual, you must be at least eighteen (18) years of age and able to enter into a legal contract;
- If you are registering on behalf of a business or legal entity, you must have authority to enter into a legal contract on behalf of that business or legal entity;
- You may not copy, reproduce, reverse engineer, modify, create derivative works from, distribute, or publicly display any content from our Site or our Services;
- You may not transfer or otherwise provide your username and password to another third party without our consent; provided, however, a username and password for a business entity can be transferred among authorized employees of the same business entity;
- You may not engage in bribery, which Airfield Trader defines as giving or offering anything of value in exchange for any unfair economic advantage, and not receive from any employee of Airfield Trader anything of value in exchange for an unfair economic advantage;
- You must comply with all laws and regulations applicable to the purchase of the Assets and their later transport, use, resale or export; and
- You are responsible for all listings or purchases placed from your account
- You have no rights to display or use Airfield Trader tradenames, domain names, trademarks or service marks without our express written permission which Airfield Trader may withhold in our discretion.
- You acknowledge and agree that our Services, our Site and any software and information used in connection with our Site (Software) contain proprietary and confidential information protected by intellectual property and other laws. You further acknowledge and agree that any content on the Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
- You may not record, store, duplicate, reproduce, re-broadcast or otherwise exploit any data or audio/video content transmitted to you as part of our Services or your use of the Site (collectively, Listing Data). Airfield Trader owns all right, title and interest in, or have a valid sublicense in, all Listing Data.
- Airfield Trader may: (1) gather transaction data from sellers, buyers, including you, to improve its marketplaces and its Services; and (2) compile, collect, copy, modify, publish, display, distribute and use aggregate transactional and performance data related, generated from or based on the sale and purchase of Assets on the Site for Airfield Trader analytical and other business purposes; provided, however with either (1) or (2) that Airfield Trader will not identify you as the source of such information to any third party. In the event of a sale of a marketplace or its assets to a third-party purchaser, Airfield Trader may transfer Listing Data and information related to your account if you have purchased Assets on that marketplace. Listing Data includes all such transaction and aggregate transactional data.
Limitation on Liability
To the extent permitted by applicable law, Airfield Trader and Team Eagle (including our officers, directors, employees and agents) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, damage to goodwill or reputation, lost profits, attorneys fees, intangible losses or any special, indirect, incidental, punitive or consequential damages) resulting directly or indirectly from:
- Your use of or your inability to use our Services or Site;
- Pricing, shipping or other guidance provided by us;
- Delays or disruptions in our Services or Site;
- Viruses or other malicious software obtained by accessing, or linking to, our Services or Site;
- Glitches, bugs, errors, or inaccuracies of any kind in our Services or Site;
- Damage to your hardware device or other computer systems or software from using any of our Services or Site;
- A suspension or other action taken regarding your account;
- Your need to modify practices, content, or behavior or your loss of or inability to do business, because of changes to these Buyer Terms, our Services or Site;
- Your inability to import or export Assets, or fines or costs incurred related to the import or export of Assets.
- Any act or omission of a third-party, including without limitation third-party sellers; or
- Any dispute between you and a third-party seller, including claims relating to Assets sold by such third-party seller on our Site.
You release Airfield Trader (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, agents) from claims, demands and damages (actual damages, damage to goodwill or reputation, lost profits, attorneys fees, intangible losses or any special, indirect, incidental or consequential damages) of every kind and nature, known and unknown, arising out of or connected with the above. Further, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. Regardless of the previous paragraphs, if Airfield Trader is found to be liable for any reason, our liability to you or to any third party is limited to the price the Asset sold for on one of our marketplaces on our Site (including any applicable sales tax) and its original shipping costs.
Disclaimer of Third Party Content
While Airfield Trader may provide links to third party sites and services on our Site, they are provided to you solely for informational purposes. You agree that Airfield Trader is not responsible or liable for (a) the availability or accuracy of such sites, services or resources; (b) the content, advertising or products on or available from such sites or resources; or (c) the privacy policies and data collection, use or retention practices of such sites. The inclusion of any link on our Site does not imply that Airfield Trader endorse the linked site. You use such links solely at your own risk.
