These terms and conditions of sale (“Sale Terms”) apply to all purchases of any products and/or services from Jeppesen GmbH ("Jeppesen”) through www.jeppdirect.com (the “Sites”), except to the extent that you (“Buyer”) have entered into a separate written agreement with Jeppesen that supersedes some or all of these Sale Terms. These Sale Terms are subject to change without prior written notice at any time, in Jeppesen’s sole discretion. By placing an order for products through the Sites, Buyer agrees to be bound by and accept the Sale Terms in effect at the time of such order. Any different or additional terms and conditions proposed by Buyer during the purchase process (e.g. in your purchase order), are hereby rejected by Jeppesen, and except as specifically provided in any separate written agreement between Buyer and Jeppesen, these Sale Terms may NOT be altered, supplemented, or amended by the use of any other document(s). All sales are expressly conditioned upon Buyer’s agreement to these Sales Terms. These Sales Terms represent the entire agreement of the parties and all proposals, negotiations, representations or agreements made or entered into prior to or contemporaneously with this sales agreement, whether verbal or written, are excluded.

 

1.         PRICES.

A.   Prices are subject to change without notice. Special prices may be limited to purchases from the Sites and quantities in stock. Prices are stated in Euro.

B.   For shipments to a place located within the European Union (“EU”), the following applies: Jeppesen will charge value added or similar taxes (“VAT”) of the destination country on all products and services delivered within the EU.

C.   If your shipping address is outside of the EU, Jeppesen will not charge VAT. You may be subject to local taxes, import, customs and/or similar duties for which you carry sole responsibility. Customs policies are different in every country; therefore, you should contact your local customs office for more information. Please be aware that you are the responsible importer when the destination of the shipment is outside the EU and it is your responsibility to comply with all applicable laws and regulations of the country in which you are receiving the goods and/or services.

D.   Changes in tariffs or shipping charges used in determining delivered prices that occur after the order and on or prior to the date the products are delivered to the carrier will be for the account of Buyer. In such event, Jeppesen will contact Buyer and Buyer will have an opportunity to confirm the order.

 

2.         PAYMENT. Jeppesen accepts Visa and MasterCard credit cards as the only method of payment for products purchased through the Sites..

 

3.         ACCEPTANCE, TERMS OF SHIPMENT. Buyer’s order shall be deemed accepted by Jeppesen at the time the products are delivered to the carrier.  Jeppesen endeavors to deliver all orders for in stock items to the carrier for shipment within 2-3 business days, but it shall not be responsible for any delay or any damage arising therefrom. All orders are shipped FCA Shipping Point (Incoterms 2000).  Title to and risk of loss for, the products passes to Buyer upon delivery to the carrier at the shipping point. All shipping charges are the responsibility of the Buyer.  Jeppesen will endeavor to ship in accordance with shipment method Buyer selects when placing the order.  However, the Buyer grants Jeppesen the right to substitute another carrier of equal or lesser cost to deliver the order.  Shipping charges are subject to change, provided that if the actual shipping charge is more than the amount shown on the invoice, Jeppesen will contact Buyer with the correct shipping costs before processing the order, and Buyer will have an opportunity to confirm the order.

 

4.         YOUR ACCOUNT.  When you purchase from Jeppesen, an account will be created for you as part of the checkout process.  You are responsible for maintaining the confidentiality of your password and for restricting access to your password, and you agree to accept responsibility for all activities that occur under your account. For more information see the Web Site Terms of Use, Acceptable Use Policy and Privacy Policy.

 

5.         SEVERABILITY. In the event that any provision contained herein or any part thereof should prove null or void, the remaining provisions and/or its remaining part shall remain fully in force.

 

6.         PRODUCT AVAILABILITY.  Jeppesen may revise or discontinue products at any time without prior notice, and products may become unavailable even after an order is placed. 

 

7.        PRODUCT DESCRIPTIONS; PRICING; ERRORS.  Jeppesen attempts to be as accurate as possible and eliminate errors on the Sites.  However, Jeppesen does not warrant and/or guarantee that product descriptions, photographs, pricing, shipping charges or other content of the Sites is accurate, complete, reliable, current, or error-free.  If a product offered by Jeppesen is not as described or pictured, your sole remedy is to return it in unused condition for a refund.  In the event of an error, whether on the Sites, in an order confirmation, in processing an order or otherwise, Jeppesen reserves the right to correct such error and charge the correct price or cancel the order, and your sole remedy in the event of such error is to cancel your order.  

