Terms and Conditions

1. Complete Agreement, Additions, and Changes

These Terms and Conditions, the order form and the order confirmation (collectively the “Agreement”) constitute the final expression of the entire agreement between tbone aviation and you and supersede any prior agreement or any contemporaneous oral agreement between the Parties on the subject matter. No addition or modification to this Agreement shall be valid unless agreed upon and made in writing by both Parties. tbone aviation reserves the right to change the terms and conditions of sale at the tbone aviation Online Shop at any time.

2. Sales to End Users Only

The tbone aviation Online Shop sells and ships Products to end user purchasers, re-sellers and airline companies only.

3. Ordering

The only way of ordering is through the tbone aviation Online Shop on the web-site: www.tboneaviation.com. Upon acceptance of order form, tbone aviation will send you a confirmation of your order via e-mail. The order confirmation constitutes tbone aviation’s acceptance of your order. Upon receipt of your ear impressions tbone aviation will send you an e-mail stating whether the headset can be made on the basis of those impressions. This e-mail will include information on the estimated time of shipment of the order (see “Shipment and Delivery”).

You are entitled to terminate the Agreement via e-mail to sales@tboneaviation.com within 14 (fourteen) days after submitting the order. You shall not be liable for any cost tbone aviation has incurred due to such termination. Under no circumstances will you be entitled to payment by tbone aviation of any cost that you may have incurred in connection with the order submittal, e.g., costs for ear impressions.

4. Price

The price per Headset is the list price as quoted on the official price list and on our web-site (on the order date). The price per Headset includes the ear-pieces (headset), amplifier, interface cable, carrying bag, and taxes or duties payable upon export, except for VAT. The price per Headset does not include ear impression costs (see below Clause 6), shipping costs, VAT and duties, taxes and other charges payable upon import of the Headset. (Contact the local customs agency for information on related duties, customs and other charges). tbone aviation reserves the right to change prices for products displayed at the tbone aviation Online Shop at any time. All prices quoted are in US Dollars.

5. Payment

Payment is to be made by credit card or bank transfer. At the time your order is placed by credit card, tbone aviation obtains a pre-approval from the credit card company for the amount of the order. Credit card billing occurs when your order ships.

The tbone aviation Online Shop accepts Visa, MasterCard, Diners, JCB, Visa Electron, and Maestro.

6. Ear Impression

tbone aviation’s delivery of the Headset is subject to you providing tbone aviation with a set of satisfactory ear impressions. tbone aviation urges you to have the ear impressions made by an authorized audiologist. Please click here for more guidance on how to find an authorized audiologist and for guidance on tbone aviation's requirements for the ear impression.

The costs and payment for the ear impressions are exclusively the responsibility of the purchaser and subject to agreement between you and the ear impression maker. You are responsible for all costs of shipping the ear impressions to tbone aviation.

tbone aviation is not responsible for any damage or loss caused by an ear impression.

tbone aviation reserves the right to terminate the Agreement without responsibility, should tbone aviation not have received a satisfactory set of ear impressions within 30 calendar days after your submittal of the order on the tbone aviation web-site.

tbone aviation reserves the right to reject an ear impression, if the quality of the ear-impression is unsatisfactory.

tbone aviation reserves the right to reject any order that cannot be completed due to the physical characteristics of your ear, e.g., a too narrow ear channel. In case of rejection of an order due to such physical characteristics, tbone aviation shall reimburse the purchaser for the reasonable cost of the ear impressions.

tbone aviation returns the ear impressions to the customer, in connection with the delivery of the product. tbone aviation does not return received impressions for orders which have been cancelled by the purchaser. 

7. Shipment and Delivery

The Headset will be shipped from tbone aviation within 4-8 weeks (the “lead time”) after receipt of satisfactory set of ear impressions. tbone aviation will notify you in the event of anticipated difficulty in meeting the lead time, but tbone aviation shall not be liable for any damages for failure to meet the lead time.

The shipping costs are not included in the price of the Headset. Consult our price list for estimated shipping costs to different locations.

The ordered Headset will be shipped by air transport. Average transport time is 3-5 working days.

The ordered Headset will be delivered to the shipping address in accordance with DDU (Inco terms 2000), which implies that tbone aviation arranges the transport and bears the risks of loss until the ordered item arrives at the shipping address. This risk is limited to the purchase price of the Headset. Once the ordered item is delivered to the shipping address and received by signature, the purchaser bears any risk of loss.

Signature is required for delivery: Please note that the shipping address cannot be a PO Box. If you will not be at the shipping address to accept delivery of your product, consider shipping the item to an address where someone you trust will be available to sign for your package. Please note that we are not able to adjust the shipping address once a package has left tbone aviation.