Communication & Notices
Electronic Communications. When you use any of our Services, or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. Airfield Trader will communicate with you by email or posting notices on our Site or through the other Services provided through our marketplace. You agree that all agreements, notices, disclosures and other communications that Airfield Trader provide to you electronically satisfy any legal requirement that such communications be in writing.
Welcome to Airfield Trader. By registering as a buyer on our website (the Site) or using the Services, you agree that you have read, understand and accept these Buyer Terms and Conditions (the Buyer Terms). The Buyer Terms govern: (i) purchasing Assets, (ii) transaction settlement and other related services (Services), and (iii) any disputes arising from our Site or Services. Airfield Trader may amend these Buyer Terms at any time by posting the changes on our Site. Your continued use of this Site or our services after our posting of any changes will constitute your acceptance of such changes.
Each specific sale of Assets includes additional terms specific to that sales event that are described in the listing of the Assets (each a Listing). Each Listing incorporates by reference these Buyer Terms. The more stringent or specific additional terms and conditions of a Listing take priority over these Buyer Terms, if a conflict arises between them, except to the extent such additional terms and conditions adversely affect Airfield Trader or would result in a breach of these Buyer Terms.
If you make a purchase, you agree to make payment for the total transaction, including shipping costs, any other amounts specified in the Listing, and all taxes due, if applicable.
1.1 Timing of Payment. Unless otherwise stated in the Listing or stated in separate written agreement with us, you must make payment in full within the time set by the Marketplace. There will be no extensions of the payment period granted.
1.2 Set-Offs. Airfield Trader reserves the right to set-off any fees or other amounts you owe us for any reason from any of your funds in our possession or that are paid or received from you for one or more purchases of Assets.
1.3 Holds. Airfield Trader reserves the right to restrict access to funds in your account based on certain factors, including, but not limited to, transaction history, performance, riskiness of the Listing category, government inquiry or investigation, our investigation of an alleged breach of these Buyer Terms or a breach by the seller of its agreement with us, or a dispute.
1.4 Currency of Payment. Payments must be made in U.S. or Canadian dollars.
1.5 Forms of Payment. Unless otherwise specified in a Listing or on a marketplace on our Site, acceptable forms of payment include VISA, MasterCard, or bank wire transfer.
1.6 Credit Cards. Airfield Trader reserves the right to charge a minimum $25.00 fee for any rejected credit card transaction.
1.7 Charge-Backs. If you attempt to rescind a credit card transaction without our express advance written consent (i.e., a charge-back), then Airfield Trader may immediately and permanently de-activate your account in our discretion. If you perform a charge-back after receiving the Assets, Airfield Trader may file charges with the appropriate law enforcement agency, and reserve the right to pursue all remedies available to us to recover any incurred damages.
1.8 Liquidated Damages for Failure to Pay. Without limiting the foregoing, Buyers will be held liable for any expenses, legal fees, court costs, and other damages incurred by us or the seller for the collection of fees or amounts not paid on the date they are due. If a Buyer does not pay all amounts due in respect of the Assets within the requisite time, the Buyer forfeits all rights to the Asset.
- Inspection of Assets
2.1 Inspection. Some Listings permit inspection prior to ordering. Sometimes, inspection requires an advance appointment or viewing Assets at specified public viewing times. Most Assets offered for sale are used and may contain defects. If you order without having inspected the Assets, you do so at your own risk. In the event, you are permitted to inspect the Assets, you must file a dispute onsite prior to removal of the Assets, regardless whether you or a third-party carrier picks up the Assets or arranges transportation. No disputes will be processed after removal of the Assets from the site by you or a third-party carrier.
2.2 Personal and Property Risk. Persons attending during exhibition, inspection or sale of Assets assume all risks of damage of or loss to their person and property and specifically release the seller and Airfield Trader from any liability.
- Delivery of Assets
3.1 Shift of Risk of Loss and Title Transfer. Unless specified otherwise in a Listing, delivery of the Assets is Ex Works the location of the Assets (Incoterms 2010) and title to the Assets will transfer to the buyer following receipt of all funds and upon removal of the Assets from the facility where the Assets are located. Buyer is responsible for all title, registration, freight and transportation costs.