 

8.         FORCE MAJEURE. Jeppesen, THE BOEING COMPANY and their affiliates and subsidiaries shall not be liable for any failure to perform its obligations under this sales agreement resulting directly or indirectly from or contributed to by any acts of God, acts of civil or military authority, priorities, fire, strikes or other labor disputes, accidents, floods, epidemics, war, riot, delays in transportation, terrorism, lack of or inability to obtain raw materials, components, labor, fuel or supplies, or other circumstances beyond Jeppesen’s reasonable control. All sales shall be subject to the applicable export laws of the United States. Buyer shall not make any dispositions, re-exports or diversion of United States original products purchased from Jeppesen except as said laws may expressly permit.

 

9.         NOTICE SPECIFIC TO CHART SERVICES AVAILABLE ON THE SITES. Jeppesen’s chart services (the "Chart Services") have been developed to meet the need for a publication providing current information in the condensed form required for modern air navigation under instrument and visual flight conditions. Information contained in the copyrighted Jeppesen charts is also independently available from publications of the appropriate governing authority.

 

Certain charts are designed for use by experienced, instrument-rated pilots who must be thoroughly familiar and competent with the instrument navigation of aircraft, and the user is solely responsible for assuring that he or she is sufficiently experienced and qualified to use such charts. The user of the Chart Services should also be thoroughly familiar with the Introduction and Legend materials included within Jeppesen's Airway Manual Services. To obtain a copy of the Introduction and Legend materials, please contact Jeppesen at captain@jeppesen.com. Instrument procedures are designed, flight-tested, approved, authorized and prescribed by applicable governing authorities. In the United States, these flight procedures are incorporated into FAR Part 97 as regulations. Jeppesen does not design or flight-check any of these procedures, and Jeppesen has no authority to alter, modify, add to, or subtract from any flight procedure prescribed by a governing authority. Further, Jeppesen does not review or approve the adequacy, reliability, accuracy, safety or conformance with government standards of any government flight procedure, and it specifically has undertaken no such duty. Jeppesen's flight procedure charts simply depict in a graphic form convenient for the use of knowledgeable, instrument-rated pilots, the flight procedures exactly as designed, flight-tested and prescribed by government authorities. The Chart Services contain a wide variety of information useful to pilots that Jeppesen has obtained from many outside sources, including customers. Jeppesen has edited this source material, and has arranged and published it in a convenient, easy-to-use format. Jeppesen believes that the Chart Services accurately communicate the information obtained from this source material, but does not make any representation or warranty of any kid regarding the charts or the Chart Services except as expressly provided to the contrary in writing by Jeppesen.

 

10.        DISCLAIMER OF ANY WARRANTY FOR PRODUCTS NOT MANUFACTURED BY JEPPESEN. BUYER ACKNOWLEDGES THAT IT MAY BE PURCHASING SOME PRODUCTS FROM JEPPESEN IN JEPPESEN’S CAPACITY AS A DISTRIBUTOR OF SUCH PRODUCTS FOR THE MANFACTURERS OF SUCH PRODUCTS. FOR PRODUCTS NOT MANUFACTURED BY JEPPESEN, BUYER ACKNOWLEDGES THAT IT WILL SOLELY LOOK TO THE WARRANTY(S), IF ANY, PROVIDED BY THE MANUFACTURER AND THAT JEPPESEN MAKES NO WARRANTIES ON ITS OWN BEHALF WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT BY WAY OF LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE CONCERNING SUCH PRODUCTS, OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

 

11.        WARRANTYANDDISCLAIMER FOR JEPPESEN PRODUCTS.  PRODUCTS THAT CONTAIN A JEPPESEN TRADEMARK ("JEPPESEN PRODUCTS") ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY UNLESS AN EXPRESS WRITTEN WARRANTY IS PROVIDED WITH THE PRODUCT.  ANY WARRANTY THAT IS PROVIDED WITH THE PRODUCT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FORMSTATE TO STATE.  JEPPESEN PRODUCTS MAY BE RETURNED IN ACCORDANCE WITH THE APPLICABLE TERMS AND CONDITIONS CONTAINED IN JEPPESEN’S RETAIL RETURN POLICY. BUYER ACKNOWLEDGES THAT EXCEPT AS OTHERWISE PROVIDED BY LAW, IT WILL SOLELY LOOK TO THE WARRANTY(S), IF ANY, PROVIDED WITH THE JEPPESEN PRODUCT  AND ITS RIGHTS UNDER THE JEPPESEN RETAIL RETURN POLICY AND THAT JEPPESEN MAKES NO OTHER WARRANTIES WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT BY WAY OF LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE CONCERNING SUCH JEPPESEN BRANDED PRODUCTS, OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.  SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

12.        EXCLUSIVITY OF REMEDY, LIMITATION OF LIABILITY. In the event Buyer claims that Jeppesen has breached any warranty of any kind or any of its obligations under this Terms and Conditions of sale, Jeppesen may request the return of the products and tender to the Buyer the purchase price therefore paid by Buyer and, in such event, Jeppesen shall have no further obligations under the sales agreement except to refund such purchase price upon return of the products. If Jeppesen so requests the return of the products, the products shall be redelivered to Jeppesen in accordance with Jeppesen’s instructions at Jeppesen’s expense. THE REMEDIES PROVIDED FOR IN THIS PARAGRAPH SHALL CONSTITUTE THE SOLE RECOURSE OF BUYER AGAINST JEPPESEN, AND JEPPESEN'S SOLE LIABILITY, FOR CLAIMS RELATING TO THE SALE OF PRODUCTS, WHETHER THE CLAIM IS MADE IN TORT OR IN CONTRACT, INCLUDING CLAIMS BASED ON WARRANTY, NEGLIGENCE OR OTHERWISE.

