Unless otherwise specifically agreed to in writing and signed by an authorized employee of Somma Aero Inc. (Somma.Aero), the following terms and conditions of sale (“Agreement”) apply to all sales of products (“Products”) from Somma.Aero to Buyer. Any different or additional terms and conditions proposed by Buyer in its purchase order or otherwise are hereby objected to by Somma.Aero. Buyer’s consent to this Agreement is conclusively presumed from Buyer’s failure to reasonably object in writing and from Buyer’s acceptance of all or part of the Products ordered.
This Agreement represents the entire agreement between the parties, and all prior or contemporaneous proposals, negotiations, representations, or agreements—whether verbal or written—are canceled and superseded by this Agreement.
1. PRICES
All quotations are made for immediate acceptance and are subject to change without notice before acceptance. All sales by Somma.Aero are EXW (Incoterms 2010) vendor’s warehouse dock unless otherwise specified in writing by Somma.Aero or on its website.
Prices are stated in U.S. Dollars and do not include shipping charges, sales, use, excise, or similar taxes. Buyer shall pay any tax or governmental charge imposed on the production, sale, shipment, or use of the Products unless Buyer provides a valid exemption certificate acceptable to the taxing authority.
2. PAYMENT
Unless Somma.Aero’s credit department has extended written credit terms, payment terms are as listed at checkout on the Somma.Aero e-commerce platform.
3. TERMS OF DELIVERY AND ACCEPTANCE
Except as otherwise stated, Somma.Aero will coordinate with the Vendor or Supplier for shipment. Title and risk of loss pass to Buyer upon delivery (EXW Incoterms 2010) at the Vendor’s dock, even if Somma.Aero assists with shipping. Somma.Aero is not responsible for loading, shipping insurance, or freight charges.
If a supplier drop-ships directly to Buyer, delivery shall be deemed EXW at the supplier’s facility. By accepting the Product, Buyer agrees it is free of defects that a reasonable inspection would disclose.
Products shall be packaged per reasonable commercial standards for one-way shipment by air or ground.
4. DATE OF SHIPMENT
Shipping dates are estimates only. Somma.Aero shall not be liable for delays or damages arising from failure to ship on estimated dates.
5. CANCELLATION OR RETURN BY BUYER
Orders may not be modified or canceled except in writing signed by Somma.Aero, the Vendor, and Buyer. In case of cancellation, Buyer shall pay termination charges based on costs incurred plus reasonable profit. Written consent is required before returning Products for credit.
5.1 Orders Exported to Brazil
For sales delivered in Brazil, Buyer has seven (7) days from receipt to rescind the purchase per local consumer policy. Applies only to online purchases shipped to Brazil.
5.2 All Other Countries
All other sales follow paragraph 5.
6. FORCE MAJEURE
Somma.Aero shall not be liable for any delay or failure due to acts of God, Buyer’s actions, labor disputes, fire, flood, war, embargo, shortage, or any cause beyond reasonable control.
7. DISCLAIMER OF WARRANTY
Buyer acknowledges Somma.Aero acts solely as a marketplace and reseller of Products manufactured or supplied by third parties.
Somma.Aero makes no warranties, express or implied, including merchantability, fitness for a particular purpose, course of dealing, or usage of trade. Buyer shall look solely to the manufacturer’s warranty, if any.
8. EXCLUSIVITY OF REMEDY AND LIMITATION OF LIABILITY
If Buyer claims Somma.Aero breached any obligation, Somma.Aero may request return of the Products and refund the purchase price. This shall be Buyer’s exclusive remedy.
In no event shall Somma.Aero be liable for indirect, incidental, or consequential damages, damage to aircraft, loss of use, or damages exceeding the purchase price of the Product, regardless of theory (warranty, negligence, strict or product liability).
9. GOVERNING LAW AND VENUE
This Agreement is governed by Florida law, excluding conflict-of-law rules and the U.N. Convention on Contracts for the International Sale of Goods. Any claim must be brought within one (1) year after the cause of action accrues.
Venue shall be courts of competent jurisdiction in Brandon, Florida, USA.
10. U.S. AND INTERNATIONAL TRADE CONTROL LAWS
Buyer shall comply with all applicable export, import, and sanctions laws. Buyer shall not export, re-export, or divert Products except as U.S. laws permit.
