Term of Use
WEBSITE TERMS & CONDITIONS OF USE
Thank you for visiting the Unical Aviation Inc. ("Unical") web site (the “Site”). BY ACCESSING AND USING THIS SITE, YOU AGREE TO ABIDE BY THE TERMS AND CONDITIONS OF USE SET FORTH BELOW (THE “TOU”). IF YOU DO NOT AGREE TO THESE TOU, YOU MAY NOT ACCESS OR USE THIS SITE.
LIMITED LICENSE
This Site contains copyrighted material, owned or controlled by Unical and its licensors. You may access and use the Site solely for the purposes of learning, evaluating or obtaining information about Unical's products or services. You may also use the Site to download the materials on this Site to a single computer and print one copy of the material for internal use, provided that such copy shall retain all copyright and other proprietary notices contained thereon. This permission is not a transfer of title to the materials, and no other rights are granted to you to download, upload, store, copy, print, reproduce, alter, modify, transmit, distribute, or publicly display the downloaded materials. Nothing in the TOU should be construed as granting any right to you to use any trade names, trademarks, service marks or logos of Unical or its licensors without our prior written consent.
ACCESS TO PASSWORD PROTECTED PAGES
Certain services or content may be accessed through a password protected area on this Site. Access to and use of such areas is restricted to authorized users only. Such areas may only be accessed and used by the person or entity to whom the user account has been issued. You may not disclose your user account or password to any unauthorized person. You agree to notify Unical immediately if you discover any unauthorized use of your user account or any other breach of security.
INFORMATION SUBMITTED THROUGH THE SITE
Your submission of information through the Site is governed by Unical’s privacy policy, currently located at www.unical.com under Privacy (the “Privacy Policy”). You represent and warrant that any information you provide in connection with the Site is and will remain accurate and complete, and that you will maintain and update such information to the extent necessary. You acknowledge that any feedback you provide through the Site about the Site or Unical’s products or services is gratuitous, and that Unical may use any feedback, comments, or suggestions you send to Unical without any obligation to you.
DISCLAIMER AND NO WARRANTY
THE SITE AND THE INFORMATION, SERVICES AND MATERIALS CONTAINED IN THE SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". ERRORS, OMISSIONS AND INACCURACIES MAY BE CONTAINED IN THE SITE AND ITS INFORMATION, SERVICES AND MATERIALS. UNICAL MAKES NO, AND DISCLAIMS ANY AND ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR TITLE, WITH RESPECT TO ITS SITE AND THE INFORMATION, SERVICES AND MATERIALS CONTAINED ON IT.
LIMITATION OF LIABILITY
IN NO EVENT SHALL UNICAL, ANY OF ITS AFFILIATES OR ITS LICENSORS BE LIABLE TO YOU, OR ANY ENTITY OR PERSON FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION ARISING OUT OF OR RELATED TO THE USE OF THIS SITE, ANY LINKED WEB SITE, OR THE USE OR INABILITY TO USE THE SITE, OR ANY LINKED WEB SITE, OR THE INFORMATION, SERVICES AND MATERIALS CONTAINED ON THE SITE, OR ANY LINKED WEB SITE, EVEN IF UNICAL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. THE MAXIMUM AGGREGATE LIABILITY OF UNICAL, ANY OF ITS AFFILIATES OR ITS LICENSORS TO YOU, OR ANY ENTITY OR PERSON FOR ANY AND ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF OR RELATED TO THE USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, SHALL NOT EXCEED TWO HUNDRED FIFTY U.S. DOLLARS (US $250).
LINKING AND THIRD-PARTY SITES
You are not permitted to hyperlink to Unical's icons, images, Site address or any page in Unical's Site. Unical also is not responsible for any hyperlinks to its icons, images, Site or any page in the Site. The Site may from time to time provide links to web sites operated and maintained by others. Unical makes no representation or warranty regarding the accuracy, timeliness, suitability or any other aspect of the information located on such web sites and neither monitors nor endorses such web sites or the contents. Any links to other web sites are merely provided as a convenience to the user of this site.
INDEMNITY
You shall indemnify us on demand and keep us indemnified against all liabilities, losses, damages, costs, claims and expenses (including any professional costs and expenses) suffered or incurred by us arising out of or in connection with any breach or alleged breach by you of these TOU. Further, You undertake to defend us from and against any claim or action by a third party that the use or possession of any Content submitted or uploaded to the Site by you infringes the intellectual property of such third party (“IPR Claim”), and shall on demand indemnify us and keep us indemnified against all liabilities, losses, damages, costs, claims and expenses (including any professional costs and expenses) suffered or incurred by us arising out of or in connection with any such IPR Claim
RIGHT TO CHANGE SITE AND TOU
Unical may modify, add, remove and otherwise change the Site and the contents, services and materials thereof. Unical may also change these TOU by any reasonable means, including by posting a revised TOU on the Site. Your continued use of this Site after such changes will constitute your acceptance of those changes.
