TERMS OF SERVICE
Below you will find our terms and conditions as they relate to your orders.
Terms of Service (“Terms”)
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before accepting Services from Aviation Training Foundation LLC (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and customers who access or use our Services.
By accessing or using the Service offered by Aviation Training Foundation LLC you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access or use our Service.
If you have questions or concerns, please contact me prior to accepting these terms.
These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is a material we will try to provide at least 15 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Manufacturing Time (Full Sim Builds)
Our turnaround time is dependent on many factors to include, size and scope of the project, scheduled projects in front of the new project, complexity of the simulator build or device to be created, Aviation Training Foundation LLC operating hours, and customers’ ability to provide all information requested by Aviation Training Foundation LLC in a timely manner.
On average for a full simulator build, turnaround time ranges from 3-6 months as of 10/18/2021. In some cases, turnaround time may be faster and Aviation Training Foundation LLC will keep the customer updated on the progress of the customer’s project.
Manufacturing Time (Standard Product Lines)
Our turnaround time is dependent on product demand and our manufacturing capabilities.
As of 10/18/2021: On average our standard products are manufactured and shipped within 30 to 45 days from the time the order was placed. In some cases due to unforeseen issues, such as supply chain issues, staffing, other economic issues, your order may take longer to complete.
Manufacturing Time (Custom Switch Panels)
Turnaround time for custom switch panels and other smaller hardware is dependent on product demand and our manufacturing capabilities.
As of 03/18/2022: On average our custom products (Not Full Sim Builds) are manufactured and shipped within 1 to 2 months from the time the order was placed. Custom orders require design work for our laser cutting equipment, as well as custom PCB (Circuit Board) designs. Parts have to be sourced and shipped into our facility prior to manufacturing.
In some cases due to demand, staffing, and economic issues, turnaround times may take longer. Please be patient and understanding with us as we grow our business.
Hours of Operation
Aviation Training Foundation LLC's normal hours of operation are from 9 am to 5 pm Monday through Friday. All Services offered will be completed during normal business hours. Some exceptions may apply with pre-approval and advanced notice.
Support & Warranties
CONSUMER: When you purchase a product from our standard line of products, we provide a 30-day return policy. This policy is in place primarily in the event of an issue with a product that would require a swap, or refund due to a defective part.
PROFESSIONAL MARKET/FULL SIMULATOR BUILD: When you purchase a flight training device or full simulator build, we do offer a 6 month to 1-year warranty. This warranty covers the replacement of any hardware that becomes defective as a result or normal wear and tear. You will be required to cover shipping costs. Basic support needs are also covered in that warranty.
SUPPORT: If a product or device becomes defective as a result of a bad computer update, bad drivers, software updates, or other hardware failures as a result of something we did, support will be provided to troubleshoot the issue. We want you to enjoy your product.
In the event a device becomes defective as a result of prolonged wear and tear or user error, we are available to help troubleshoot the issue at your expense. Please see the Hourly Rate Below.
Hardware: In the event that you have to send in a product/device to be repaired, you will be charged for labor and parts. Our standard hourly rate is listed below.
Products in need of repairs can be sent to:
Aviation Training Foundation LLC,
221 Strawberry Oaks Drive,
Orange City, FL 32763
Scheduling, Payments & Penalties
Scheduling of projects in our manufacturing queue is done on a first-come, first-serve basis.
**For full simulator builds, a 10% nonrefundable deposit is required in order to hold your space in the manufacturing queue. **
By accepting these terms, you agree that you understand that there are many ongoing long-term projects with Aviation Training Foundation LLC and work may only be scheduled for a limited amount of days each week for each individual project in some cases.
In order to add any project/product to our manufacturing queue, 100% payment for such projects must be received prior to scheduling. Once funds have been received, Aviation Training Foundation LLC will ensure that the new project has been added to the queue.
***For full sim builds, a 10% deposit is required to hold your spot in the manufacturing queue. 50% of the project total must be paid in order to start manufacturing full simulator builds.***
In some cases, a project may not be scheduled right away. Large Simulator Builds and other training devices often have a lead time. The lead time is determined based on the current projects in the queue, staffing requirements, hardware acquisition, and other economic issues can all play a role. However, said the project will remain in its current position in the queue (list) and will be scheduled for the next available opening.
All Invoices must be paid at the time of invoice to ensure that the project continues on schedule. Due to business expenses (staff, systems, tools, utilities, etc…), the operation of our business and the project flow is entirely reliant on cash flow. When payment for a project is past due, the project can and in most cases will stall. Meaning that Aviation Training Foundation LLC; will stop work on a project, and move on to the next project. If this happens a penalty fee of up to 10% of the project total may be applied to start up the project again. Please be understanding and mindful to not allow your project to stall.
