APEX Customer Terms and Conditions

The APEX Customer Terms and Conditions was updated on December 01, 2024

This will provide a basic overview of key policies and procedures for doing business with Aviation Parts Executive, Inc. (APE). For complete details, please refer to the full Customer Terms and Conditions Manual.

Account Holds & Delivery Dates
If a Customer’s account is placed on “HOLD,” previously promised delivery dates are no longer guaranteed. Once the account is reinstated, APE will provide updated delivery dates, which the Customer agrees to accept as the new official dates.

End-User Statements
When requested, Customers must submit a completed End-User Statement within 5 days. Failure to provide the required statement will result in the order being placed on “HOLD.” If not received within 30 days, the order may be canceled, and future orders may be impacted.

Shipment Terms
• Ownership & Risk Transfer: Ownership and risk of loss transfer to the Customer upon shipment or pickup, as defined by the applicable Incoterms.
• Inspection: Customers must inspect shipments upon receipt and report any discrepancies to APE within 15 days.
• Shipping Dates: While APE strives to meet shipping deadlines, delays beyond APE’s control may occur. Customers will be notified of significant delays.
• Packaging: APE follows Best Commercial Practices for standard packaging. If custom packaging (e.g., ATA-compliant) is required, additional charges may apply.

Airworthiness
• Customer Responsibility: Per 14 CFR Part 39, the aircraft owner or operator is responsible for ensuring airworthiness, including compliance with Airworthiness Directives (ADs).
• APE Disclaimer: APE does not guarantee the airworthiness, compatibility, or applicability of any parts sold. It is the Customer’s responsibility to verify part suitability for their application.

Documentation, Traceability & Shelf-Life

• Certification: APE provides relevant certification (such as 8130-3 or Manufacturer’s Certificate of Compliance) for New, Overhauled, or Repaired parts.
• New Surplus Material: New Surplus parts are sold “As-Is” and may not include certification. Customers are responsible for ensuring the suitability of these parts.
• Shelf-Life Requirements:
• Customer Requests: Shelf-life requests must be clearly stated on the Purchase Order (PO).
• Discrepancies: If APE cannot meet the requested shelf-life, Customers may choose to accept the available shelf-life or cancel the affected item.
• Restocking Fee: If no shelf-life requirement is noted on the PO, returns due to shelf-life issues may be subject to a 20% restocking fee.
• Special Documentation Requests: Requests for Full Trace (birth to present) or Test Reports must be made in writing and approved by APE prior to the submission of the Purchase Order.

Returns & Exchanges
• General Returns: Items may be returned within 30 days with prior written authorization and an RMA (Return Merchandise Authorization). Returns are subject to a 20% restocking fee.
• Exceptions:
• Life-Limited Items: Must be returned within 7 days and are subject to a 20% restocking fee.
• Special Order Items: Non-Cancellable, Non-Returnable (NCNR) — returns are only accepted at APE’s discretion.
• Damaged Containers: Items in dented (but non-leaking) containers are not returnable.
• Exchange Core Returns: Cores must be returned within 25 days of the original sale. The core must be the same Part Number (P/N) and manufacturer as originally quoted, and Customers are responsible for all related shipping and customs fees.

Warranty
• Manufacturer Warranty: The warranty on parts is provided by the original manufacturer or repair facility, not by APE.
• APE Disclaimer: APE makes no express or implied warranties, including, but not limited to, merchantability, fitness for a particular purpose, or compatibility.

Trade Compliance
• Compliance with U.S. Trade Laws: Customers must adhere to applicable U.S. trade, export, and sanctions laws, including but not limited to:
• International Traffic in Arms Regulations (ITAR)
• Export Administration Regulations (EAR)
• Office of Foreign Assets Control (OFAC) sanctions
• Prohibited End-Users & Uses: APE products may not be sold or used for military, defense, or intelligence applications, nor may they be supplied to embargoed countries, as outlined in 22 CFR 126.1.
• Export Transaction Requirements: Customers must submit copies of the Power of Attorney (POA) or other written authorization for their U.S. Agent if requested by APE.
• Export Documentation: Customers must instruct their U.S. Agent to provide AES (Automated Export System) filings and Airway Bill (AWB) to APE within 5 days of export.

Force Majeure
APE is not responsible for delays, interruptions, or failure to perform its obligations when caused by events beyond its control. Examples include, but are not limited to:
• Natural Disasters (floods, hurricanes, earthquakes)
• Acts of War (war, civil unrest, riots)
• Supply Chain Disruptions (material shortages, transportation delays)
• Labor Disputes (strikes, work slowdowns)
• Government Actions (embargoes, export restrictions)

In such cases, APE will make reasonable efforts to fulfill its obligations once the event has passed. However, if the delay persists, APE may cancel affected orders without liability.

For the complete and detailed terms, please refer to the Customer Terms and Conditions Manual. If you have questions or need further clarification, contact your Aviation Parts Executive, Inc. representative.