STANDARD TERMS AND CONDITIONS
A-1 APPLICABLE LAW: This Agreement shall be interpreted in accordance with the laws of the State of California. The parties hereto agree that any litigation arising out of this Agreement shall be in the State of California. Any legal action by Customer for breach must be commenced within one (1) year from the date of the breach. Customer agrees to pay all costs and expenses, including reasonable attorney's fees, incurred by American Jet Center (AJC) in any action to enforce AJC rights hereunder.
A-2 LIMITATIONS OF LIABILITY: IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY LOSS OF USE OF THE AIRCRAFT, LOSS OF PROFITS, DIMUNITION IN VALUE, OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGE TO THE AIRCRAFT RESULTING FROM ANY FAILURE OR REFUSAL TO PERFORM CUSTOMARY RECOMMENDED OR REQUIRED STORAGE AND MAINTENANCE PROCEDURES ON ANY AIRCRAFT HELD ON THE COMPANY'S PREMISES, UNLESS SPECIFICALLY AGREED IN WRITING. IN NO EVENT SHALL ANY ACTION BE COMMENCED AGAINST COMPANY MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION
WITH RESPECT TO WHICH THE CLAIM IS MADE HAS ACCRUED. In the event AJC physically damages Customer's property, Customer's sole and exclusive remedy, and AJC’s sole and exclusive liability, is limited to the repair or replacement (at AJC’s option) of the damaged portion of the property.
A-3 WAIVER: Failure by either party to assert all or not any of its rights upon any breach of this Agreement shall not be deemed a waiver of such rights either with respect to such breach or any subsequent breach, nor shall any waiver be implied from the acceptance of any payment or service. No written waiver of any right shall extend to or affect any other right either party may possess, nor shall such written waiver extend to any subsequent similar or dissimilar breach.
A-4 ENTIRE AGREEMENT: This written agreement contains the entire agreement of the parties regarding this matter, superseding any and all prior oral or written agreements or understandings. Any changes to this agreement must be agreed to in writing.
A-5 AIRCRAFT CONDITION AND PRICING: All Inspections, Maintenance, Service Bulletins and Installations are priced based upon information in current circulation on the date of the proposal. Any subsequent releases may result in price changes due to changes in the applicable approved data. Proposal pricing is based on the assumption that: the Aircraft is in airworthy condition; there is adequate space for the requested work; and the existing electrical/avionics interfaces and electrical power will accommodate the new installations and modifications. Proposed prices and downtimes are contingent on the Customer providing AJC with applicable: existing avionics, electrical and aircraft system diagrams and drawings; current weight and balance data; electrical load analysis data; and/or FAA Form 337 and other maintenance records and documentation that accurately represent the current condition of the Aircraft. Missing documentation or discrepancies between the supplied documents and the current Aircraft configuration may cause additional charges and / or extend the downtime.
A-6 SCHEDULING AND DELAYS: Any proposed completion date is only an estimated completion date and is not guaranteed. AJC is not liable or responsible for any loss of use, consequential, regulation or ruling that directly or indirectly interferes with or renders more burdensome the work; non-availability of parts, materials or components from suppliers; delays in transportation; labor strikes; delays in governmental approval or other causes beyond AJC’s reasonable control.
A-7 GROUND RUNS: Customer hereby authorizes AJC to perform such ground runs and taxiing as required, using properly qualified personnel.
A-8 FLIGHT TESTING: Any operational costs associated with the flight test (if required) such as fuel, flight crews, ground handling and insurance are the responsibility of the operator. Additionally, the Customer is responsible for providing any required data, authorizations, or registration materials required in support of the flight testing effort.
A-9 INTERIOR: Unless otherwise noted, quoted prices do not include interior removal, reinstallation or modifications required due to the many variances in interior configurations between aircraft and will be billed on a Time & Material basis.
A-10 REMOVED EQUIPMENT: Unless specifically documented by Customer and agreed to by AJC, all equipment and furnishings removed and not reinstalled in accordance with the specification shall become property of AJC.
A-11 CUSTOMER SUPPLIED PARTS: Customer agrees to pay a handling fee of 15% of the current list price for parts supplied by the Customer. These parts must pass AJC receiving inspection for condition as well as certification traceability prior to use. For each customer-supplied part, the minimum handling fee shall be $100.00 and the maximum shall be $3,000.00 and is subject to change.
A-12 WARRANTY: AJC warrants that Maintenance, Minor Repairs, Minor Alterations, and /or Service Bulletins performed by AJC (excluding fuel leak repairs) shall be free from defects for a period of ninety (90) days after the aircraft is approved for return to service. AJC warrants that Major Repairs, Major Alterations, Exterior Painting and /or Interior Refurbishments performed by AJC shall be free from defects for a period of one hundred eighty (180) days after the aircraft is approved for return to service. The sole and exclusive obligation and liability of AJC shall be to rectify any defect reported by the Customer within the warranty period at AJC facility or agreed upon location. The decision and methods used to correct, repair, or replace the defective item is solely within the discretion of AJC. This warranty does not cover normal wear and tear and AJC shall not be held responsible for either direct, indirect or consequential damages or expenses, including, but not limited to, the cost of chartering alternate transportation, travel or living expenses and does not cover Parts.
Parts are subject to the terms of each vendor’s warranty program. Customer agrees to be responsible for any claims or charges (includes parts and or labor) submitted to vendor that are unpaid by that vendor. AJC shall not be responsible for denied or cancelled warranty plans or programs.
A-13 PAYMENT TERMS / SCHEDULE: Payment in full is due upon completion of the work and prior to release of the Aircraft, unless AJC accepts other arrangements. Acceptance by AJC of less than full payment shall not be a waiver of any of its rights or remedies. Acceptable methods of payment include: cash, wire transfer, pre-approved company check or major credit card.
Credit card payments will be subject to a 3% processing fee.
Progress payments are required for projects expected to last more than 45 days. Progress payments shall be due every 30 days and equal to 50% of the remaining approved workscope balance.
Deposits are non-refundable and will be retained as liquidated damages in the event the project is canceled.
A-14 SHOP SUPPLY FEE: A charge equal to 4% of total labor charges incurred in connection with the work performed by AJC will be added to all Customer invoices for environmental charges, shop fees, and miscellaneous materials consumables. This charge covers tool calibration and items consumed, to include: tape, solvents, shop-cloths, sandpaper, cleaning compounds, brushes, grease, etc. This charge also covers costs incurred to comply with local, state, and federal environmental regulations.
A-15 TAXES / AIRPORT AUTHORITY FEE: Quoted prices do not include any applicable taxes, duties, tariffs, or fees. A 1% Airport Authority Tax Fee will be added to all Customer invoices for work performed by AJC.
A-16 FREIGHT: Quoted prices do not include any applicable freight charges or handling fees.