|
Terms & Conditions
Site Usage Agreement
Introduction
The "Site" means www.beechcraft.com and www.hawkerbeechcraft.com and any websites that are linked to or from the Site and that we own or control. "We" means Beechcraft Corporation or its subsidiaries and affiliates.
By using this Site you agree that you are over the age of eighteen and that you agree to the terms and conditions in each section of this "Agreement." If you do not agree with these terms and conditions you should stop using the Site immediately.
Please note that this Agreement may change from time to time. We will not reduce your rights under this Agreement without your consent, and we expect that most changes will be minor. Any changes will be posted on this page and we encourage you to review this Agreement from time to time.
If you have questions regarding this Site or this Agreement, please contact us at:
|
|
Beechcraft Corporation |
10511 E. Central |
Wichita, Kansas 67206 USA |
Toll-Free +1.800.949.6640 |
Email: web@beechcraft.com
|
|
|
"Material" means the products, services, resources, information, data, specifications, photographs, text, audio, video and other content displayed on the Site.
Note that the use of certain Material or the conduct of certain transactions on the Site could be subject to additional terms and conditions that we will make available to you prior to using such Material or completing such transactions. |
|
|
Top |
|
|
Privacy Policy
We offer some services that do not require you to provide any personal information. In providing this Site we might collect the following types of information:
Cookies: When you use the Site, we may send one or more small files containing a string of characters (cookies) to your computer which uniquely identify your browser. We use cookies to improve the quality of our service, to store your preferences, and to track Site use.
Server Log Information: When you use the Site our servers automatically record information that your browser sends whenever you visit any website. Such server logs may include information such as your Internet Protocol address, web request, browser language, browser type, the date and time of your use and one or more cookies that can uniquely identify your browser.
Communications: When you email or contact us we may retain your communications in order to process your requests, respond to your inquiries and improve our Site, products and services.
Your Personal Information: When you register with a part of our site we may ask you to provide "Personal Information" like your name, mailing address, phone number, email address or an account password. For some services we might also request credit card or other payment account information which we maintain in encrypted form on secure servers. We may combine the information you submit in order to provide you with a better experience and to improve the Site quality.
Other sites: This Privacy Policy applies only to our Site. We do not have any control over other sites which we may link to from within our Site. You should be aware that other sites may place their own cookies or other files on your computer, collect data or solicit personal information from you. We will not provide your personally identifiable information to any other entity unless authorized by you. Some information may be shared in the aggregate with third parties for the purposes described in this Agreement or other supplementary privacy notices for specific transactions or Material. In addition to the above, such purposes may include:
Ensuring the technical functioning of our network;
Providing services, including the display of content;
Auditing and analysis in order to maintain, protect and improve our services;
Identifying you if we believe we need to in order to enforce compliance with this Agreement or to protect the rights or property of our Company, Site, or customers;
or
Complying with applicable laws, including those pertaining to Technical Data or the U.S. Dept. of Commerce.
Security of Personal Information: While we make a good faith effort to prevent third party, non-affiliate access to personal information, you agree and understand that internet communications may not be secure. Thus, we cannot warrant or guarantee that your personal information will not be disclosed to or accessed by parties other than those authorized under this Agreement. Thus, to the extent allowed by law, you agree and understand that we will not be liable for actual or consequential damages caused by such disclosures of your personal information in excess of any funds you have paid to us in connection with your disclosure to us of Personal Information.
Updates to Your Personal Information: At your request, we will make reasonable efforts to update, change or delete any personal information you may have provided via the Site. Please contact via one of the means provided below to initiate updates to your Personal Information:
|
|
Beechcraft Corporation |
10511 E. Central |
Wichita, Kansas 67206 USA |
Toll-Free +1.800.949.6640 |
Email: web@beechcraft.com
|
|
|
You agree and understand that to enforce this Agreement, resolve disputes, or provide information to satisfy applicable laws, regulations or proceedings, we may need to retain your personal information. Additionally, you understand and agree that your personally identifiable information may be retained by us in residual back-up files that are a function of our server back-up systems. |
|
|
Top |
|
|
General Conduct & Limited License
You may access, display, and print one copy of the Material solely for your personal, internal, non-commercial use, except as otherwise specified on this Site. No other use of the Material is authorized. You agree that the copy of the Material shall retain all copyright, trademark and any other notice in the same form and manner as any such notice appears on the Material or on the Site. You may not otherwise reproduce, modify, distribute, transmit, post, or publish the Material without our prior, written consent.
