1. Representation of Authority
Owner (as identified in the Work Authorization) hereby represents to RCA Avionics d.b.a. AeroCheck MRO (“ACM”) that if either own the aircraft described in the Work Authorization (the “Aircraft”) or is the authorized by the owner of such aircraft to enter into the Work Authorization.
2. Scope of Service Rates
(a) ACM shall accomplish the maintenance services requested by Customer on the Work Authorization and as otherwise authorized by Owner and accepted by ACM (the “Services”). ACM shall have the right to subcontract to other qualified repair or overhaul facilities the performance of part or all of the Services.
(b) The rates and charges for labor and parts provided by ACM and by third party suppliers shall be set forth in, as applicable, the Work Authorization, any supplemental Work Authorization Form signed by parties, or as otherwise agreed. Absent a specific agreement establishing the amounts or rates and charges, ACM and Owner agree that such amounts shall be equal to ACM’s standard posted rates and changes.
3. Delivery: Unavoidable Delays
(a) Unless otherwise provided in the Work Authorization, the execution of the Work Authorization shall evidence the delivery of the aircraft by owner to ACM for the performance of the services (the “delivery”).
(b) At the delivery of the aircraft to ACM, owner shall provide to ACM the complete and accurate information, specifications and documents relevant to the aircraft as requested by ACM, including, without limitation, log books and maintenance records.
(c) ACM shall not be liable for delay or failure in the performance, in whole or part, of the services if such failure is caused by public enemy, fire, flood, strikes, or other labor disputes (whether at ACM’s facility or elsewhere), riots, insurrection, war, governmental orders or actions, failure of transportation, delays occasioned by suppliers or subcontractors, or any other caused beyond the control of ACM not specifically mentioned herein.
4. Payment: Redelivery, Interest
(a) Owner shall make full payment to ACM, in United States Dollars, of all amounts owing by owner as a result of the performance of the services.
(b) Unless ACM and owner expressly agree otherwise in the Work Authorization, all amounts owing by owner to ACM shall be due and payable upon the completion of the services and a condition of the redelivery of the aircraft to owner.
(c) ACM shall have the option of allowing owner to take such redelivery prior to owner making full payment for the services; provided, however that the owner’s right to delay making full payment until after redelivery is conditioned upon (i) ACM expressly agreeing in the Work Authorization to allow such delayed payment and (ii) the agreement that under no circumstances shall full payment be delayed beyond (10) days after the redelivery of the aircraft, ACM may file a lien claim against the aircraft to evidence and secure owners repayment obligations.