3.2 Removal of Purchased Property. You agree to remove Assets purchased by you from the facility where the Assets are located within the time frame specified in the Listing or, if no time frame is specified, within the time set by Airfield Trader. You may have to schedule an appointment in advance with the facility where the Assets are located and check the Listing for details. Airfield Trader must receive payment for Assets prior to their removal. If Airfield Trader or the seller voluntarily extend the removal period to accommodate your needs, you understand and accept that any liability and risk of loss does not rest with us or the seller, but is at your own risk. To the extent you do not want to limit your risk of loss you are responsible for insuring any risk of loss. Unless stated otherwise in a Listing, all Assets sold in lots include dunnage (cartons, pallets, shrink-wrap, bands, crates, etc.), and you must remove the entire lot. You are responsible for the disposal of your unwanted Assets and dunnage. You agree to defend and indemnify Airfield Trader and the seller against any claims brought by third parties related to your removal of any Assets. If you fail to remove the Assets by the time specified in the Listing, such Assets may be deemed abandoned.
3.3 Buyer Responsibility for Loading and Transportation. Unless otherwise agreed to between a seller and you, you are responsible for the removal and transportation of the Assets you purchase, including all costs and risks associated with removal. Your employees, agents and subcontractors are responsible for compliance with all federal, provincial, state, local and facility (the location where the Assets are located) security, environmental, safety and health laws and regulations while removing Assets purchased by you. You are responsible for any damage to property, including spills or releases of hazardous substances, which might occur during the removal process.
3.4 Buyer Required to Have Insurance Covering Loading and Transportation of Assets. To pick up the Assets, you and your agents must maintain adequate automobile and commercial general liability insurance, and minimum legally required workers compensation for your employees picking up the Assets. Upon request, you will provide us and/or the seller with proof of such insurance and, upon request, you will name us and/or the seller as an additional insured to your policies.
3.5 Personal and Property Risk. If you bring third parties to attend or assist in the removal of Assets, you assume all risks of damage of or loss to their person and property and specifically agree to defend and indemnify the seller and Airfield Trader from any and all liability for such risks.
3.6 Abandoned Assets. Airfield Trader is not responsible for Assets not removed within the removal period specified in the Listing, or by us. If the Assets are not removed within the specified removal period and you have not received written confirmation of an extension to such removal period from us or the seller, Airfield Trader will consider that you have breached these Buyer Terms and abandoned the Assets. Accordingly, you will have abandoned all right, title and interest in the Assets, including their purchase price. Airfield Trader will provide you a notice of breach of the Buyer Terms and if such breach is not cured within five (5) business days, Airfield Trader may dispose, resell or destroy any abandoned Assets at your cost and expense without obligation to refund any previous payments for the Assets. Airfield Trader is also entitled to charge you additional storage and handling fees for each day after your scheduled removal date.
- Disclaimer of Warranties
4.1 Our Services. Airfield Trader tries to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services or our Site. Order update and other notification functionality in our applications may not occur in real time. Such functionality is subject to delays beyond our control.
YOU AGREE THAT YOU ARE MAKING USE OF OUR SERVICES AT YOUR OWN RISK, AND THAT OUR SERVICES ARE BEING PROVIDED TO YOU ON AN AS IS AND AS AVAILABLE BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, AIRFIELD TRADER EXCLUDE ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
5.2 Assets. UNLESS EXPRESSLY STATED OTHERWISE IN WRITING IN A LISTING, IF YOU PURCHASE ASSETS OR ORDER ASSETS, YOU AGREE TO ACCEPT SUCH ASSETS AS IS, WHERE IS AND WITH ALL FAULTS. UNLESS EXPRESSLY STATED IN WRITING IN THE LISTING, AIRFIELD TRADER AND OUR SELLERS DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE ASSETS, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE ASSETS ARE FREE FROM LATENT DEFECTS. AIRFIELD TRADER MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE QUALITY, NATURE, CONDITION OR COMPOSITION OF THE ASSETS OR REGARDING THE COMPLIANCE OF THE ASSETS WITH THE REQUIREMENTS OF ANY SPECIFICATIONS, LAWS OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR THE ASSETS ABILITY TO ACHIEVE THE RESULTS YOU INTEND. AIRFIELD TRADER DISCLAIM ANY WARRANTY OR OTHER OBLIGATION ON ACCOUNT OF ANY CLAIM OF INFRINGEMENT OR MISSAPPROROIATION OF PATENTS, COPYRIGHTS, OR OTHER INTELLECTUAL PROPERTY RIGHTS IN CONNECTION WITH THE ASSETS.