GOVERNING LAW; JURISDICTION
This Site and its contents are maintained at Unical's headquarters in Litchfield Park, Arizona, U.S.A. Any access or use of the Site outside of the United States by you is not intended to subject Unical to any non-U.S. jurisdiction or law. Unical makes no representation that this Site or any content is appropriate or available for use in any other jurisdiction. You are responsible for compliance with all applicable laws and regulations, including the U.S. export laws and regulations. These TOU shall be governed by the laws of the State of Arizona, U.S.A., without giving effect to its conflicts of law provisions. Any dispute arising under or relating to this Agreement or about its interpretation will be resolved exclusively in the state or federal courts located in Phoenix, Arizona, U.S.A. Each party irrevocably submits to those courts’ venue and jurisdiction. You must commence any cause of action related to your use of this site within one (1) year after the claim or cause of action arises.
ENTIRE AGREEMENT
These TOU and the Privacy Policy constitute the entire agreement between you and Unical with respect to your use of this Site. If a court of competent jurisdiction finds for any reason that a provision of this TOU or a portion thereof is unenforceable, nevertheless that provision shall be enforced to the greatest extent permissible to give effect to the intent of this TOU and the remainder of the TOU shall continue in full force and effect.
TERMINATION
Unical reserves the right to protect this Site and its content from any perceived misuse. In such event and notwithstanding any language in these TOU to the contrary, Unical reserves the right to terminate your registration and block or prevent your future access to and use of this Site without notice to you.
MISCELLANEOUS
This TOU does not, and shall not be construed to create any partnership, joint venture, or agency relationship between you and Unical. You may not assign, transfer or sublicense any of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
COMMENTS AND QUESTIONS
We welcome your comments and questions regarding use of this Site by sending an email to marketing@unical.com. Please include your name, phone number, and email address with your comments or questions.
Purchase Order Agreement
General Requirements
A. All sellers shall have a quality system in place to meet the intent of one of the following quality standards, but not
limited to, the ASA-100, ISO9001, and AS9120.
B. Unical Aviation approved supplier status is valid for 3 years from the date of approval unless otherwise revoked and
surrendered. Supplier initial approval and re-approval is dependent upon the receipt of the required documents, which
includes correctly and satisfactorily completed desktop audit, which includes vendor Survey and quality accreditation
certificates.
C. Prior to shipment, Seller shall notify Buyer if non-conformance condition exists with the product and obtain approval
for nonconforming product disposition. Seller shall evaluate each nonconformance for its potential to exist in
previously produced or delivered products. If a nonconformance exists, Seller shall notify Buyer, in writing, within 24
hours.
D. Seller shall have a procedure in place to prevent and mitigate the use of counterfeit parts. Buyer shall be notified if
Seller becomes aware or suspects that is has furnished counterfeit work.
E. Seller shall maintain a (FOD) Foreign Object Debris/Damage prevention program to control any damage/contamination
of foreign objects into any item delivered under this purchase order.
F. Seller shall notify Buyer of changes in processes, products, or services of the Seller, changes of manufacturing location,
and where required, obtain organization approval.
G. Seller shall flow down to the supply chain whether direct or sub-tier the applicable requirements of Buyer.
H. Records of product origin, conformity, inspection records, testing reports and shipment shall be maintained for a
minimum of 7 years, or as required by contract.
I. Seller’s documented quality system shall provide for the review of this PO to ensure that quality requirements are
incorporated into manufacturing planning, and inspection and test instructions, as applicable, to assure compliance
with this PO. Unless otherwise authorized by Buyer in writing, upon request by Buyer, Seller shall provide all Seller
records, reports, specifications, drawings, inspection and test results and other documentation.
J. Seller shall provide and obtain for Buyer, Buyer’s customers, and appropriate regulatory agencies access to any and all
facilities, including those facilities of Seller’s subcontractors, where work on product is being performed or is scheduled
to be performed under this Purchase Order. Buyer shall have the right to perform in-process inspection, audits, and
system surveillance at Seller and Seller’s subcontractors’ facilities as part of verification of conformance to the
requirements of this PO at no cost to Buyer.
K. Seller shall ensure that Seller’s personnel are competent and aware of their contribution to product or service
conformity, their contribution to product safety and the importance of ethical behavior
L. Buyer monitors Seller’s performance through Product Conformity and On Time Delivery. Seller shall maintain a 90% of
higher to be maintained on Buyer’s approved vendor list. A SCAR may be issued when Seller falls below 89%.
