General

These Terms and Conditions set forth the standards, terms and conditions of use of the Products and Services (as defined below). By purchasing the Products and Services you agree to these standards, terms and conditions. 360 Avionics Company (also referred to herein as “we”, “us”, “our”, “Company” and “360 Avionics”) reserves the right, at any time and in our sole discretion, to modify, alter, or update the Terms and Conditions without prior notice. Modifications will become effective immediately upon being posted on the 360 Avionics web site (www.360avionics.com). Except as provided in this paragraph, these Terms and Conditions may not be amended. 

The term “Products and Services” as it is used in these Terms and Conditions includes, without limitation, our 360 Avionics website (www.360avionics.com), as amended from time to time, Products and Services advertised on the website and Products and Services offered by 360 Avionics Company for sale by email and/or certain internet forums. Your continued use of the Products and Services, constitutes your acknowledgement and acceptance of these Terms and Conditions, as amended from time to time. If you do not agree to these terms and conditions, then you should immediately cease all usage of the Products and Services from 360 Avionics Company.

Shipping Information
360 Avionics Company normally ships goods within 2 - 4 weeks after the order is placed by customer and payment is received by 360 Avionics Company. Shipping times may vary depending on the products ordered, parts availability and production work load. 360 Avionics Company will only ship complete orders, once all the parts are in stock. In the event that your kit consists of out-of-stock products, 360 Avionics may require additional time to prepare your order and in these special cases 360 Avionics will notify the customer of any shipping delays associated with these orders. All shipping dates given are based on estimates provided by suppliers and/or production lead times. 360 Avionics Company cannot guarantee delivery dates, since delivery dates depend on the shipping carrier used . If you need to receive an order by a specific date, please contact 360 Avionics Company for assistance. If you want 360 Avionics Company to ship partial orders (i.e. before all parts are received by us), we can do it, but additional shipping charges may apply.

We do not ship to PO Box addresses. If you pay for your order by credit card, we will ONLY ship your order to the Billing Address, associated with your credit card.

We use Canada Post or Purolator to ship all domestic orders (within Canada) and DHL Express or Purolator to ship all international orders, unless a different service is requested by the customer (under his own account with the carrier) at the time of placing the order, provided that the chosen shipping carrier is authorized to ship the goods ordered by the customer. A customer is required to provide a phone number for all orders shipped by 360 Avionics Company. For each shipment, a tracking number will be provided to the customer within 48 hours after the order is shipped.

By default, all packages are shipped uninsured. You may purchase insurance from us for the full value of your parcel and freight shipment by sending us an email at info@360avionics.com and paying the indicated charge when the order is placed. If you do not purchase insurance, you will assume the risk of loss or damage that may occur during shipping. 

Payment Information
360 Avionics Company accepts payments by Bank Wire Transfer, EMT, Zelle, credit card or certified cheque (draft). A full payment is required before the order is shipped. 360 Avionics Company will begin processing orders after the payment has been received and cleared.

International Buyers (outside of Canada) – Please Note:

Import duties, brokerage fees, taxes and charges are not included in the item price or shipping cost. These charges are the buyer's sole responsibility. Please check with your country's customs office and local state authorities to determine what these additional costs will be prior to buying. For North American customers - our products are manufactured in Canada and we use Tariff 10 (NAFTA Agreement) for all shipments. Normally this should exempt you from additional taxes but this is NOT guaranteed so please check with local state authorities about possible additional brokerage fees/duties/taxes when receiving a goods from Canada.

Order cancellation

The Purchaser may cancel its order anytime prior to actual shipment without any penalty.  

DOA (Dead On Arrival), faulty or missing parts

We package all items with great care to ensure the items can withstand long hours of transportation and arrive safely at your home. After you receive your package, please inspect all items immediately. In case of damage, take multiple pictures of the damaged product and box and file a claim directly with the shipping company, if insurance was purchased. If insurance was not purchased, any damage that may occur during shipping is buyer's responsibility. Any claims for faulty or missing parts must be made to 360 Avionics Company as soon as practical after discovery. 