8. Return and Refund Policy

If you are not satisfied with your Headset for whatever reason, you may return the Headset to tbone aviation within 60 calendar days of your receipt of the Headset. The Headset must be returned in its original condition and in the original packaging including any accessories, manuals, documentation, and registration shipped with the product. You are responsible for risk of loss, damage, and delay in connection with the return of the Headset, and you are responsible for payment of all costs of returning the Headset to tbone aviation.

tbone aviation will refund the price of the Headset within 60 days of receipt of the returned Headset. Any other costs incurred by you, e.g. costs of ear-impressions, shipping charges, taxes and duties, will not be reimbursed by tbone aviation.

9. Limited Warranty

tbone aviation (tbone aviation a/s, Yderlandsvej 23, 2300 Copenhagen S, Denmark) provides a LIMITED WARRANTY on the Headset to the original purchaser solely and exclusively against material defects in materials or workmanship for 24 (twenty-four) months after delivery.

The warranty does not extend to normal wear and tear and accidental damage, nor to the Headset or parts thereof that has been subject to any alteration not authorized by tbone aviation, or experimental running of the Headset, any type of operation or use other than that for which the Headset is designed and not in compliance with the instructions in the User guide or other publications by tbone aviation, or to units from
which tbone aviation’s trademark or serial numbers has been altered, removed, or obliterated.

tbone aviation shall be responsible only for defects ascertained during the period of warranty. To make a claim under this warranty, tbone aviation must be notified in writing, e.g. by e-mail, identifying the purchaser, date of receipt of the Headset, defect, and date of discovery of defect within 14 (fourteen) days after such defect has been or should have been discovered. tbone aviation will determine whether the reported defect is a material defect in materials or workmanship and inform you within 14 days if the
defect qualifies for warranty coverage. Within 14 days of notification, you must mail the headset to tbone aviation at the address provided on our website. tbone aviation will repair or replace your Headset within 30 days, exclusive of the days the Headset spends in transit. tbone aviation is the only authorized service provider for warranty repair or replacement of your Headset.

During the warranty period, tbone aviation will replace or repair faulty parts covered by the warranty at its expense. You shall send the faulty Headset to tbone aviation on terms of DDP (Inco terms 2000) (implying that you shall arrange for and bear the cost and risk of shipping the faulty Headset to tbone aviation), and tbone aviation shall return the repaired or replacement Headset to you on terms of DDP (Inco terms 2000) (implying that tbone aviation shall arrange for and bear the cost and risk of returning the repaired or replaced Headset to you). When returning the Headset for warranty repairs, you must provide your name, address, airline, and a description of the problem. A form for providing this information is available on our website. Please click here for further details on the procedure for warranty repairs.

For substitute parts supplied as part of the warranty, the warranty period shall be 24 (twenty-four) months from the date of replacement. However, the warranty period shall expire no later than 6 (six) months after expiration of the initial warranty period.

If you are a consumer, this Clause might not apply due to mandatory law.

This warranty is limited to the original purchaser. No third party may make any claim based on this warranty. Resale of the Headset terminates this warranty. Any disputes under this warranty must be submitted to arbitration in accordance with Paragraph 17 of these Terms and Conditions.

10. Disclaimer of Warranties

The warranty described in the Agreement is in lieu of all other warranties.THE PARTIES AGREE THAT THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS, FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, ARE EXCLUDED FROM THIS AGREEMENT. No express warranties, representations, promises, or statements have been made by tbone aviation beyond those contained herein. It is expressly understood and agreed that tbone aviation shall in no way be deemed or held to be obligated, liable, or accountable upon or under any guarantees or warranties, express or implied, statutory, by operation of law, or otherwise, in any manner or form beyond the express terms set forth in the Agreement. If a court determines that this disclaimer of implied warranties is ineffective, any implied warranties shall be limited in duration to the time period of the limited express warranty set forth in these Terms and Conditions of Sales.

11. Technology Rights

All Technology Rights of the Headset are owned or licensed by tbone aviation and shall remain the property of tbone aviation.

12. Limitation of Liability for Damages, including Product Liability

Notwithstanding any other provision of this Agreement, but without prejudice to applicable mandatory law, in no event shall any and all amounts payable by tbone aviation under this Agreement as damages, compensation, in settlement of a claim or otherwise, singly or cumulatively, exceed the total purchase price paid by the purchaser. The purchaser’s remedy is limited to refund of the purchase price upon return of the Headset, or repair of replacement of the Headset. The Parties agree that this is the sole and exclusive remedy for any claim against tbone aviation in connection with the purchase of a Headset.

