Terms and Conditions
All sales are subject to the Metal Seagulls Terms and Conditions
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. Cancellation of any part ordered before entry to production will be subject to a 15% cancellation fee. Parts are considered ordered upon receipt of a deposit against production, whether for a part(s)/products produced directly by the seller or sourced from a third party.
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.
These terms and conditions govern your use of our website. Please read these terms in full before you use this website. If you do not accept these terms and conditions, please do not use this website. Your continued use of this website confirms your acceptance of these terms.
1.1 It is not necessary to register with us in order to use most parts of this website. However, particular areas of this website will only be accessible only if you have registered.
Use of website
1.2 This website may be used for your own private purposes and in accordance with these terms and conditions.
1.3 You may print and download material from this website provided that you do not modify or reproduce any content without our prior written consent.
1.4 All reasonable measures are taken by us to ensure that this website is operational all day, every day. However, occasionally technical issues may result in some downtime and accordingly we will not be liable if this website is unavailable at any time.
1.5 Where possible we always try to give advance warning of maintenance issues that may result in website down time but we shall not be obliged to provide such notice.
Visitor provided material
1.7 When using this website you shall not post or send to or from this website any material:
(a) for which you have not obtained all necessary consents;
(b) that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;
(c) which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
1.8 We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of Paragraph 1.7.
Links to and from other websites
1.9 Throughout this website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this website you do so at your own risk.
1.10 Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:
(a) you do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;
(b) you do not misrepresent your relationship with this website; and
(c) the website from which you link to this website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.
1.11 By linking to this website in breach of clause 1.10 you shall indemnify us for any loss or damage suffered to this website as a result of such linking.
1.12 Whilst we do take all reasonable steps to make sure that the information on this website is up to date and accurate at all times we do not guarantee that all material is accurate and, or up to date.
1.13 All material contained on this website is provided without any or warranty of any kind. You use the material on this website at your own discretion.
Exclusion of liability
1.14 We do not accept liability for any loss or damage that you suffer as a result of using this website.
1.15 Nothing in these terms and conditions shall exclude or limit liability for death or personal injury caused by negligence which cannot be excluded or under the law of the United Kingdom.
1.16 Your order will be processed and delivered without undue delay, no later than 30 days after your order has been placed.
1.17 Please allow for up to 7 working days for delivery following the dispatch of your order.
Cancellations, returns and refunds
1.18 All customers have the right to cancel their order under the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations.
1.19 Your right to cancel an order for goods starts the moment you place your order and ends 14 days from the day you receive your goods.
1.20 To meet the cancellation deadline, please notify us via email or phone about cancelling the order before the cancellation period has expired.
1.21 If you are in possession of the goods you are under the duty to retain them and take reasonable care of them. You must send the goods back to us to our contact address at your own cost (unless we delivered the item to you in error or the item is damaged or defective) as soon as possible once you have cancelled the order.
1.22 We reserve the right to make a charge not exceeding our direct costs of recovering the goods if you do not return the goods or return them at our expense.
1.23 Once you have notified us that you wish to cancel the order, any sum debited to us will be refunded to you as soon as possible and in any event within 14 days of your cancellation.
1.24 You will not have any right to cancel an order for the supply of any of the following goods:
(a) medicinal products or services that are either dispensed on prescription or are available free under an NHS arrangement.
(b) a contract for passenger transport services - such as bus, rail or flight tickets.
(c) the supply of goods or services where prices are dependent upon fluctuations in the financial markets, which are beyond the control of the retailer.
(d) the supply of goods that are made to the customer's specification or are clearly personalised.
(e) the supply of goods that are liable to deteriorate or expire rapidly - such as a delivery of fresh flowers or meat.
(f) the supply of newspapers, periodicals or magazines.
(g) the supply of accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities if the contract provides for a specific date or period of performance - for example, hotel bookings, courier services, car hire, restaurant bookings and theatre tickets for specific dates.
1.25 In addition you will lose your right to cancel if you:
(a) unseal goods that are not suitable for return if they are unsealed, due to health protection or hygiene reasons.
(b) unseal audio, video recordings or computer software that were sealed at the time of delivery.
(c) combine goods with other goods after delivery so that they become inseparable.
Law and jurisdiction
These terms and conditions are governed by English law. Any dispute arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Courts of England and Wales.