YOU WAIVE ANY AND ALL CLAIMS AGAINST US AND THE SELLER FOR DAMAGES, LOSSES, COSTS, INJURIES, PENALTIES, EXPENSES, ATTORNEYS FEES AND LIABILITIES OF WHATEVER NATURE WHETHER IN TORT, CONTRACT, WARRANTY OR STRICT LIABILITY (COLLECTIVELY, SPECIFIED CLAIMS). UNDER NO CIRCUMSTANCES IS AIRFIELD TRADER RESPONSIBLE FOR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES TO YOU OR ANY OTHER PARTY. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US AND, EXCEPT TO THE EXTENT A SELLER HAS PROVIDED AN EXPRESS WARRANTY IN THE LISTING, THE SELLER HARMLESS FROM AND AGAINST ANY AND ALL SPECIFIED CLAIMS. UNLESS OTHERWISE STATED IN A LISTING, PHOTOGRAPHS, VIDEO, AND WRITTEN DESCRIPTIONS ARE NOT INTENDED AS REPRESENTATIONS, BUT ARE PROVIDED SOLELY TO AID YOU IN DETERMINING WHICH LISTINGS YOU WISH TO PHYSICALLY INSPECT.
- Defense and Indemnity
You will defend, indemnify and hold us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Buyer Terms, your improper use of our Services or our Site, your subsequent sale, use or handling of the Assets, or your breach of any law or the rights of any third party.
- Disputes Among Buyers and Sellers
6.1 Airfield Trader Arbitrates Disputes Among Users. As a general rule, an order is final. Airfield Trader will not adjust orders after a sales event is closed unless Airfield Trader determines in our discretion that the integrity of a sales event was materially compromised. The dispute resolution process is provided to sellers and buyers as a service, while the contract of sale remains between the seller and buyer.
6.2 Claims for Incorrect or Inaccurate Description When Inspection Is Permitted. If a Listing expressly provides that prior inspection of the Assets is permitted, you must make a claim for any incorrect or inaccurate Listing description of the Assets prior to the removal of the Assets, regardless of whether you or a third party carrier picks up the Assets or arranges transportation. You, your carriers, shipping companies or agents are responsible for unit count of the Assets and verification of Assets purchased at the time of removal. If the Assets are not acceptable for any reason, do not remove them. Once the Assets are removed, you waive any rights to make a claim.
6.3 Limited Claims for Incorrect or Inaccurate Description when Inspection is not Permitted. In limited circumstances, our sellers only permit inspection on your receipt of the Assets after their shipment. This may occur where there is no inspection permitted by the seller and the seller or Airfield Trader coordinate shipping of the Assets directly to you. In such circumstances, you must make a claim for any incorrect or inaccurate Listing description of the Assets within three (3) business days after delivery of the Assets to you. Thereafter, your right to make a claim expires. Our customer service department accepts and reviews legitimate claims solely as a service. Airfield Trader is not responsible or liable for any Assets, or Listings of third party sellers. Where you have a legitimate claim, refunds or returns of merchandise must be approved by our customer service department. All decisions of the customer service department are final. Any attempt to rescind a payment or return Assets prior to an authorization by Airfield Trader will cause a delay of claim resolution and may adversely affect your ability to transact additional business. Unauthorized returns will be refused at delivery. When a return is authorized, Airfield Trader or the seller will perform a full inspection of all Assets upon return and units must be the same as when shipped out to you (including serial numbers, accessories, etc.) to be eligible for a full refund. Title to Assets remains with you until the returned Assets are accepted by Airfield Trader or the seller. As a buyer, you agree that Airfield Trader is not responsible for examining or warranting any Listing or content provided by third parties and you will not hold us liable for any inaccuracies.
