Terms and Conditions of Sale
KasperAero LLC · Revision A · Effective 10 October 2026
1. These terms govern
These Terms and Conditions of Sale apply to every quotation, order acknowledgement and sale by KasperAero LLC (Seller). Seller objects to and rejects any additional or different terms proposed by Buyer, including terms printed on or referenced by a purchase order, and no such term becomes part of the agreement unless Seller accepts it in a signed writing. Buyer accepts these terms by placing an order, by accepting delivery, or by paying an invoice, whichever occurs first.
2. Quotations and orders
Quotations are valid for 30 days unless stated otherwise and are not an offer capable of acceptance until confirmed by Seller order acknowledgement. Prices are subject to change before acknowledgement. An order is accepted only when Seller issues a written acknowledgement.
3. Prices, taxes and payment
Prices are in US dollars and exclude sales, use, excise and similar taxes, which are added where applicable. A tax exemption applies only where Buyer furnishes a valid exemption certificate before invoice. Payment terms are payment in full at checkout, or net 30 on approved credit. Overdue amounts bear interest at 1.5% per month (18% per year) or the maximum rate permitted by law, whichever is less.
4. Delivery, title and risk of loss
Shipping dates are estimates based on conditions at acknowledgement and are not guaranteed. Delivery terms are FOB Origin, Kent, Ohio. Title and risk of loss pass to Buyer on delivery to the carrier. Where Buyer directs shipment on its own carrier account, risk of loss passes on tender to that carrier and Seller has no responsibility for transit loss or damage.
5. Inspection and acceptance
Buyer shall inspect goods on receipt. Goods are deemed accepted unless Buyer gives written notice of a nonconformity within 30 days of delivery. Seller must be given a reasonable opportunity to inspect any goods claimed to be nonconforming.
6. Warranty
Seller warrants the goods as set out in the Warranty statement, which is incorporated into these terms. Except as expressly stated there, Seller makes no warranty of any kind, and expressly disclaims the implied warranties of merchantability and of fitness for a particular purpose.
7. Limitation of liability
Seller is not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost production, downtime, or damage to equipment monitored by the goods, however caused and on any theory of liability. Seller total liability arising out of or relating to any order shall not exceed the purchase price paid for the goods giving rise to the claim. These limitations apply even if a remedy fails of its essential purpose.
8. Application and suitability
Buyer is responsible for determining that the goods are suitable for Buyer application, including the fluid, temperature, pressure, vibration and electrical environment in which they will operate, and for any system-level safety function. Published specifications describe the goods; they are not a representation of suitability for a particular installation. Seller application guidance is offered in good faith and does not transfer that responsibility.
9. Export control
Goods and technical data supplied by Seller are subject to the export control laws of the United States. Buyer shall not export, re-export or transfer them in violation of those laws, and represents that it is not a party denied export privileges by the US Government. See the Export notice.
10. Changes and cancellation
Orders may not be changed or cancelled after acknowledgement without Seller written consent, and are subject to charges covering work performed and materials committed. Custom and configured items are non-cancellable and non-returnable.
11. Intellectual property
Sale of goods conveys no licence under any Seller patent, trademark, copyright or trade secret other than the right to use and resell the goods as supplied. Drawings, models, specifications and other technical data remain the property of Seller and are furnished in confidence.
12. Force majeure
Seller is not liable for delay or failure to perform due to causes beyond its reasonable control, including supply shortage, labour disruption, natural event, act of government, or failure of a supplier to perform.
13. Governing law and disputes
These terms are governed by the laws of the State of Ohio, without regard to conflict of law rules. The UN Convention on Contracts for the International Sale of Goods does not apply. Any dispute will be heard in the state or federal courts sitting in Portage County, Ohio, and both parties submit to the jurisdiction of those courts.
14. Entire agreement
These terms, the quotation and the order acknowledgement are the entire agreement between the parties and supersede all prior communications. No waiver of any term is effective unless in writing. If any provision is held unenforceable, the rest remain in effect.
Questions about these terms? Contact us.