You understand and agree that any permitted use of the Material and the Site is at your own discretion and risk. You will be solely responsible for any damage to your network, software or computer system, and for any loss of data that could result from the use of the Site or the Material.
While visiting the Site, you shall not submit, post, publish, distribute or transmit: (a) material that is illegal, indecent, obscene, libelous, defamatory, false or misleading; (b) material other than that which may be requested by an interactive application or tool on the Site; (c) unsolicited advertising, promotional material, or other forms of solicitation; (d) material that would infringe the intellectual property, privacy or other rights of third parties, (e) a computer virus, worm, Trojan horse or other element destructive to the Site or any of our hardware or software accessible through the Site, or (f) a digital or manual signature, password, or other element impersonating our employees, or any forged TCP/IP headers or parts of a header, in an attempt to gain unauthorized access to our computers, software, data, accounts or databases.
You may not, without our prior written consent, use any computer code, data mining software, "robot," "bot," "spider," "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Site or accessed through this Site. You also may not engage in the mass downloading of files from the Site; use the computer processing power of the Site for purposes other than those permitted above; or flood the Site with electronic traffic designed to slow or stop its operation. |
|
|
Top |
|
|
Third Party Material
"Third Party Material" means Material owned by third parties, as well as links to websites owned by third parties. This Site may include or provide access to Third Party Material. Use of Third Party Material is at your own risk and we are not responsible for the accuracy or reliability of any Third Party Material. Our inclusion of Third Party Material on this Site shall not be construed as our endorsement of any third party or the Third Party Material, and no rights or licenses are granted to you in the Third Party Material. You agree to defend and hold us harmless from any liability that may result from your use of Third Party Material. |
|
|
Top |
|
|
Intellectual Property
This Site and the Materials contain third parties’ and our intellectual property that is protected by United States and International Law. Except as otherwise in this Agreement, nothing contained herein shall be construed as granting any license, patent, trademark, servicemark, copyright or other intellectual property right to you.
The following are our trademarks, servicemarks, or registered trademarks: Beechcraft, Hawker, Beechcraft, HBC, King Air, Bonanza, Baron, Premier, Hawker Beechcraft Parts & Distribution, and Hawker Beechcraft Services. Additionally, any trademarks, trade names, trade dress, service marks, logos, domain names, and URLs provided in the Material or displayed on the Site are the property of Beechcraft or third parties, and no right to use such Marks is granted to you by your use of this Site. Other company names, brand names, trademarks and logos are the property of their respective owners. The Site and the Materials are our or third party copyrighted property. You may not download, copy, or use the Site or Materials except as specified in this Agreement.
Comparison product statements and illustrations on the Site have been created from data provided from the Business and Commercial Aviation Purchase Planning Handbook May 2009, third party Original Equipment Manufacturers (OEM) marketing materials, operating manuals, and OEM websites. |
|
|
Top |
|
|
Accuracy and Timeliness of Information and Historical Information
Our original content which may be posted or archived on our sites is believed to be accurate at the time of creation and original date of posting. Additionally, we use reasonable good-faith efforts to monitor the accuracy, completeness, timeliness and reliability of any Material on this Site, but we do not warrant or guarantee the Material or the Site in any way and we deny that we have any obligation to do so. Thus, despite our reasonable efforts, Material may not be immediately updated when errors are uncovered or as new information becomes available. You understand and agree that the Site and Material may become stale or incomplete over time, and you release us from any and all liability associated with the Material and the Site. To the extent that you rely on dated Material, you do so at your own risk. |
|
|
Top |
|
|
Submissions to the Site
Except as specified in our Privacy Policy, any information, feedback, links, or other Material that you submit to the Site will be considered non-confidential and you grant us a non-exclusive, perpetual, worldwide, royalty-free license to use your submissions in any way we choose. Therefore, we may, among other things, reproduce, transmit, distribute, adapt, perform, display and create derivative works from your submissions, and sublicense others to do any of the foregoing activities. You agree and understand that your submissions will meet all requirements for appropriate content in accordance with this Agreement. We reserve the right at any time and without notice to refuse to receive, post and to remove any submission in whole or in part. |
|
|
Top |
|
|
Compliance with Applicable Laws; Export Control Laws
The Site and the Material may be subject to U.S. export control laws and may also be subject to the laws of the country where you reside. You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site and the Material. We do not represent that the Site or the Material is appropriate or available for use in any particular jurisdictions. If you choose to access this Site from any jurisdiction you do so at your own risk. The laws of the State of Kansas, United States of America, excluding choice of law principles, shall govern and construe any and all issues relating to use of the Site and the Materials.