M. Quantity variances and/or partial shipments are not permitted unless prior written authorization is received from the
buyer.
N. All goods supplied shall be packaged to protect, marked, and shipped in accordance with industry best practice or
utilizing standards such as MIL-STD-2073, ATA-300, ASTM D3951, or equivalent. All supplied goods will be returned to
the Seller with Seller’s shipping account for inspection if parts are received damaged or does not pass Buyer receiving
inspection.
O. Seller warrants that the products delivered hereunder will conform to specification or other applicable description
specified by Buyer and will be free from all defects, fit and sufficient for the purposes for which they were intended.
This warranty shall run to the Buyer, Buyer’s customers, and end users of the articles covered by this purchase order.
P. Seller shall use Buyer’s approved method of shipment for the contract, which is stated on the Purchase Order from
Buyer. Under no circumstances that Seller shall determine the method of shipment for the Buyer, unless approved by
Buyer in writing. If the order is unable to be shipped under the approved method, Seller shall notify Buyer for Buyer to
determine a different shipping method.
Q. Where known, or where Seller is the design authority for the Technical Data, Goods, or Services that are subject to this
agreement, Seller shall provide Buyer with the application Harmonized Tariff Schedule Number (HTS) code and/or
Export Control Classification Number (ECCN).
R. If this agreement requires either party to obtain government-approved export authorization to facilitate activities and
obligations set forth under this agreement, the Parties shall mutually exercise reasonable efforts to support the
preparation and management of the authorization in full compliance with applicable government regulations. The
parties shall without delay respond to requests for supporting documentation, including clarifying questionnaires or
any other requested information necessary to secure government authorization.
S. As an international organization, Unical Aviation recognizes that inherent differences regarding laws, politics,
economics and culture exists within each country we choose to conduct business with. We are committed to conduct
our affairs in each country fairly and humanely. We expect this from all our suppliers as well.
T. All Sellers to Unical are prohibited from engaging in corrupt practices such as bribery, extortion, espionage, fraud, and
theft.
Non-Conformance
A. Informal Notice: deterioration in quality performance is identified which has a limited effect on Unical internal
processes. Information is provided to the seller to enable remedial action before issues deteriorates further. The seller
is required to address the issues internally and provide feedback to the buyer Quality Assurance department. No formal
document or defined method is required.
B. Formal Notice: deterioration in quality performance is identified which has a significant effect on Unical internal
processes. In most cases rejection for product quality will result in a formal correct action request. If Seller does not
respond to Buyer’s SCAR within 30 days of receipt of the nonconforming item(s), the Seller shall have deemed to have
accepted responsibility for the identified nonconformance. Payment under this PO may be withheld pending receipt
and approval of the SCAR by buyer Quality Assurance Department.
C. Documented evidence to support and substantiate the action taken and its effectiveness.
Revisions to Quality System Certificates
A. Supplier shall ensure that copies of all renewed, revised, or updated quality system certificates are supplied to Unical Quality Assurance (quality@unical.com) within five (5) working days of the revision.
A. All Sellers to Unical Aviation are expected to conduct their affairs in accordance with the following principles:
1. Obedience to the law,
2. Always acting in good faith,
3. Maintaining an egalitarian workplace built on trust, mutual respect, integrity, and diversity,
4. Communicating openly, respectfully, and effectively, and
5. Constant consideration of the impact of our decisions on our stakeholders, both up and down the supply chain.
6. Sellers must ensure consistency with Unical’s values and principles throughout their operations and supply
chains, adhering to laws that prohibit slavery and related practices. The use of forced labor, including prison,
indentured, bonded labor, and modern slavery, is strictly prohibited.
7. Child labor is forbidden, and Sellers must comply with relevant laws, employing workers meeting the minimum
legal age requirements.
8. Sellers are obligated to comply with wage and hour regulations in their respective places of operation.
9. Applicable occupational health and safety standards must be met in facilities and operations.
B. As an international organization, Unical Aviation recognizes that inherent differences with regards to law, politics,
economics and culture exists within each country we chose to conduct business with. We are committed to conduct
our affairs in each country fairly and humanely. We expect this from all our suppliers as well.
C. All Sellers to Unical are prohibited from engaging in corrupt practices such as bribery, extortion, espionage, fraud, and
theft.
Additional Awareness Requirements
A. Sellers shall ensure that their employees are aware of:
a. Their contribution to product or service conformity,
b. Their contribution to product safety, and
c. Their contribution to the importance of ethical behavior.
Acceptance of any Unical Purchase Order constitutes acceptance of and a promise to adhere to the terms and conditions
thus mentioned.