Notwithstanding any other provision of this Agreement, but without prejudice to applicable statutory law, neither of the Parties shall be liable to the other Party or third parties for indirect, incidental, special (including multiple or punitive) or consequential damages, including – but not limited to – loss of anticipated profit, lost data and their re-establishment, loss of goodwill or any other indirect damages, claimed to be incurred by the other Party whether such claim arises under contract, in tort (including strict liability) or otherwise. In the event, notwithstanding the above express limitation, consequential damages are permitted or found under operable law, no such damages shall be awarded for any commercial loss.

13. Force Majeure

Neither Party shall be considered in default or in breach of its obligations under this Agreement if the fulfillment of such obligations is prevented by overwhelming and abnormal impediment or occurrence which neither Party had reason to take into account when entering into this Agreement and which is independent of any action by either Party and could not be averted or prevented without unreasonable expense or loss of time. Such force majeure cases may result from war, mutiny, internal unrest, expropriation or confiscation for public needs, embargo, acts of God, acts of government authorities, discontinuation of public transportation or supply of energy, labor conflict or fire or some other unusual event with equally drastic effects beyond both Parties' control.

If the fulfillment of a contractual obligation is delayed due to any cause of force majeure or to an act or omission by the other Party, the time for fulfillment of the contractual obligation shall be extended by a period that is reasonable in the light of all relevant circumstances.

14. Termination

This Agreement shall become effective as of the date of submitting the order and shall remain in force until tenire obligations incumbent on the Parties under this Agreement have been fulfilled.

Without prejudice to any rights or remedies which the Parties may have against each other

a) you shall be entitled to terminate this Agreement in respect of outstanding deliveries
    with immediate effect by written notice, if the delivery of (any part of) the Headset is
    delayed beyond 10 (ten) weeks calculated as from the date of receipt by tbone aviation
    of a satisfactory set of ear impressions, with the exception of delays due to force majeure,
    cf. Clause 14;

b) either Party shall be entitled to terminate this Agreement with immediate effect by
    written notice in the event of:

    i) any application, filing, or order made for the bankruptcy, liquidation or winding up
       (or any similar judicial process) of the other Party or the other Party entering into
       any composition or arrangement with its creditors or having a receiver or manager
       appointed of all or any part of its assets or undertakings or taking or suffering any
       similar action in consequence of a debt, or

    ii) the other Party committing any material breach of the terms of this Agreement
       (except delay on the part of tbone aviation, which exclusively shall be governed by
       Clause 15) and failure to remedy such breach within 30 (thirty) days of receiving
       written notice of such breach from the other Party.

15. Invalidity

In the event that one or more of the provisions contained in this Agreement shall, under applicable laws, for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions of this Agreement. In such case, the Parties through mutual negotiations shall agree upon an amendment provision only for such provision held invalid, illegal, or enforceable which, while being legal in all respects, shall follow the intent of the original provision as
closely as possible. In the event the Parties cannot reach an agreement, the Parties agree that a court, arbitrator, or other judicial or quasi-judicial body shall construe the provision in accordance with the Parties’ intent when the Agreement was entered into. All other provisions shall remain in force without change.

16. Governing Law and Arbitration

This Agreement shall be governed by and interpreted in accordance with the laws of the Kingdom of Denmark.

Any dispute or claim arising out of or in connection with this Agreement, or the breach, termination, or invalidity thereof, shall be settled by arbitration in accordance with the Rules of arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with said rules.

The place of arbitration shall be Copenhagen, Denmark.

The language of the arbitration shall be English. The arbitrator and the legal counsels of the Parties shall be fluent in English.

The decisions of the Arbitral Tribunal shall be final and binding upon the Parties.

17. Notices

Any notice by you to tbone aviation under this Agreement must be sent by post, fax, e-mail or by hand to the address set out below or such other address as may be supplied by tbone aviation in writing for the purposes of this Agreement:

tbone aviation a/s 
Yderlandsvej 23 
2300 Copenhagen S 
Denmark

18. Headings

Headings included herein are for convenience only and shall not be used to construe this Agreement. The headings do not constitute part of this Agreement.19. Waiver Failure of a Party to enforce a right under this Agreement shall not act as a waiver of that right or the ability to later assert that right.

19. Errors

tbone aviation is not responsible for pricing, typographical, or other errors in any offer by tbone aviation and reserves the right to cancel any orders resulting from such errors. 

20. Confirmation of workplace

tbone aviation reserves the right to obtain information that confirms the customer's employment relationship in the airline stated on the order form.