Venue, or the place in which you may bring a law suit, for disputes about this Agreement, use of the Site, or use of the Materials or for claims and based on the subject matter of this Agreement shall be in the State District Court of Sedgwick County, Kansas, or the United States District Court for the District of Kansas in Wichita, Kansas. By using this Site and the Materials you agree to such jurisdiction and venue, and you give up the right to select venue in any other forum. |
|
|
Top |
|
|
Disclaimers & Indemnification By You
TO THE EXTENT ALLOWED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY SHALL WE, OUR OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN PROVIDING THE SITE, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA, SOFTWARE OR HARDWARE ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SITE, THE MATERIAL, ANY OF OUR PRODUCTS OR SERVICES, OR ANY OTHER LINKED WEBSITE, OR ANY DAMAGES RESULTING FROM THE USE OF OR RELIANCE ON THE MATERIAL PRESENTED, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ALL MATERIAL PROVIDED ON THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THOSE ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. THE INTERNATIONAL CONVENTION FOR THE SALE OF GOODS, THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AND THE UNIFORM ELECTRONIC TRANSACTIONS ACT ARE EXPRESSLY DISCLAIMED.
TO THE EXTENT ALLOWED BY LAW, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD US HARMLESS WITH OUR OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN PROVIDING THE SITE AND MATERIALS, FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, DAMAGES, COSTS, OR OTHER EXPENSES (INCLUDING REASONABLE ATTORNEYS FEES) THAT ARISE DIRECTLY OR INDIRECTLY FROM: (A) USE OF THE SITE OR THE MATERIAL, (B) BREACH OF THESE TERMS OF USE; AND/OR (C) YOUR SUBMISSIONS. |
|
|
Top |
|
|
Termination and Survival
This Agreement shall expire when you discontinue use of the Site and Materials. We reserve the right to change or modify these terms, or terminate this Agreement at any time. In the event that you breach or violate any part of this Agreement, we may terminate your current and future use of the Site and the Materials. The applicable portions of the following sections shall survive any termination or expiration of this Agreement: Introduction; Privacy Policy; General Conduct & Limited License; Third Party Material; Intellectual Property; Compliance with Applicable Laws; Export Control Laws; Disclaimers & Indemnification By You; and Termination and Survival. |
|
|
Top |
|
|
Range Circle Map
Assumes a typically delivered aircraft operating weight, and the following: 1 pilot at 170 lb. for Bonanza G36 and Baron G58; 1 pilot at 200 lb. for King Air products; 170 lb. per passenger for Bonanza G36 and Baron G58; and 200 lb. per passenger for King Air products. Still Air, Long Range Cruise, VFR reserves for Bonanza G36 and Baron 58, NBAA IFR reserves (w/100 nm alternate for Beechcraft products and Hawker 400XP), ISA conditions. Ranges do not consider the effects of prevailing en-route winds, ATC routing, weather or limiting factors such as obstacle clearance, condition of runway surface, runway length, runway altitude or temperatures above ISA. You agree that this Material is not to be used for flight planning purposes. |
|
|
Top |
|
|
Media Gallery
By using our Media Gallery, you agree to the following additional terms of use: All Site Material, unless otherwise noted, is and shall remain our sole property. You may view, copy, print, download and use content contained in the Media Gallery solely for your personal, non-commercial use. Material on this Site may not be modified in anyway and may not be used, copied or distributed separate from accompanying text. You agree and understand that you may not use the content in any way that is misleading; that falsely suggests the existence of a business relationship between you and us; that is derogatory, disparaging, or which displays our products, employees, affiliates or representatives in a negative light. You also agree and understand that we may at any time and in our sole discretion revoke your authorization to use Site Material and we may require you to immediately cease using Site Material. |
|
|
Top |
|
|
Supplier Integration Tool
You are forbidden to share with any other party any information or business methods you may obtain by using the Supplier Integration Tool without our written consent. Information contained in the Supplier Integration Tool is subject to change without notice and does not supersede any other agreements between you and us. |
|
|
Top |
|
|
Technical Publications
If you have any questions, comments, suggestions on how we can make Technical Publications more useful, please email us at tmdc@beechcraft.com or phone us at 800-796-2665 or 316-676-8238 during the following hours of business: Monday-Friday 8:00am until 4:30pm CST. |
|
|
Top |
|
|
Hawker Beechcraft Parts & Distribution - Terms and Conditions "Aircraft Support Items" means spare parts, ground support equipment, services of repair and overhaul, repair kits, reports, data, specifications, etc. for the Aircraft. "HAWKER BEECHCRAFT PARTS & DISTRIBUTION" means Beechcraft Parts & and Distribution, a division of Beechcraft Global Customer Support Corporation, a Kansas corporation (our affiliate under this Agreement). The terms and conditions in this section shall govern purchases of Aircraft Support Items from HAWKER BEECHCRAFT PARTS & DISTRIBUTION and shall be incorporated into any Purchase Order(s) issued to HAWKER BEECHCRAFT PARTS & DISTRIBUTION by you for Aircraft Support Items. The placement of an order by you shall constitute your acceptance of the terms and conditions in this section. Any terms or conditions proposed by you inconsistent with or in addition to these terms and conditions shall be void and of no effect, unless specifically agreed to by HAWKER BEECHCRAFT PARTS & DISTRIBUTION.