IMPORTANT: Please examine the goods prior to installation. Once installed, you will be deemed to have accepted any defects which should have been noticed with reasonable examination.

Return Policy

We accept returns. You can return unused, uninstalled product in the original condition and packaging for a full refund less shipping costs within 15 days from delivery date, accompanied by a proof of purchase, as well as the RMA number, which can be obtained by email from one of our representatives (at info@360avionics.com). The customer is responsible for correctly labeling the package with "RETURN ITEM" on the box and in the shipping paperwork.

If more than 15 days have passed since your product delivery date, we can no longer offer you a full refund. In most cases we still can offer you an in-store credit for the amount of the returned item cost less 15% - 20% restocking fees (depends on the product).

To follow-up on the status of your return, please contact us at info@360avionics.com.

Warranty coverage and limitations

Subject to the exceptions listed below, all products manufactured by 360 Avionics are covered by  a 24-month (2 calendar years) warranty against defects in materials and workmanship, from the shipping date (‘Warranty Period”).

If a hardware defect is suspected and a valid claim is received by 360 Avionics within the Warranty Period, you will be issued an RMA (Return Material Authorization) number and will be asked to return the Product for inspection, with shipping charges prepaid (including freight, insurance, duties, taxes, brokerage fees and other fees associated with the return of the product). You are also responsible for correctly labeling the package with "RETURN ITEM" on the box and in the paperwork.

Upon receipt of the returned Product, 360 Avionics will fully examine it. If the Product is found to be defective, at its option and as the sole and exclusive remedy available to Purchaser, 360 Avionics company will either (1) repair the hardware defect at no charge, using new or refurbished replacement parts, or (2) exchange the product with a product that is new or which has been manufactured from new or serviceable used parts and is at least functionally equivalent to the original product, or, at its option, if (1) or (2) is not possible (as determined by 360 Avionics company in its sole discretion), (3) refund the purchase price of the product. 

Once the defective product is repaired, if Purchaser is located in Canada, 360 Avionics will bear the cost of domestic surface shipping to deliver the product back to Purchaser. If Purchaser is located outside of Canada, Purchaser will be responsible for all international shipping costs to deliver the Product back to the Purchaser.

If replacement is required, the original Product must be returned to 360 Avionics before a replacement will be sent to the Purchaser. 

Exceptions mentioned above are:

(a) This warranty is void if the Purchaser repairs or modifies the product or the product has been damaged as a result of misuse and/or as a result of incorrect installation.

(b) This warranty excludes any liability other than that expressly stated previously, including but not limited to, any incidental or inconsequential damages. 

(c) This Limited Warranty applies only to hardware products manufactured by 360 Avionics company that have the "360 Avionics" trademark, tradename, or logo attached to them at the time of manufacture by 360 Avionics company. 

(d) The Limited Warranty does not apply to any non 360 Avionics hardware products or any software, even if packaged or sold with 360 Avionics hardware. Manufacturers, suppliers, or publishers, other than 360 Avionics company, may provide their own warranties to the Purchaser, but 360 Avionics and its distributors provide their products AS IS, without warranty of any kind. Software distributed by 360 Avionics company (with or without the 360 Avionics’s brand name including, but not limited to system software) is not covered under this Limited Warranty. Refer to the licensing agreement accompanying such software for details of your rights with respect to its use. 

(e) This warranty does not apply: (a) to damage caused by use with non 360 Avionics company products; (b) to damage caused by accident, abuse, misuse, flood, fire, earthquake or other external causes; (c) to damage caused by operating the product outside the permitted or intended uses described by 360 Avionics; (d) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of 360 Avionics or an 360 Avionics Authorized Reseller; (e) to a product or part that has been modified to significantly alter functionality or capability without the written permission of 360 Avionics company; (f) to consumable parts, such as batteries, unless damage has occurred due to a defect in materials or workmanship; or (g) if any 360 Avionics serial number has been removed, altered or defaced.

