Standard Terms and Conditions
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 in any action to enforce American Jet Center's rights hereunder.
A-2 LIMITATIONS OF LIABILITY: IN NO EVENT SHALL AMERICAN JET CENTER 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 AMERICAN JET CENTER'S PREMISES, UNLESS SPECIFICALLY AGREED IN WRITING. IN NO EVENT SHALL ANY ACTION BE COMMENCED AGAINST AMERICAN JET CENTER MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION
WITH RESPECT TO WHICH THE CLAIM IS MADE HAS ACCRUED. In the event American Jet Center physically damages Customer's property, Customer's sole and exclusive remedy, and American Jet Center’s sole and exclusive liability, is limited to the repair or replacement (at American Jet Center’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 American Jet Center 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. American Jet Center 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 American Jet Center’s reasonable control.
A-7 GROUND RUNS: Customer hereby authorizes American Jet Center 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 American Jet Center, all equipment and furnishings removed and not reinstalled in accordance with the specification shall become property of American Jet Center.
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 American Jet Center 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: American Jet Center warrants that Maintenance, Minor Repairs, Minor Alterations, and /or Service Bulletins performed by American Jet Center (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. American Jet Center warrants that Major Repairs, Major Alterations, Exterior Painting and /or Interior Refurbishments performed by American Jet Center 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 American Jet Center shall be to rectify any defect reported by the Customer within the warranty period at an American Jet Center facility or agreed upon location. The decision and methods used to correct, repair, or replace the defective item is solely within the discretion of America Jet Center. This warranty does not cover normal wear and tear and American Jet Center 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. American Jet Center shall not be responsible for denied or cancelled warranty plans or programs.
A-13 PAYMENT TERMS / SHOP LABOR RATE: Payment in full is due upon completion of the work and prior to release of the Aircraft, unless American Jet Center accepts other arrangements. Acceptance by American Jet Center 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.
Shop Labor Rate.
All maintenance, inspection, repair, modification, troubleshooting, and related services performed by American Jet Center shall be billed at a standard shop labor rate of Two Hundred Nineteen Dollars ($219.00) per hour, unless otherwise agreed to in writing by American Jet Center.
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 work scope balance.
Deposits are non-refundable and will be retained as liquidated damages in the event the project is canceled.
Labor shall be billed in increments of (0.5) of an hour, with a minimum charge of one-half (0.5) hour per work order item unless otherwise specified in writing. The applicable labor rate shall be the rate in effect at the time services are performed.
American Jet Center reserves the right to adjust its labor rates upon written notice and any revised labor rate shall apply to services performed after the effective date of such notice.
Overtime, after-hours, AOG (Aircraft on Ground), holiday, or off-site services may be subject to additional surcharges, which will be disclosed in advance when practicable.
If the Aircraft remains at American Jet Center’s facility beyond thirty (30) calendar days without payment in full of all outstanding charges and without written arrangements acceptable to American Jet Center, the Aircraft shall be deemed abandoned property to the fullest extent permitted by applicable federal and state law.
Lien Rights.
American Jet Center shall retain and may assert any and all possessory liens, mechanic’s liens, artisan’s liens, storage liens, and other statutory or contractual lien rights available under applicable state law and federal law, including rights recognized under the Federal Aviation Act. Customer expressly acknowledges American Jet Center's right to file appropriate lien documentation with:
The Federal Aviation Administration (FAA) Aircraft Registry;
The applicable state recording authority; and
The governing Airport Authority or municipal entity.
Sale or Auction.
Following expiration of all applicable statutory notice periods, American Jet Center will enforce its lien rights through any lawful remedy available, including but not limited to:
Forced lien sale pursuant to applicable state statute;
Public auction;
Private sale where permitted by law; or
Judicial foreclosure proceedings.
Notice of Intent to Sell.
If the Aircraft is deemed abandoned and all outstanding charges remain unpaid, American Jet Center will issue written Notice of Intent to Enforce Lien and Sell Aircraft to Customer and any recorded lienholders of record.
A-14 COMPLETION OF REPAIRS / RETRIEVAL / STORAGE:
Notice of Completion.
Upon completion of all authorized maintenance, inspection, or repair work, American Jet Center shall provide Customer with written notice (including electronic mail) that the Aircraft is ready for release.
Customer agrees to retrieve the Aircraft from American Jet Center's facility within five (5) calendar days in any of the following situations: (i) written notice that work has been completed, (ii) written notice that no further work will be performed, or (iii) written demand for removal of the Aircraft, whichever occurs first.
Five (5) Day Retrieval Requirement.
Customer shall retrieve the Aircraft and remit payment in full for all outstanding invoices within five (5) calendar days of receipt of such notice.
Storage Fees After Five (5) Days.
Any Aircraft not retrieved within five (5) calendar days following notice of completion shall be subject to a storage fee of Five Hundred Dollars ($500.00) per day, beginning on the sixth (6th) calendar day and continuing until the Aircraft is removed from American Jet Center’s premises. Storage fees shall accrue daily and be payable prior to release of the Aircraft.
Thirty (30) Day Non-Retrieval; Lien Enforcement.
Any Aircraft not retrieved within thirty (30) calendar days following notice of completion shall be deemed subject to the abandonment and lien enforcement provisions set forth in these Terms and Conditions. American Jet Center may, at its discretion and in accordance with applicable federal and state law, initiate lien procedures, including filing appropriate documentation with the Federal Aviation Administration (FAA) Aircraft Registry and applicable airport or governmental authorities, and may pursue all remedies available, including forced lien sale or public auction.
Continuing Charges.
All storage, administrative, legal, filing, and enforcement costs incurred as a result of Customer’s failure to timely retrieve the Aircraft shall be the sole responsibility of Customer.
A-15 SHOP SUPPLY FEE: A charge equal to 4% of total labor charges incurred in connection with the work performed by American Jet Center 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-16 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 American Jet Center.
A-17 FREIGHT: Quoted prices do not include any applicable freight charges or handling fees.
A-18 SMS: The information (Phone Numbers) obtained as part of the SMS consent process will not be shared with third parties for marketing purposes. Upon consenting to receive text messages from American Jet Center, you may receive communications related to Marketing and Customer Care .Please note that standard messaging disclosures apply. Our SMS message frequency is estimated to be 6000 text messages daily across all users. Carriers may charge fees for each message sent or received. These fees can vary based on the carrier's pricing structure and whether the message is sent domestically or internationally. Customers may opt-in for SMS messaging from American Jet Center verbally during a call initiated through our website www.americanjetcenter.com. During the call, customers will be asked: "Do you agree to receive texts from American Jet Center? Message frequency varies. Message and data rates may apply. Text HELP for help, text STOP to opt-out. See our privacy policy at www.americanjetcenter.com/privacy-policy." This consent agreement will not be shared with third parties and affiliates for marketing purposes. No SMS communication will be initiated without customer consent. Customers can opt-out of SMS messaging from American Jet Center by replying STOP at any time to any received SMS message. Once opted-out, they will receive no further SMS communication. Customers can opt back in at any time by replying START.
Standard Messaging Disclosures
- Messaging frequency may vary.
- Message and data rates may apply.
- To opt out at any time, text STOP.
- For assistance, text HELP or visit our website at www.americanjetcenter.com.
- Visit www.americanjetcenter.com/privacy-policy for privacy policy and www.americanjetcenter.com/terms for Terms of Service.