DMI AVIATION SALES CORP.
TERMS AND CONDITIONS OF SALE
Effective Date: 6/26/2025
1. Definitions
“Agreement” means any contract between DMI Aviation Sales Corp. (“DMI”) and the Customer for the sale of Goods or provision of Services incorporating these Terms and Conditions.
“Customer” means any individual, company, or other legal entity that purchases Goods or Services from DMI.
“Goods” means any aircraft tires, retreaded tires, components, or materials sold by DMI.
“Services” means any maintenance, retreading, storage, logistics, or other services provided by DMI.
“Parties” means DMI and the Customer collectively.
“Terms” means these Terms and Conditions of Sale.
2. Application of Terms
All sales of Goods and Services are subject exclusively to these Terms. Any additional or conflicting terms provided by the Customer are rejected unless explicitly agreed to in writing by DMI.
3. Orders and Acceptance
All orders are subject to acceptance by DMI. An order becomes binding only upon DMI’s written confirmation or shipment of Goods. DMI reserves the right to refuse or cancel orders at its discretion.
4. Pricing and Payment Terms
All prices are in U.S. Dollars and exclusive of applicable taxes, duties, and shipping unless otherwise stated. Payment is due per the terms specified on the invoice. Time is of the essence. Late payments are subject to interest at 2% per month or the maximum rate permitted by law.
5. Retention of Title and Risk of Loss
Risk of loss transfers to the Customer upon delivery to the carrier (FOB Origin, Medley, FL). Title to Goods remains with DMI until full payment has been received.
6. Delivery
Any delivery dates provided are estimates only and not guaranteed. DMI is not liable for delays beyond its control, including supplier delays, customs holdups, or force majeure events.
7. Returns and Cancellations
Returns or cancellations are accepted only with DMI’s prior written consent. Authorized returns may be subject to a restocking fee of up to 20%. Refunds for approved returns will be processed within 7 days after the returned goods are received and inspected by DMI. The return window is 180 days.
8. Storage of Goods
At Customer request, DMI may store Goods. Storage fees of 10% per month (or pro rata) based on the value of the Goods may apply. Title and risk transfer as outlined above.
9. Warranty
New and Serviceable Goods are warranted per the manufacturer’s standard warranty. DMI warrants that retreaded tires and Services will be free from defects in material or workmanship for 180 days from delivery. This warranty does not cover:
- Misuse or improper installation
- Use outside of manufacturer specifications
- Alterations or repairs not performed directly by OEM’s
- Continued use after a defect becomes apparent
DMI’s liability is limited to repair, replacement, or refund at its sole discretion.
10. Export Compliance
Customer agrees to comply with all U.S. export control laws and regulations. Customer shall not resell or re-export any Goods to countries subject to U.S. sanctions or embargoes, including but not limited to Russia, Iran, North Korea, Cuba, and Syria.
11. Limitation of Liability
DMI’s total liability under any claim shall not exceed the purchase price of the specific Goods or Services in dispute. DMI is not liable for indirect, incidental, punitive, or consequential damages, including lost profits or business interruption.
12. Termination
DMI may terminate any Agreement immediately if:
- Customer fails to pay on time
- Customer breaches these Terms
- Customer becomes insolvent or declares bankruptcy
Upon termination, DMI may retain, store, or sell any Goods in its possession and apply proceeds to amounts owed.
13. Intellectual Property
Customer agrees not to remove or alter any trademarks, serial numbers, or proprietary markings on the Goods. No license or rights in DMI’s intellectual property are granted under this Agreement.
14. Governing Law and Dispute Resolution
This Agreement is governed by the laws of the State of Florida. Any dispute shall be subject to the exclusive jurisdiction of the state and federal courts located in Miami-Dade County, Florida.
15. Miscellaneous
- Entire Agreement: These Terms constitute the full agreement between the Parties.
- Severability: If any provision is invalid, the rest remain in effect.
- No Waiver: A failure to enforce any part of these Terms does not waive future enforcement.
- Assignment: Customer may not assign its rights without DMI’s written consent.
16. Contact
DMI Aviation Sales Corp.
8255 NW 70th Street
Miami, FL 33166, USA
info@dmiaviation.com
+1 (305) 418-4727