6.4 Unit Price Transactions and Variances. When Assets are sold on a unit price basis, a seller may reserve the right to vary the quantity delivered by a percentage explicitly disclosed in the Listing. In such cases, you agree to accept any quantity within the disclosed variance limits. Outside these limits, the purchase price will be adjusted upwards or downwards under the quantity actually delivered and accepted by you. You must cooperate and provide all applicable documents to our customer service department in the event of a dispute regarding variances.
- Legal Disputes – Make Canadian
7.1 Governing Law. For disputes between you and Airfield Trader entity, these Buyer Terms will be governed by the laws of the State of Maryland without regard to the conflict of law rules of such state. The United Nations Convention on Contracts for the International Sale of Goods do not apply. The terms of the MCITA apply.
7.2 Jurisdiction. Venue for all disputes arising under or related to these Buyer Terms will be the state or federal courts located >in Montgomery County in the State of Maryland, United States. Each party irrevocably consents to the jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding and irrevocably waives, to the fullest extent permitted by law, any objection that it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Process in any such suit, action or proceeding may be served on any party anywhere in the world, whether within or without the jurisdiction of any such court.
7.3 Waiver. Our failure to exercise or enforce any right or provision of these Buyer Terms will not be deemed a waiver of such right or provision. Any waiver of any right, provision, term or condition must be in writing, signed by our authorized representative and be effective only for the instance specified in writing.
8.1 Tax. All bids and orders are made net of any taxes imposed with respect to the purchase. You are liable for all such taxes or for establishing a valid exemption certificate from such taxes. You acknowledge and agree that Airfield Trader is providing a service in the calculation, reporting and remittance of sales or use taxes for transactions that arise in connection with your use of the Site, and you ultimately remain liable for any sales or use tax liability. Airfield Trader is not obligated to refund sales tax due to late submission of sales tax exemption documentation.
- Environmental Responsibility
Certain Assets may have components, parts, constituents or ingredients that may be corrosive, reactive, and ignitable or exhibit other hazardous or toxic properties. You are cautioned to use and ultimately dispose of any hazardous components or constituents according to all applicable laws and regulations in a manner safe for the public and the environment.
Certain Assets or components of Assets may contain residual chemicals, friable asbestos, petroleum products and ozone depleting substances or other hazards. You acknowledge and agree that Airfield Trader is not responsible for providing documentation or certification regarding the identification or status of these substances.
Buyers must comply with all environmental laws when disposing of Assets, including all laws related to waste disposal, air emissions, discharges, toxic substances and hazardous waste disposal. If you dispose of consumer electronics purchased through our Site or Services, you must dispose of such electronics using a certified electronics recycler and failure to do so may subject your account to restriction and even deactivation, and other legal or equitable remedies that may be available to us.
10.1 Severability. If any provision of these Buyer Terms is held to be invalid, void or for any reason unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
10.2 Assignability. In our discretion, Airfield Trader may assign your account and these Buyer Terms in whole or in part to any purchaser of a marketplace or all or a portion of our business. Users may not assign these Buyer Terms or their account without our prior written consent.
10.3 Amendments. Airfield Trader may amend these Buyer Terms (including any document incorporated by reference) at any time by posting the amended terms on our Site. Our right to amend these Buyer Terms includes but is not limited to the right to modify, add to, or remove terms in these Buyer Terms. All amended terms will automatically be effective after they are posted on our Site. Your continued use of the Site after our posting of any amendment will constitute your acceptance of such changes. Changes to these Buyer Terms will be effective from the time they are placed on our Site. You will not receive any other notice of a change in these Buyer Terms outside of posting updates to these Buyer Terms displayed on our Site.