 

IN NO EVENT SHALL JEPPESEN BE LIABLE FOR SPECIAL, INDIRECT ,INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL THE AGGREGATE LIABILITY OF JEPPESEN, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE THESE SALES TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS PURCHASED THROUGH THE SITES  EXCEED THE PURCHASE PRICE OF THE PRODUCT.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

13.        INDEMNIFICATION.  Buyer agrees to defend, indemnify and hold harmless Jeppesen, its parents, subsidiaries, affiliates, contractors, service providers, consultants, and their respective directors, employees and agents, from and against all claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to Buyer’s use of or misuse of the products purchased from JEPPESEN, including without limitation claims relating to the misuse of any hazardous materials.

 

14. GOVERNING LAW, VENUE LIMITATION OF ACTIONS. This sales agreement shall be performed in the city of Englewood, Colorado, U.S.A.  These Terms And Conditions Of Sale shall be governed by and construed in accordance with the laws of the State of Colorado, as if such agreements were made and to be entirely performed within the State of Colorado, without resort to its conflict of law provisions.  Buyer agrees that any action at law or in equity arising out of or relating to these Terms And Conditions Of Sale shall be filed only in the state and federal courts located in the City and County of Denver, Colorado and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms And Conditions Of Sale.  No action for breach of sale, this sales agreement or any covenant or warranty arising therefrom, shall be brought more than one year after the cause of action has occurred.

 

12. THIS SECTION ONLY APPLIES IF YOUAREA CONSUMER. You are a Consumer hereunder if you contract with us as a private individual for a purpose that is outside your trade, business or profession and you have your habitual residence within the territory of the European Union (hereafter “Consumer”).

(1.) Right to Return. As a Consumer, you have the right to return the received goods/products without stating any reasons within a period of one (1) month. The stated time period begins at the earliest with the receipt of the goods/products and this return policy. The right of return can only be exercised by returning the goods to Jeppesen GmbH, Return Department, Rathenaustr. 15, 63263 Neu-Isenburg, Germany. Timely dispatch suffices to comply with the time limit. The cost and risk of return shall be borne by Jeppesen. The above right of return shall not apply to the delivery of goods/products made to your specification, or clearly personalized, or which, by reason of their nature, cannot be returned, or are liable to deteriorate, or expire rapidly, or where the recommended period for their consumption would be exceeded (e.g. Trip Kits and/or aeronautical information products that are effective for less than a one [1] month period). Neither shall the right of return apply to the delivery of audio, data and/or video recordings or of software in the event that their data carriers have been unsealed by you.

(2.) Governing Law. If you are a Consumer, Section 14 herein above shall not apply in its entirety and these Terms And Conditions Of Sale shall be solely interpreted under and governed by the law of Germany instead. Germany’s conflicts of laws rules shall not be invoked for the purposes of applying the law of another jurisdiction.

(3.) Limitation of Liability.

(A.) If you are a Consumer, all liability of Jeppesen is herewith excluded, except (i) for claims under the German Product Liability Act, (ii) to the extend a damage is caused by gross negligence and/or intent of Jeppesen, (iii) in cases of Jeppesen’s liability for injury to life, body and/or health and/or (iv) if Jeppesen is liable under a guarantee (Garantie). In cases of Jeppesen’s slightly negligent breach of material contractual obligations, the liability is limited to damages that are reasonably foreseeable and inherent to the contract.

(B.) With respect to damages for personal injury resulting from air-traffic accidents caused by slight negligence, such maximum reasonably foreseeable damage shall not exceed the maximum amounts of liability contained in § 45 Section (2) of the German Air Traffic Act (Luftverkehrsgesetz).

(4.) Warranties. Express warranties given by Jeppesen -if any- shall not be construed as a guarantee (Garantie) under § 443 of the German Civil Code (BGB) and any remedy of Buyer based on such warranty shall require fault on Jeppesen’s part.   

(5.) Period of Limitation. If you are a Consumer, any remedies under an agreement governed hereunder shall be time barred (verjährt) and extinguished if an action is not brought within two (2) years from your receipt of the services and/or goods purchased hereunder.