To the extent permitted by applicable law, this warranty and remedies set forth above are exclusive and in lieu of all other warranties, remedies and conditions, whether oral or written, statutory, express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties against hidden or latent defects. If 360 Avionics cannot lawfully disclaim statutory or implied warranties then to the extent permitted by law, all such warranties shall be limited in duration to the duration of this express warranty and to repair or replacement service as determined by 360 Avionics in its sole discretion. 360 Avionics does not warrant that the operation of the product will be uninterrupted or error-free. 360 Avionics is not responsible for damage arising from failure to follow instructions relating to the product's use. No 360 Avionics reseller, agent, or employee is authorized to make any modification, extension, or addition to this warranty, and if any of the foregoing are made, they are void with respect to 360 Avionics company.

All products which are sold and not manufactured by 360 Avionics  such are uAvionix and TCW products are subject to original manufacturer's warranty. Please directly contact with manufacturer for all warranty information and service. 

TSO approval and Liability limitations

This product does not yet have any TSO approvals as a flight instrument. 360 Avionics company as a manufacturer of this product will not help and responsibility for any sort of damage or destruction which can be caused by use of this product to any part of airplane caused by operation of this product.

To the extent permitted by applicable law, 360 Avionics company is not responsible for indirect, special, incidental or consequential damages resulting from any breach of warranty or condition, or under any other legal theory, including but not limited to loss of use; loss of revenue; loss of actual or anticipated profits (including loss of profits on contracts); loss of the use of money; loss of anticipated savings; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss of, damage to or corruption of data; or any other loss or damage howsoever caused including the replacement of equipment and property, any costs of recovering, programming, or reproducing any program or data stored or used with 360 Avionics company products and any failure to maintain the confidentiality of data stored on the product. Under no circumstances will 360 Avionics company be liable for the provision of substitute goods or services. 360 Avionics company disclaims any representation that it will be able to repair any product under this warranty or make a product exchange without risk to or loss of the programs or data. Some jurisdictions do not allow for the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you.

Indemnification

You agree to indemnify and hold 360 Avionics Company, its parents, subsidiaries, affiliates, director, officers, agents and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your use of the Products and Services, your violation of these Terms and Conditions, or infringement by you or other users of the 360 Avionics Company website service using your computer or otherwise accessing your account on this website, of any intellectual property right or any other right or claim of any person or entity.

Third-Party Sites
Our web site may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or accessed through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each such site, and we are in no way responsible for the operation, use or content of such sites. We encourage you to review the privacy policies and terms of use of any third-parties’ websites that you access.

Governing Jurisdiction of the Province of British Colombia
Our web site is operated in and provided from the Province of British Columbia, Canada. As such, we are subject to the laws of the Province of British Colombia and federal laws of Canada applicable therein, and such laws will govern these Terms and Conditions, without giving effect to any choice of law rules. We make no representation that our Products and Services, including this web site, are appropriate, legal or available for use in any other locations. Accordingly, if you choose to access our website, or otherwise use our Products and Services, you agree to do so subject to the laws of the Province of British Colombia, and the federal laws of Canada applicable therein.

Compliance with Laws
You assume all knowledge of laws applicable to these Terms and Conditions and your use of the Products and Services, and you are responsible for your compliance with any such laws. You may not use the Products and Services in any way that violates applicable provincial, state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any information or material relating to the Products and Services, or otherwise relating 360 Avionics Company, that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, provincial, state, national, or international law or regulation. This website is controlled, operated and administered by 360 Avionics Company from its offices within Canada. 360 Avionics Company makes no representation that the Products and Services, including this website, are appropriate or available for use at other locations outside Canada. The use of the Products and Services, including accessing this website, in or from jurisdictions where any or all of the Products and Services are illegal is strictly prohibited. If you access this website or otherwise use the Products and Services from a location outside Canada, you do so at your own risk and are responsible for compliance with all local laws.

No Waiver
No failure by 360 Avionics Company to enforce or exercise any provision of this Terms of Use Agreement will constitute a waiver of that provision, whether for past or future actions. Only a written waiver signed by an authorized representative of 360 Avionics Company will be a valid and enforceable waiver.

Document last updated August 16, 2024