TERMS & CONDITIONS
The Undersigned (Hereinafter “Purchaser”) agrees to purchase from Top Rudder Aircraft LLC (Hereinafter “seller”) the kit(s), Components, and accessories by the purchaser as reflected on the invoice executed concurrently herewith for the price as reflected on said invoice and the following other terms and conditions:
TAXES: Purchaser is liable for all sales, use or other taxes resulting from the purchase that are assessed by the agency for any jurisdiction that may apply to this purchase. A $300.00 sales tax will be added for South Carolina Residents and all customer pick-ups at the factory
LIMITED WARRANTY: Seller’s sole obligation to Purchase after the sale is that it warrants to replace, without charge, any part or component of this order manufacturer by Seller and discovered to be missing or defective within 30 days after the date of delivery of the Seller provided that purchase proves to the satisfaction of the Seller that said part or component missing or defective at the time it was delivered. All parts claimed defective should be returned properly identified to the Seller within the 30 days of aforesaid. This warranty to replace applies only to new and unused materials that after shipment from the factory of the Seller have not been abused, altered, changed, tampered with or treated in any manner whatsoever. In no event shall Seller by liable for special, incidental, or consequential damages including personal injury or property damage claims incurred by Purchase or any other person. This warranty is extended to ORIGINAL PURCHASER ONLY and is not transferable. SELLER DISCLAIMS ALL OTHER WARRANTIES, OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILTY OR MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.
RELEASE OF LIABILITY WAIVER: Purchaser acknowledges that the term of the Release of Liability and Wavier, that Purchaser executes concurrently herewith are material aspects of this purchase agreement and are incorporated into terms of this purchase agreement.
ENTIRE AGREEMENT: It is further agreed that this Purchase Agreement, if accepted by Seller, is the only contract controlling this sale and purchase, and that it contains all agreements, expressed or implied, whether verbal or in writing, and Purchaser acknowledges receipt of a copy of the same.
SERVEABLE: If any provision herein is deemed void, illegal or voidable as a matter of law, the remaining portions hereof shall remain binding and enforceable as if severable from such void, illegal, voidable, or unenforceable provision
BINDING EFFECTS: This agreement shall inure to the benefit of and be binding on each of the parties and their respective estates, executors, personal representatives, heirs, successors, and assigns.
ATTORNEY FEE: In the event legal actions becomes necessary to enforce any of the terms of this contract, the prevailing party shall by entitled to reasonable attorney’s fees and cost incurred therein.
APPLICABLE LAW VENUE: This agreement shall interpret, construed and enforced in all respects in accordance of the laws of the State of South Carolina. Buyer shall not convince nor prosecute any suit proceeding or claim to enforce the provisions of this agreement, to recover damages for breach or default under this agreement, or otherwise arising under or by reason of this agreement other than the counts of the State of South Carolina or the district court of the United States, district of South Carolina Buyer irrevocably consents to the jurisdiction of the courts of the State of South Carolina wit Venue laid in Oconee County and the district court of the United States, District of South Carolina.
THE UNDERSIGNED HEREBY CERTIFES THAT HE OR SHE HAS READ THE TERMS AND PREVISIONS OF THE PURCHASE AGREEMENT AND AGREES TO ACCEPT AND COMPLY WITH THE FOREGOIN AND CONDITIONS FOR PURCHASE OF THE KIT(S) COMPONENTS AND ACCESSORIES BY TOP RUDDER AIRCRAFT LLC
RELEASE OF LIABILITY AND WAIVER
The undersigned recognizes that Top Rudder Aircraft kits may fall under the jurisdiction of the Federal Maintenance inspection, whether pilot experience and judgment of the purchase/builder, and/or pilot, and that the purchase/builder must accomplish more that 51% of the work required to complete the aircraft, the undersigned must assume the ultimate responsibility of its airworthiness and may be required to obtain a FAA airworthiness certificate and operate the aircraft compliance with all applicable FAA rules and regulations.
The undersigned acknowledges and accepts sole responsibility for the construction and operation of the Top Rudder Aircraft Kit constructed, and the undersigned releases Top Rudder Aircraft LLC, its owners, agents, heirs, assigns and all employees from any liability for an bodily injury or property damage arising from his construction, maintenance, or operation of the Top Rudder Aircraft Product
The undersigned hereby recognizes the hazards and risks involved in the use, maintenance, and operation of the products purchased hereunder, and as part of the consideration of the execution of the agreement by the acceptance of this agreement by the Seller, ad undersigned hereby assumes the risk of said use, maintenance, and operations of the said products, and agrees to hold the Seller harmless and reimburse and identify it for all liability arising from Purchaser’s use maintenance and operation of said products, or from any other person use, maintenance, or operation of said.
The undersigned accepts sole responsibility for proper assembly, testing, and regular maintenance of any Top Ruder Aircraft Product and full compliance of the applicable aviation regulations.
The undersigned acknowledges that he or she has fully investigated and researched the undertaking of assembling a kit. The undersigned agrees that the Seller has no obligation to the undersigned if the undersigned fails to complete the kit for any reason.
Purchase has read, investigated, and thoroughly understands the aviation regulations applicable to his use of the Top Rudder Aircraft Product, understand the certification requirements and interpretation of the regulations by the various authorities. Purchaser recognizes and agrees that many factors beyond the control of the Seller affect the certification of the Top Rudder Aircraft Product, including:
The final as constructed quality and result in airworthiness, which is directly and exclusively the result of the action of the undersigned
Varying interpretation of the FAA and other regulatory agencies of the regulations for the certification of homebuilt or kit aircraft
The Purchase understands that the Seller does not represent that any Top Rudder Aircraft will qualify for certifications in any particular country or otherwise comply with any regulations that Seller accepts no responsibility whatsoever for such certification. The Purchase accepts the sole responsibility for certification of any Top Rudder Aircraft Product. THE UNDERSIGNED RECOGNIZES THAT HE OR SHE HAD READ AND UNDERSTANDS AND AGREES TO COMPLY WITH THE FORGOING LIMITATIONS OF SELLERS LIABILITY AND RECOGNIZES THAT SAID LIABILITY LIMITATION ARE NECESSARY IN ORDER TO KEEP THE PURCHASE PRICE REASONABLY LOW FOR THE TOP RUDDER AIRCRAFT PRODUCTS.
Get to know our Privacy Statement and your choices about how information is used. This notice is designed to provide transparency into our privacy practices, in a format that is easy to read, understand and navigate. Reference each section to get an overview of how we collect, use, share, and safeguard your information.
Information We May Collect
We collect three main types of information related to you or your use of our products and services:
(1) Information from or about you or your devices
(2) Information from or about your Top Rudder Aircraft LLC vehicle
Depending on the Top Rudder Aircraft LLC products and services you request, own, or use, not all of these types of information may be applicable.
How We May Use Your Information
We may use information we collect to:
(1) Communicate with you
(2) Fulfill our products and services
(3) Improve and enhance development of our products and services
This includes contacting you (or other necessary parties) to advise you of important safety-related information, to notify first responders in the event of an accident involving your vehicle, present products and offers tailored to you, or to respond to your inquiries and fulfill your requests for product information, newsletters, or other events.
Sharing Your Information
We may share information with:
(1) Our service providers and business partners when necessary to perform services on our or on your behalf
(2) Third parties you authorize
(3) Other third parties as required by law
Some examples of when we may share your information include, payment processing, order fulfillment, product installation, customer service, marketing, financing, service or repair, and other similar services.
How to Contact Us
Top Rudder Aircraft LLC
256 McPhail Poultry Farm Rd
Seneca, SC 29678