II. General. These Terms and Conditions shall apply to the sales of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Seller in writing.
Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
III. Price and Payment. The price shall be as noted on www.AIAAUCF.com unless agreed upon in writing between the parties. The price is exclusive of VAT or any other applicable costs.
All payments are due in full prior to deliver of Goods. If the Seller cannot provide Goods purchased, a full refund of the all associated payments will be made to the Buyer within 30 days.
IV. Description. Any description given of the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.
V. Delivery. Unless otherwise agreed in writing, delivery of Goods shall take place in person in Room 139 of Engineering 1 at 12760 Pegasus Blvd., Orlando, FL 32816. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
If the Seller is unable to deliver the Goods because of actions or circumstances under the control of the Buyer, then the Seller shall be entitled to place the Goods in storage until such times as delivery may be effected and the Buyer shall be liable for any expense associated with such storage.
Any damages, shortages, over deliveries and duplicated orders should be reported to the Seller within 14 days of signed receipt to enable replacement or refund.
VII. Risk. Risk in the Good shall pass to the Buyer when the Goods are entrusted to it or set aside for its collection, whichever happens first.
VIII. Title. Title in the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods.
IX. Return of Unused Goods. All Goods are sold As Is and on a firm basis, i.e., the Seller will not take back any goods not required by law or sold by the Buyer, unless otherwise agreed, in which case the following terms apply.
Any returns must be authorized by an Authorized Officer as recognized by the Office of Student Involvement, i.e., any elected officer of AIAA UCF.
Where the Seller agrees to accept the return of goods that are not damaged the Buyer will be responsible for the cost of carriage and will ensure that they are carefully packaged to avoid any damage in transit. The Seller will not be obligated to accept any goods that are damaged in any way. The Seller will only accept returns that appear in the Seller’s current Publication List.
Credit of amounts due or paid in will only be given for goods that are in saleable condition.
X. Limitations of Liability. The Seller shall not be liable for any loss or damage suffered by the Buyer in excess of the contract price.
Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of the Seller for death or personal injury as a result of the Seller’s negligence or that of its employees or agents.
XI. Force Majeure. The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lockouts, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural resource of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considered unreasonable, it may, without liability on its part, terminate the contract.
XII. Relationship of Parties. Nothing contained in these Terms and Conditions shall be construed as establishment or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of these parties as the agent of the other.
XIII. Waiver. The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
XIV. Acceptance. The act of completing a transaction on this website, www.AIAAUCF.com shall be construed as acceptance of these Terms and Conditions and bind the Buyer and Seller to their adherence.
XV. Severability. If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
XVI. Governing Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the United States of America, Florida, and Orlando, and the parties hereby submit to the exclusive jurisdiction of these entities.