10.4 Force Majeure. Except for the obligation to pay amounts due to the other party, neither party to these Buyer Terms will be liable for any delay or failure to comply with its obligations under these Buyer Terms if such delay or failure results from circumstances beyond its control. Neither party will be considered in breach of these Buyer Terms to the extent that any of its respective obligations (excluding payment obligations) are prevented by a force majeure event that arises after the date an obligation is due to be performed. The term force majeure event means an event beyond the control of either party that prevents one party from complying with any obligations under these Buyer Terms, including, but not limited to, severe weather, war or hostilities, insurrection, riot or civil unrest, strike or other labor action, environmental contamination or release of radioactive, chemical or biological agent into the atmosphere, epidemic, pandemic, terrorist act(s), cyber-attack, outage with respect to a third party hosting service (e.g. Microsoft Azure or Amazon AWS) or similar events beyond the reasonable control of a party.
10.5 Records are the Users Responsibility. Airfield Trader does not guarantee the preservation or maintenance of records relating to your transactions or the Services. Airfield Trader encourages you to keep individual records and an accounting of all activity conducted through our Site.
10.6 Independent Contractors. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Buyer Terms.
10.7 Third Party Rights. A person who is not a party to these Buyer Terms has no right to enforce any term of these Buyer Terms. You acknowledge this includes no rights under the United Kingdom’s Contracts (Rights of Third Parties) Act 1999 or otherwise.
10.8 Service Provider. You acknowledge that Airfield Trader is entitled to subcontract any of our contractual obligations or assign any of our rights related to the provision of Services described to third parties selected by us.
10.10 Survival. The following Sections survive any termination of these Buyer Terms: Payments, Liquidated Damages for Failure to Pay, Intellectual Property Rights, Disclaimer of Warranties; Limitation on Liability; Defense and Indemnity, Disputes Among Buyer and Sellers and Legal Disputes.
10.11 Electronic Signatures in Global and National Commerce Act. Prospective buyers are notified by this statement that you consent to these Buyer Terms by using this Site and by clicking the electronic link indicating your agreement to be bound to these terms during registration on the marketplace, and you meet the requirements of the Electronic Signatures in Global and National Commerce Act (ESIGN), as amended. Changes to these Buyer Terms will be effective from the time they are placed on our Site. You will not receive any other notice of a change in these Buyer Terms outside of posting updates to these Buyer Terms displayed on our Site.
10.12 Airfield Trader Discretion. Any and all references in these Buyer Terms to actions, rights, decisions, options or waivers requiring our discretion shall mean the sole, absolute and unfettered discretion of Airfield Trader.
It is the policy of Airfield Trader and its affiliates (“we”) to comply with all applicable export control laws. Export control laws restrict certain types of information, technologies and assets that can be transmitted or transferred from one country to another or from individuals in one country to individuals in another country.
- Your purchased Asset may be subject to export restrictions including, but not limited to, the export control laws of the United States, European Union, or other applicable laws. Your purchased Asset may not be eligible for export to your intended destination, or from the country where the Asset is located to any destination, without prior authorization (e.g., export license) from the applicable government. You accept and expressly assume full responsibility for determining licensing requirements and obtaining license authority for the export or import of any Asset you purchase. Diversion of your purchased Asset contrary to applicable law is prohibited.
- Assets will be subject to the export laws of the country in which Asset is located
- Assets may also be subject to the export laws of other countries, depending on the country of manufacture. For example, Assets manufactured in the U.S. are subject to U.S. laws regardless of the location of the sale.
- All Assets are sold ex works. If you wish to ship Assets to a country other than the location of the Asset at the time of sale (“export”), you or your agent will be the exporter from the country of sale and the importer in the destination country. Airfield Trader is not the exporter or importer and will not be identified as the exporter or importer on any shipping or export documentation.
- You hereby expressly assume responsibility for determining licensing requirements and obtaining license authority under all applicable export control laws and regulations. If you are not located within the country where the sale occurs, it may be necessary for you to designate an agent by Power of Attorney within the country to be responsible for the export. You hereby expressly agree to take with reasonable diligence all such actions as may be necessary to affect the release of the Assets to you or your agent. You hereby acknowledge and agree that the sale will be cancelled unilaterally by Airfield Trader without prior notice and you will immediately forfeit any and all rights in the purchased Assets, including any monies paid to Airfield Trader, if Airfield Trader discovers, knows, or has reason to know that you or your agent will violate applicable law.