Aircraft, engines, parts and kits sold by Metal Seagulls Ltd are NON-CERTIFIED, and we respectfully inform the buyer that our terms and conditions are as follows…. The Buyer accepts and agrees that:
Claims for defective materials or missing parts will be allowed only when such claims are made within thirty (30) days from the date of delivery/collection. No goods may be returned unless previously authorized by Metals Seagulls Ltd (‘the seller’)
Parts ordered specially for a buyer must be paid for prior to production, unless specifically agreed otherwise; all such parts once entered into production will not be able to be cancelled and must be paid for in full.
Orders once ready for shipment, if not shipped or collected within 45 days of their being made available will be subject to a storage charge of no less than £10 per day. Buyers will be made aware of charges before the charges come into force. Failure to collect/ship parts for more than 90 days may lead to forfeiture of the parts.
The Seller does not warrant that the the parts purchased nor installed or constructed by the Buyer, or any other person, will be airworthy, or will qualify for certification or registration by aviation authorities, or will meet the requirement of the Buyer. Notwithstanding, the Seller may provide from time to time, but is not required to provide, technical assistance during the assembly, installation and construction process. However, Buyer and seller specifically agree that responsibility for use of parts and or building of an aircraft or its parts shall rest solely with the Buyer and that no liability shall arise from or extend from any technical assistance provided by seller.
The Buyer acknowledges that the use, assembly and construction of the product requires certain technical experience and skill. Further seller and Buyer specifically agree that the seller cannot and does not warrant the ability of any individual, including buyer, to properly use, install, assemble, construct or maintain the kit or parts of the kind sold by seller. In exchange for technical assistance, purchaser and seller specifically agree that purchaser shall hold harmless seller from any and all liability which may arise from any technical advice provided by seller, seller’s employee, or seller’s agent.
In recognition of the above, and because they cannot control nor assure quality and accuracy of compliance with their instructions during and after use, installation or construction of items sold, the Seller and/or Buyer (and their agents, servants, employees, contractors, successors and assigns) hereby give notice to the Buyers and/or Operators (and their heirs, administrators and assigns) of this aircraft, that they carry no liability insurance.
The Seller respectfully reminds the Buyer of the importance of liaison with the relevant authorities/agencies/organisations (CAA/LAA/BMAA/etc) as may apply in relation to the use, installation, build, approval and operation of the item, items or completed aircraft. The rules, regulations and conditions laid out by these entities are outside the control or influence of the Seller.
Aircraft kits are sold as 51% Amateur Built Aircraft under a scheme administered by the Light Aircraft Association (LAA). As such the builder, not the Seller is deemed by UK law as the manufacturer of the finished aircraft, and as such must take full responsibility for the construction and safety of the aircraft. The Buyer of this aircraft or components, whether directly or indirectly from the Seller is warned that flying amateur built aircraft is not as controlled an activity as other forms of certified or commercial aviation. As a result, parts are manufactured from commercially available materials and components, some of which are not specifically designed for aviation use. Bearing in mind the above, the Buyer must ensure they fully inspect every purchased item on delivery, and before each flight thereafter and they must make themselves aware of all trends and changes which may make a particular item unsuitable for the use it was initially purchased. They must also satisfy themselves that a purchased item is suitable for the use to which they intend to employ it. The Seller can offer advice, but the final responsibility for the use of goods purchased rests solely with the Buyer (whether direct or indirect) or other user who employs such goods at his/her own risk. This warning applies to every part, item or service offered by the Seller and acceptance of, or payment for goods is an implicit acceptance of this warning.
By placing an order the Buyer attests that he/she has the full authority and capacity to accept these conditions – and has done so by placing the order. The Buyer acknowledges the receipt and understanding of this warning notice and so signifies, by their decision to go ahead with ordering, accepting these parts, building and subsequently operating the items, parts or aircraft, or any of its parts, and agree to hold the seller harmless from all liability and from any claims of damages and causes of action which may be incurred by them or any third party as a result of the purchase, use, construction, and operation of this aircraft, its plans, parts and components. The Buyer therefore assumes all risk, liability and responsibility relative to the construction and operation of the aircraft/use and/or installation of parts and agrees to take full responsibility for the build and subsequent operation of this aircraft/use of these parts and all aspects related thereto, waiving any claims present or future on Metal Seagulls Ltd, its directors, employees or agents.
Zenith/Zenair/SAM Aircraft Kit/Parts conditions of sale
In relation to any order for a Zenith/Zenair/SAM kit and or components, the Buyer agrees and accepts that Metal Seagulls Ltd (‘the Seller’) will, in collaboration with the manufacturer Zenith/Zenair/SAM, provide a kit or parts ordered under the standard terms and conditions of Zenair/Zenith aircraft sales and has accepted the conditions of the kit manufacturer in addition to the terms above.