1. Scope of the "Terms for the Provision of Aircraft Repair and ReFinishing Services."
1.1. These "Terms for the Provision of Aircraft Repair and ReFinishing Services," hereinafter referred to as "Repair Terms" apply to the provision of aircraft repair and ReFinishing services rendered to the Customer by the Contractor. The aircraft (glider) is hereinafter referred to as the "Aircraft". The Services can only be provided at the premises of the Contractor, and the Service is performed under the Ex Works (EXW) term, which means that the Customer covers the transportation cost to and from the Contractor's premises.
1.2. The services performed by the Contractor include: (a) ReFinishing; (b) periodic inspections and maintenance checks requested by the Customer; and (c) repairs, hereinafter referred to as the "Services".
1.3. The Customer requests the Contractor to perform the Services by filling in the Work Order form, attached hereto as Appendix 1. These Repair Terms shall apply to all subsequent orders made by the Customer, without having to re-identify them. By signing the Work Order form, the Customer agrees to these Repair Terms and the ReFinish Price List.
1.4. Examples of exclusions of services are provided in S4 hereto. The list of exemptions is not exhaustive.
2. Duties and responsibilities of the Contractor.
2.1. At all times during provision of the Services and until the Aircraft is collected by the Customer, the Contractor shall be responsible for the overall condition of the Aircraft and for the condition of the Gelcoat of the Aircraft during performance of works on site.
2.2. The Customer requests the Contractor to perform the Service and agrees to cover the following costs: (a) Aircraft transportation from the place indicated by the Customer to the place of performance of Services; (b) Aircraft ReFinishing; (c) Aircraft Gelcoat replacement; (d) procuring spare parts required to perform the Service (at the expense and risk of the Customer); (e) Aircraft parking and storage until the completion of the Service; and (f) Aircraft transportation from the place of performance of Services to the place indicated by the Customer.
2.3. For procuring spare parts referred to in S2(2), the Contractor shall charge a handling fee of 20% on top of the prices specified in the price list of the spare parts supplier, based on the invoice issued by the supplier.
2.4. The Contractor's liability for the performed Service shall be limited to a total of 20% (twenty percent) of the value of the Service covered by one order made by the Customer.
3. Duties and responsibilities of the Customer.
3.1. The Customer shall be responsible for the preparation of a trailer used for shipping the Aircraft so as to ensure its safe storage and transportation to the place of performance of Services. The Customer shall be fully responsible for all damage to the Aircraft before, during and after the Service performance caused by improper condition of the trailer.
3.2. The Customer agrees to insure the Aircraft and the trailer at its own risk and expense. The insurance shall cover the risks of loss or damage of the Aircraft and/or trailer, from the receipt of the Aircraft (and the trailer) by the Contractor from the Customer to their transport, during transport, and until the repaired Aircraft is collected by the Customer.
3.3. The Customer shall be responsible for ensuring the validity of the documents of the Aircraft and the trailer, so that they can be towed by a car registered in Poland through the territory of third countries; also, the Customer shall be responsible for the validity of Aircraft documents submitted to the Contractor which are required to perform the Services.
3.4. The Customer shall provide the Contractor with copies of the documents referred to in S3(2) and 3(3) above (registration document, insurance policy and other documents required to transport the Aircraft and the trailer) along with a signed Aircraft Handover Report.
3.5. The Customer accepts full financial and legal responsibility for non-delivery or delivery of incomplete documentation referred to in S3(2) and 3(3) above.
3.6. The Customer shall reimburse the Contractor (or its appointed agent) for any costs incurred due to the Customer's failure to fulfill its obligations specified in S3(5) above.
4.1. The following events shall not be covered by the warranty of the Contractor referred to in S8 below: (a) events concerning repairs which are not performed or not agreed outside the scope of the repairs described in the CRS; (b) Aircraft damage during transport caused by the trailer or during shipment by the Customer; (c) Aircraft damage or malfunction identified earlier but unreported by the Customer, which may have/may have had impact on the technical condition of the Aircraft; (d) damage to the Aircraft which was outside the scope of the Service; (e) surveys, inspections and repairs performed outside the premises of the Contractor, unless the Contractor has given its prior written consent or indicated another Contractor to perform the Service.
5. Contractor's Working Hours.
5.1. The Contractor provides Services from Monday to Friday (excluding Saturdays and public holidays), from 7.00 am to 03.00 pm ("Contractor's Working Hours").
5.2. The Contractor shall charge an additional fee of 100% of the hourly rate specified in the Refinish Price List for the Services performed outside the Contractor's Working Hours and on Sundays and public holidays, provided at the express request of the Customer; the fee shall be charged for every hour of providing the Services outside the Contractor's Working Hours.
6.1. The Contractor shall be entitled to remuneration for the performance of Services, as specified in the Refinish Price List.
6.2. The prices quoted in the Refinish Price List are net prices and shall be increased by VAT applicable on the date of the invoice.
7. Transportation Costs.
7.1. Aircraft transportation costs from the place of its handover to the Contractor or its appointed agent shall be borne by the Contractor.
7.2. The Customer shall be obliged to insure the Aircraft as provided for in S3(2) hereto.
8. Notification of Service Completion and Warranty.
8.1. The Contractor shall notify the Customer without delay of the completion of the Service performance and shall email the Customer a scanned proforma invoice for the performed Service, payable within 7 days from the date of its issue.
8.2. The Customer shall indicate the date of receipt of the repaired Aircraft, which cannot exceed 14 days from the date of notification by the Contractor of the repair completion. The Contractor shall hand over the Aircraft to the Customer upon confirmation of payment of 100% of the remuneration referred to in S8(1) above and upon signing by the parties of a Service Acceptance Protocol.
8.3. Upon receipt of payment of full remuneration for the performed Service, the Contractor shall issue and send a VAT invoice to the Customer.
8.4. The Contractor shall provide a one-year warranty for the performed Services. The warranty period starts from the date of receipt of the Aircraft by the Customer referred to in S8(2) above. Any warranty claim shall be reviewed first by Contractor. Review and approved repair service are being offered on EXW basis.
8.5. In the case the Customer fails to collect the Aircraft within 14 days from the date of notification by the Contractor of the repair completion, the Contractor shall charge an additional Aircraft parking fee of 10 EUR per day, calculated after expiry of the 14 days from such notification.
9. Payment Terms.
9.1. The Customer shall pay 100% (one hundred percent) of the remuneration payable to the Contractor for the performed Service, and other services provided by the Contractor to the Customer, before the Aircraft is handed over to the Customer, within 7 days from the date of the proforma invoice.
9.2. If the Customer fails to effect payment for the performed Services, the Contractor shall be entitled to charge interest at the rate of 10% per month.
9.3. The Customer shall pay the Contractor's remuneration to the account indicated in the proforma invoice.
10. Governing Law and Jurisdiction of the Polish Courts.
10.1. In matters not regulated by these Repair Terms the relevant provisions of Polish law shall apply, and in particular the provisions of the Civil Code on the contract of mandate.
10.2. Any disputes arising in connection with the provision of the Services shall be settled by the common court having jurisdiction over the Contractor.