LEGAL

General terms and conditions

General terms and conditions

SWP-USA Corp. dba CabinCrafts

GENERAL TERMS AND CONDITIONS OF SALE AND SERVICES

I. Application

  1. Orders shall become binding only upon written order confirmation by CabinCrafts. Any amendments, side agreements, or changes require written confirmation by CabinCrafts.
  2. All offers are subject to change unless expressly designated as binding.
  3. These Terms apply to all present and future business relations with the Buyer, even if they are not expressly referenced in subsequent transactions, provided the Buyer has previously received them.
  4. Any general terms and conditions of the Buyer are hereby expressly rejected unless CabinCrafts has expressly agreed to their validity in writing.
  5. Should any provision of these Terms be or become invalid or unenforceable, the remaining provisions shall remain in full force and effect.

II. Prices

  1. Prices are quoted EXW (Ex Works), excluding freight, customs duties, import charges, insurance, packaging, and applicable taxes.
  2. If material costs, labor costs, exchange rates, certification expenses, or supplier prices change after submission of a quotation or after order confirmation but before delivery, CabinCrafts and Buyer shall agree on an appropriate price adjustment. The same applies to cost components relating to tooling and molds.
  3. Where pricing is agreed based on part weight, the final price shall be determined by the weight of the approved samples or patterns.
  4. Follow-up orders do not establish any entitlement to previous pricing.

III. Delivery, Acceptance & Force Majeure

  1. Delivery periods shall commence only after CabinCrafts has received all required technical documentation, agreed advance payments, and any Buyer-supplied materials or data. Notification of readiness for shipment shall constitute timely delivery, even if shipment is delayed for reasons beyond CabinCrafts’ control.
  2. If delivery is delayed solely due to CabinCrafts’ fault (excluding force majeure, supplier delay, or certification authorities) and without willful misconduct or gross negligence, Buyer may, after granting a reasonable grace period, claim delay damages limited to a maximum of five percent (5%) of the affected portion of the contract value or withdraw from that portion of the contract, provided Buyer is not in default of acceptance.
  3. Partial deliveries and quantity variations of up to ±10% are permissible.
  4. For call-off or blanket orders without binding schedules, CabinCrafts may require a firm release plan and may withdraw or claim damages if Buyer fails to provide it within a reasonable time.
  5. If Buyer fails to accept delivery, CabinCrafts may, after notice, resell the goods and recover resulting damages.
  6. Events of force majeure, including supplier failure, certification delays, labor disputes, transport disruption, or governmental action, entitle CabinCrafts to extend delivery or withdraw in whole or in part without liability.
  7. Buyer shall promptly inspect and approve first articles or samples; failure to do so authorizes CabinCrafts to proceed with series production.

IV. Packaging, Shipping, Transfer of Risk, Default of Acceptance

  1. Unless otherwise agreed, CabinCrafts shall select packaging, carrier, and routing.
  2. Risk of loss passes to Buyer upon handover to the first carrier (EXW), even if freight is prepaid.
  3. In case of shipment delay caused by Buyer, risk transfers upon notification of readiness for dispatch.
  4. Insurance shall be effected only upon Buyer’s written request and at Buyer’s expense.

V. Reservation of Title (Retention of Ownership)

  1. All goods delivered by CabinCrafts shall remain the property of CabinCrafts until full payment of all amounts due has been received.
  2. Buyer may process or incorporate the goods in the ordinary course of business; however, until full payment is made, Buyer acknowledges CabinCrafts’ continued ownership and shall not pledge or use the goods as security for any third party.
  3. Buyer is entitled to resell the goods in the ordinary course of business. Until full payment is received by CabinCrafts, Buyer hereby assigns to CabinCrafts any receivables arising from such resale.
  4. Buyer shall promptly notify CabinCrafts of any seizure, attachment, or third-party claim affecting the goods and shall provide all reasonable assistance to protect CabinCrafts’ rights.
  5. Upon full payment, ownership of the goods shall transfer to Buyer.

VI. Warranty for Defects and Quality

  1. The quality and conformity of the goods shall be determined solely by the applicable drawings, specifications, and approved samples.
  2. Buyer shall inspect the goods upon receipt and notify CabinCrafts in writing of any visible defects within ten (10) days. Hidden defects shall be reported immediately upon discovery.
  3. Unless otherwise stated in the quotation or required by mandatory law, the warranty period is twelve (12) months from transfer of risk and is limited to the warranty provided by the original manufacturer or supplier (pass-through warranty only).
  4. In case of a justified defect, CabinCrafts shall, at its option, arrange repair or replacement of the affected goods. If rectification fails within a reasonable time, Buyer may request a price reduction or withdraw from the affected portion of the contract, subject to the limitation of liability.
  5. Any unauthorized modification, repair, improper installation, misuse, or normal wear and tear shall void all warranty claims.
  6. All certification documents (including EASA Form 1, FAA 8130-3, or equivalent) are provided as issued by the respective approval authority or production organization. CabinCrafts does not provide any independent or additional airworthiness or performance warranty.