Taxes: The prices set forth in individual Purchase Orders issued by you for Aircraft Support Items shall include all federal, state and local taxes imposed by the United States Government, any U.S. state or local government, or any agency, authority or department thereof. Such prices do not include any taxes, import duties or similar fees which may be levied or imposed upon the Aircraft Support Items or this Agreement or transaction by any other country, state, local or equivalent government, or any agency, authority or department thereof. Any such taxes, import duties or similar fees levied or imposed by any other government or any agency or department thereof shall be your sole responsibility. Therefore, any such taxes, import duties or similar fees will be added to the price of the Aircraft Support Items unless you provide HAWKER BEECHCRAFT PARTS & DISTRIBUTION with an appropriate exemption certificate. You agree to indemnify and hold HAWKER BEECHCRAFT PARTS & DISTRIBUTION harmless from and against the payment or imposition of any such taxes, import duties or similar fees.
Delivery: Delivery terms shall be EX Works, HAWKER BEECHCRAFT PARTS & DISTRIBUTION’S warehouse. Partial and immediate delivery of Aircraft Support Items shall be permitted at HAWKER BEECHCRAFT PARTS & DISTRIBUTION’S sole discretion. Title and risk of loss with respect to Aircraft Support Items shall pass to you upon delivery at HAWKER BEECHCRAFT PARTS & DISTRIBUTION’S warehouse, of said Aircraft Support Items to you or upon delivery to the shipping carrier. When an order is for two or more items HAWKER BEECHCRAFT PARTS & DISTRIBUTION may, at its discretion, ship either in lots or in a single shipment.
Delivery Delays: Delivery and shipping dates are estimates. Under no circumstances will HAWKER BEECHCRAFT PARTS & DISTRIBUTION be liable for any delay or failure in the delivery of Aircraft Support Items, or for any damages suffered by you by reason of such delay or failure, when the delay or failure is directly or indirectly caused by or in any manner arises from acts of God; acts of public enemies, the elements; fires; floods; accidents; riots; wars; actions or inactions of government; acts of terrorism; labor difficulties; inability to secure, delay in securing or shortages of raw materials, labor, fuel, power or transportation, delay or failure of any supplier; breakdown or destruction of plant or equipment arising from any cause whatsoever; or any other cause or causes (whether or not similar in nature to any of those specified) beyond HAWKER BEECHCRAFT PARTS & DISTRIBUTION’S reasonable control. In no event will HAWKER BEECHCRAFT PARTS & DISTRIBUTION’S liable for any consequential damages, incidental damages, damages for loss of use or damages for loss of profits for any delay or failure in delivery regardless of the reason.
Prices and Payment: Prices quoted are for in stock parts only and prices for backordered parts may be subject to change. All orders are accepted subject to HAWKER BEECHCRAFT PARTS & DISTRIBUTION’S price in effect at time of shipment. Payment is due immediately upon receipt of Pro forma billing or by due date shown on the HAWKER BEECHCRAFT PARTS & DISTRIBUTION invoice. In no event shall you set off any payment due with any claim HAWKER BEECHCRAFT PARTS & DISTRIBUTION owes you, whether related to this purchase or any other transaction. Your payments shall be made by either check or interbank wire transfer directly to HAWKER BEECHCRAFT PARTS & DISTRIBUTION’S bank account, as shown on the Pro forma billing or the HAWKER BEECHCRAFT PARTS & DISTRIBUTION invoice. If any payment due to HAWKER BEECHCRAFT PARTS & DISTRIBUTION from you is delayed by more than sixty (60) calendar days beyond the date of invoice, then the balance due is subject to interest at a rate 1.25 times the monthly prime interest rate charged by Bank of America of New York, New York, during the period of time such payments remain unpaid. You grant, with respect to the Aircraft Support Items delivered to you, a purchase money security interest and in all accession and proceeds thereof. This purchase money security interest shall be effective until you have made payment in full.