Somma.Aero may revoke acceptance if Buyer appears on the U.S. Department of Commerce Entity List or similar sanctions list.
Trade data provided by Somma.Aero is informational only and not intended for Customs business. Buyer acknowledges routed export transactions per 15 C.F.R. §§ 30.1 and 772.1 and shall provide required authorizations and copies of AES filings upon request.
11. TRANSPORTATION SECURITY REQUIREMENTS
Buyer shall ensure its agents (including freight forwarders) comply with all applicable transportation-security regulations and provide proper identification when collecting goods.
12. INSTALLATION AND APPLICATION AT BUYER’S RISK
Buyer acknowledges and agrees that Somma.Aero does not perform engineering evaluations, airworthiness determinations, maintenance, or installation services.
All decisions regarding installation, applicability, and airworthiness acceptance are the sole responsibility of the Buyer and must be made by a qualified FAA-certified mechanic, A&P, or approved maintenance organization.
Somma.Aero assumes no responsibility or liability for any damages, accidents, losses, or injuries resulting from the installation, testing, or use of the Products by Buyer or third parties.
13. ACCEPTANCE AND INSPECTION
Buyer is solely responsible for inspecting all Products upon receipt and determining acceptability for installation or use.
Installation or use constitutes final acceptance that the Product is fit for Buyer’s intended purpose. Claims for incompatibility or misapplication shall not be grounds for refund or liability.
14. WARRANTY AND CONDITION OF PRODUCTS
(a) New Products: All new Products carry only the manufacturer’s original warranty, if any. Somma.Aero provides no warranty of its own. Buyer’s exclusive remedy for defective Products is under the manufacturer’s policy.
(b) Used, Surplus, or As-Removed Products: All used, surplus, overhauled, or as-removed items are sold “AS IS”, “WHERE IS”, AND “WITH ALL FAULTS.”
Somma.Aero disclaims any warranty, express or implied, including merchantability, fitness, or airworthiness. Buyer accepts all risks associated with such Products.
15. CRITICAL PARTS DISCLAIMER
Certain Products sold by Somma.Aero may constitute “aircraft critical parts”, including but not limited to ignition systems, avionics, flight-control components, or other safety-related parts.
Use or installation of such parts in aircraft or flight systems is entirely at Buyer’s risk.
Somma.Aero shall not be liable for any claim, damage, injury, or loss—including property damage to aircraft, loss of use, or consequential damages—arising out of or related to such Products, even if advised of the possibility of such damages.
16. INDEMNIFICATION
Buyer agrees to defend, indemnify, and hold harmless Somma.Aero, its officers, employees, and affiliates against any and all claims, liabilities, losses, and expenses (including attorneys’ fees) arising out of:
Buyer’s installation, handling, or use of the Products;
Any subsequent resale, export, or representation of the Products;
Any regulatory or FAA/EASA violation by Buyer; or
Any injury, damage, or loss connected to the Products after delivery.
This clause survives delivery, acceptance, and payment.
17. LIMITATION PERIOD
Any legal action or claim against Somma.Aero arising from or related to the sale, condition, installation, or use of any Product must be filed within one (1) year from the date of sale.
18. REFUNDS AND RETURNS POLICY
Refunds are processed only for defective items (not disclosed as such) or mistaken purchases. Items must be returned for evaluation before any refund.
A 20% restocking fee applies to all non-defective returns. Shipping and payment-processing fees are non-refundable.
Refunds for approved cases will be credited to the original payment method within a reasonable period. Sale items are non-refundable.
18.1 30-Day Return Option (Used Items – When Stated on Product Page)
For certain used or surplus Products, Somma.Aero may offer a 30-day return option only if explicitly noted on the product page description.
This option applies solely when the item fails the Buyer’s initial inspection upon delivery.
To qualify, the Product must:
Be returned within 30 days of delivery;
Be intact, unopened, undamaged, and in the same box and packaging in which it was received; and
Include all original documentation, tags, and certifications (if any).
Products that have been opened, altered, or damaged will not be eligible for return under this provision.
Acceptance and inspection of the item constitute final acceptance of its condition and airworthiness for Buyer’s intended use.
19. SHIPPING RETURNS
Returns must be shipped to the Vendor or Supplier address, unless otherwise instructed. Buyer bears all return shipping costs and risks.
20. CUSTOMER SUPPORT
For any questions, please contact info@somma.aero.