VII. Limitation of Liability

  1. CabinCrafts shall be liable only for damages caused by:
    • Willful misconduct
    • Gross negligence
    • Death or bodily injury
    • Mandatory product liability law
  2. For breach of essential contractual obligations, liability shall be limited to foreseeable, contract-typical damages.
  3. In all cases, total liability shall not exceed the net invoice value of the affected goods or services.
  4. CabinCrafts shall not be liable for:
    • Loss of profit
    • Loss of use
    • Aircraft on Ground (AOG) costs
    • Consequential or indirect damages
    • Schedule disruption or operational losses

VIII. Terms of Payment

  1. All payments shall be made in USD unless otherwise agreed.
  2. For new accounts, payment terms shall be Cash in Advance prior to shipment or commencement of services.
  3. For established accounts, payment terms shall be Net Thirty (30) days from the invoice date, subject to credit approval and continued satisfactory payment history.
  4. Cash discounts apply only if expressly agreed and only if all previous invoices are fully settled.
  5. Late payments shall accrue interest at a rate of one and one-half percent (1.5%) per month, or the maximum rate permitted by law, whichever is lower.
  6. Buyer may only offset or withhold payment against claims that are undisputed or finally adjudicated by a court of competent jurisdiction.
  7. Failure to comply with agreed payment terms, or circumstances giving rise to reasonable doubt as to Buyer’s creditworthiness, shall entitle CabinCrafts, at its sole discretion, to:
    • Declare all outstanding amounts immediately due and payable, and/or
    • Require Cash in Advance for current and all future orders, and/or
    • Suspend deliveries or withdraw from the contract without liability.

IX. Tooling, Molds, and Production Equipment

  1. Tooling prices include one initial sampling. Additional sampling, modifications, or changes requested by Buyer are chargeable.
  2. Unless expressly agreed otherwise in writing, all tooling, molds, fixtures, and production aids remain the exclusive property of CabinCrafts.
  3. Tooling shall be used exclusively for Buyer’s orders as long as Buyer fulfills its payment and acceptance obligations.
  4. Custody obligations expire two (2) years after last production, following written notice to Buyer.
  5. If ownership transfer is agreed, title shall pass only after full payment. Until then, CabinCrafts retains exclusive possession and a right of retention.
  6. Buyer-owned tools in CabinCrafts’ custody are held with the same care as its own property. Insurance is at Buyer’s cost.

X. Buyer-Furnished Materials and Data

  1. Any materials, components, drawings, specifications, CAD/3D models, technical data, samples, prototypes, tooling, test equipment, software, or other information provided by Buyer (“Buyer-Furnished Items”) shall be delivered in a complete, accurate, and defect-free condition, in a timely manner, and at Buyer’s sole risk and expense.
  2. Delays, errors, or defects in Buyer-Furnished Items shall automatically extend delivery schedules and entitle CabinCrafts to recover any resulting additional costs, including but not limited to engineering, rework, testing, certification, and production delays.

XI. Intellectual Property and Third-Party Rights

  1. If production is based on Buyer’s drawings, samples, or specifications, Buyer warrants that no third-party rights are infringed.
  2. Buyer shall indemnify CabinCrafts against all third-party claims arising from IP infringement.
  3. All drawings, models, tooling, software, and technical documentation developed by or for CabinCrafts remain its intellectual property unless otherwise agreed.
  4. Unused samples or data may be destroyed after three (3) months following quotation unless return is requested.

XII. Governing Law and Jurisdiction

  1. Place of performance shall be CabinCrafts’ principal place of business.
  2. These Terms shall be governed exclusively by the laws of the State of Florida, USA, excluding conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG).
  3. Exclusive jurisdiction shall be the state and federal courts located in Miami-Dade County, Florida.

Contact Information

CabinCrafts welcomes your questions or comments regarding this Statement of Privacy. If you believe that CabinCrafts has not adhered to this Statement, please contact CabinCrafts at:

CabinCrafts Americas
2101 Brickell Avenue. Miami, Florida 33129

Email Address: info@cabincrafts.co

Telephone number: +1 (305) 951 8221

CABINCRAFTS AMERICAS – GENERAL TERMS & CONDITIONS

Version: 1.3

Effective Date: 01 Janury 2024

Last Updated: 27 January 2026