Changes: HAWKER BEECHCRAFT PARTS & DISTRIBUTION shall have the right, without your consent, to make changes in the Aircraft Support Items and to substitute equivalent equipment, accessories or material where such changes or substitutions are deemed necessary by HAWKER BEECHCRAFT PARTS & DISTRIBUTION; provided that such changes or substitutions shall not adversely affect the price, time of delivery or performance of the Aircraft Support Items, nor significantly affect its design, performance, weight or balance; and provided further that, in the event such changes or substitutions are for any reason not accepted by you shall be permitted to return the changed or substitution equipment, accessories or material to HAWKER BEECHCRAFT PARTS & DISTRIBUTION and receive a full credit against its purchase of them provided that the changed or substitution equipment, accessories or material has not been installed on any aircraft, in which event any right of repair or return shall be governed by the HAWKER BEECHCRAFT PARTS & DISTRIBUTION Limited Warranty described below. HAWKER BEECHCRAFT PARTS & DISTRIBUTION will advise you of any changes to Aircraft Support Items ordered by you and will provide the reasons for such change. HAWKER BEECHCRAFT PARTS & DISTRIBUTION will notify you of any such changes and the reasons for the changes as soon as reasonably possible and will endeavor to do so prior to delivery of the items. HAWKER BEECHCRAFT PARTS & DISTRIBUTION’S notice to you may be provided by U.S. mail, telefacsimile, telephone or by e-mail.
Paperwork Provided: HAWKER BEECHCRAFT PARTS & DISTRIBUTION does not supply manufacturer's certifications for Aircraft Support Items. Lot or batch numbers are not provided unless the Aircraft Support Item is a color or serialized part.
Entire Agreement: These terms and conditions and the purchase order to which they are attached represent the entire agreement between HAWKER BEECHCRAFT PARTS & DISTRIBUTION and you with respect to this subject matter and supersedes all prior oral and written understandings and agreements between you and HAWKER BEECHCRAFT PARTS & DISTRIBUTION.
Amendments: Any extensions, amendments, modifications or supplements to these terms and conditions and/or the purchase order to which they are attached must be in writing.
Damages: TO THE EXTENT ALLOWED BY LAW, BEECHCRAFT PARTS & DISTRIBUTION SHALL NOT BE LIABLE FOR ANY GENERAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOSS OF USE, LOSS OF PROFITS OR DIMINUTION OF MARKET VALUE, AND HAWKER BEECHCRAFT PARTS & DISTRIBUTION SHALL NOT BE LIABLE FOR ANY DAMAGES CLAIMED BY YOU OR ANY OTHER PERSON OR ENTITY UPON THE THEORIES OF NEGLIGENCE OR STRICT LIABILITY IN TORT AS A RESULT OF HAWKER BEECHCRAFT PARTS & DISTRIBUTION'S PERFORMANCE UNDER THESE TERMS AND CONDITIONS AND THE PURCHASE ORDER TO WHICH THEY ARE ATTACHED.
Governing Law and Venue: The laws of the State of Kansas, United States of America, excluding choice of law principles, as effective and in force on the date of the Purchase Order to which these terms and conditions attach shall govern and construe any and all issues relating to the sale of the Aircraft Support Items by HAWKER BEECHCRAFT PARTS & DISTRIBUTION to you. Venue, or the place in which you may bring a law suit, for disputes about these terms and conditions shall be in the State District Court of Sedgwick County, Kansas, or the United States District Court for the District of Kansas in Wichita, Kansas. By ordering Aircraft Support Items you agree to such jurisdiction and venue, and you give up the right to select venue in any other forum.
Export: Any subsequent export or re-export of the Aircraft Support Items shall be accomplished in accordance with all applicable U.S. export laws and regulations, including the International Traffic in Arms Regulations or Export Administration Regulations. In connection with and without limiting the general applicability of the foregoing, you shall not export or re-export the Aircraft Support Items to nationals of prohibited countries or to any non-U.S. Persons (as defined in Section 120.16 of the International Traffic in Arms Regulations) whether in the United States or abroad unless the necessary export licenses have been obtained. In the event you export the Aircraft Support Items from the United States, HAWKER BEECHCRAFT PARTS & DISTRIBUTION will not be designated the exporter of record. You indemnify HAWKER BEECHCRAFT PARTS & DISTRIBUTION from and against the consequences of your failure to comply with the above stated U.S. export laws and regulations. Diversion of the Aircraft Support Items contrary to U.S. law is strictly prohibited. |
|
|
Top |
|
|
|