Project Bids vs. Hourly
Project Bids are handled differently than hourly work. When we provide a client with a proposal/project bid, we provide the client with 3 payment options. Option 1: the client can pay the total amount upfront for a slight discount. Option 2: The client can pay 50% upfront and 50% during the complete week of the project. (This applies only to projects that are 4 weeks or less) Option 3: The client can pay 50% upfront, 25% at halfway, and 25% at completion. (Only available on projects over 4 weeks in length).
Option 3 is our standard practice as it allows our clients to work within their company’s cash flow.
Project bids are handled this way as well so that we as a company have the positive cash flow to pay our development team based on Milestones in which we can hold them accountable too.
Labor / Hourly Work: In some cases such as support work for current professional clients (Such as Flight Schools, FBOs, etc….) we charge an hourly rate. The current hourly rate as of 10/18/2021 is $55/hr.
Estimates & Invoices
Aviation Training Foundation LLC does not typically provide a project estimate/proposal without going through some discovery. This is just a simple phone call or online chat where we discuss the details for your custom project or order.
For all new projects, Aviation Training Foundation LLC will ensure that the customer and Aviation Training Foundation LLC have a full understanding of the work to be completed prior to providing a proposal. The work will be outlined in its entirety in a Scope of Work (SOW). Only the work provided on the SOW, invoice, and/or proposal, for which Aviation Training Foundation LLC has received payment, will be completed. Anything outside the scope of work printed on the invoice or proposal will require a new project proposal. We call this Scope Creep.
When this happens, we will do one of two things. Add the work to the project as long as the client agrees to the new estimate and pays for the additional work or we will provide a new project proposal for the work which can be completed at a later date.
Unplanned components, ideas, revisions, and project scope happens from time to time. When there is an unexpected event that will incur a cost, we will notify you ahead of time and will not proceed unless we receive clear approval for an increased budget and timeline.
Pricing for Services and or products from Aviation Training Foundation LLC may vary significantly depending upon many factors. Aviation Training Foundation LLC has the right at any time to adjust prices in order to maintain profitability for company growth.
Cancelations & Fees (Larger Projects and Full Sim Builds)
We understand that life happens, and as a result, you may find yourself in a situation where you must cancel your project. We will work with you to cancel your project, however, we need you to also understand the position this puts Aviation Training Foundation LLC in.
SIMULATORS, PARTIAL BUILDS, ONLINE ORDERS, CUSTOM HARDWARE:
When we take on a project and place your order in the manufacturing queue, we are dedicating not only that spot in line but the real estate/floor space in our workshop, along with the storage space for components and hardware related to the project. We are also dedicating staff members to the project. As a result, costs are incurred in the manufacturing, assembly, testing, programming, and delivery. This is why for any full simulator builds, or larger custom orders of components, we ask for a 10% nonrefundable deposit to hold your space in line. That nonrefundable 10% helps cover the costs involved in the unlikely scenario of a cancelation.
For customers who pay in full for a project or pay more than the 10% deposit, we will refund your money for a cancelation, minus the 10% deposit.
If your project has started manufacturing, and you wish to cancel your order (this includes all online orders, custom hardware orders, and full sim builds), you will only be refunded for work not completed. In other words, if 3rd party hardware was ordered, and labor was conducted for your project, you will be refunded minus the 10% deposit(deposit only applicable on larger orders), the labor involved up till that point, and the costs involved in purchasing the 3rd party hardware not carried in house by Aviation Training Foundation LLC. Some store credit however may be authorized on a case by case basis for the 3rd party hardware that is now in our possession after a cancelation. Please contact us to discuss this matter if you find yourself in this situation at: Info@aviationtrainingfoundation.com
If a dispute arises under the terms of this Agreement, including the affixed Proposal—which is specifically incorporated herein by reference— and the relationship the prevailing party shall be entitled to attorneys’ fees and costs. Attorneys’ fees and costs shall include any that become due as a result of an appeal if such becomes necessary. If there is a payment default, Aviation Training Foundation, LLC shall be entitled to recover all costs of collection.
Default Interest and Late Fees
For larger projects such as full simulator builds, FAA-approved flight training devices, payments that are more than 7 days late shall constitute a late payment and will be assessed a late fee equal to 5% of the amount due. Upon any default in payment, the amount due shall bear interest at the highest rate permitted by law.
Please understand that nonpayment will stall a project causing a disruption in our manufacturing line. Please be mindful.
If you have any questions about these Terms, please contact us at Info@aviationtrainingfoundation.com