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AEROCHECK MRO TERMS AND CONDITIONS

 

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. 

  1. (d) Owner shall be obligated to pay interest on all amounts not paid when due at the rate of (1.5%) per month, (18%) per annum. 
  2. 5. Limited Exclusive Warranty and Waiver of Damages 
  3. (a) ACM hereby warrants that the services performed pursuant to this agreement shall be free of defects in workmanship for a period of (90) days after the redelivery of the aircraft by ACM to owner. 
  4. (b) The foregoing warranty (the “Limited Warranty”) is confined only to the workmanship of ACM, and does not extend to a warranty of the quality or fitness of any parts, components or equipment manufactured by any entity other than ACM. In regard to such parts, its sole and exclusive remedy and right to recover shall be against the subject manufacturer or supplier. 
  5. (c) The Limited Warranty provided above by ACM is conditioned upon (i) owner providing to ACM (at the address first set forth above, attention: Manager) written notice specifying the purported defect in workmanship; and (ii) owner, within (30) days after providing such written notice to ACM, delivering the aircraft (or the pertinent portion thereof) to ACM for correction of the purported defect in workmanship. 
  6. (d) Warranty claims shall be excluded when the aircraft has been exposed or subjected to any of the following: (i) any maintenance, repair, installation, storage, operation or use which is improper or otherwise not in compliance with the manufacturer’s instructions or applicable law or regulations; (ii) any alteration, modification, or repair by anyone other than ACM without ACM’s prior written consent, which shall not be unreasonably withheld; or (iii) any accident, foreign object damage, misuse, improper storage, neglect, or negligence after the redelivery of the aircraft owner. 
  7. (e) THE WARRANTIES, OBLIGATIONS AND LIABILITIES OF ACM AND REMEDIES OF OWNER SET FORTH IN THIS SECTION ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND OTHER WARRANTIES, OBLIGATIONS, LIABILITIES, RIGHTS, CLAIM AND REMEDIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY NON-CONFORMANCE OR DEFECT IN THE AIRCRAFT, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS AND (ii) ANY IMPLIED WARRANTY ARISING FROM COURSE PERFORMANCE OR COURSE OF DEALING OR USAGE OF TRADE. 
  8. 6. Controlling Law; Jurisdiction: Attorneys’ Fees 
  9. (a) The rights of the parties pursuant to the Work Authorization shall be governed by the laws of the State of Arizona. 
  10. (b) Any suit, action or proceeding brought by ACM or by owner arising out of or relating to the services shall be brought exclusively in either the courts of the State of Arizona County of Maricopa, or the United Stated District Court for the District of Arizona entitled to an award of its responsible attorneys’ fees and expenses incurred in connection therewithin.