Terms and Conditions
Terms and Conditions
All work undertaken and/or services rendered, and/or spare parts and/or materials and/or goods supplied and/or fitted in connection therewith by Interjet Maintenance Pty Ltd. (The Company) in respect of or to the aircraft, aircraft engine/s and/or rendered and/or supplied and/or fitted, as the case may be upon and subject to all terms and conditions set out herein.
- The company shall have the right to leave any aircraft delivered to it for hangarage and/or repair and/or service and/or work to be undertaken thereto, in the open, whether tied down or not.
- The company shall not be liable for any loss, damage or destruction of or to any aircraft, aircraft engine/s or accessory/ies or the contents of any aircraft from any cause whatsoever including, but without in any way limiting the generality of the foregoing, any wrongful and/or negligent act/s or omission/s of any of the company’s servants, agents or invitees, while the aircraft, aircraft engine/s or accessory/ies, or the contents of any aircraft, is in the company’s possession, housed in the company’s hangars, left in the open, parked, taxied, or test flown or while under going inspection, overhaul repair or maintenance. Under no circumstances whatsoever shall the company incur any liability for any consequential loss or damage of any nature whatsoever and howsoever caused and whether due to any wrongful and/or negligent act/s omission/s of any of the company’s servants, agents involved.
- The Company shall forward any notification regarding any additional work required, not referred to in the “estimate”, to ensure the aircraft airworthiness, to the client for his/her approval. The client understands that the refusal to allow the Company to undertake such work, may void the aircraft’s airworthiness, or the company’s ability to complete the work, and as such absolves the Company from any damages or losses arising here from.
- All work done/services rendered by the Company in terms of this job card and/or pursuant to the provisions of 3 above, will be charged by the Company to the owner at the agreed charge/fee or alternatively the Company’s usual charge/fee there for, alternatively, at a fair and reasonable charge/fee there for. In the event that a company employee/s is/are required to fly on test flights additional charges will be levied. All spare parts and/or materials and/or goods supplied/fitted in terms of this job card and/or pursuant to the provisions of 3 above will be charged by the company to the owner at the agreed price there for, alternately, the market price thereof. The owner shall, accordingly, and therefore agrees and undertakes to be liable to pay all such charges/fees/prices/amounts to the Company before taking delivery of the aircraft.
- The owner understands and accepts that all work is required to be completed according to basic minimum requirements by the manufacturer and the SACAA. Further there may be instances where the work may be delayed, due to parts not arriving timeously or third party contractors delaying, or the SACAA not providing a Certificate of Airworthiness on time etc. and the Company accepts no responsibility for such delays. Pursuant to this, the Company accepts no responsibility for damages or consequential losses to the aircraft not being available to on the date or time estimated.
- The owner hereby consents to the jurisdiction of the Supreme Court of South Africa (Witwatersrand Local Division) in respect of any action or other legal proceedings which might be instituted against it by the company
- Without any way restricting the ambit of the provisions of clause 6 above and in the addition thereto, the owner hereby consents, in the terms of Section 45 of the Magistrate’s Court Act, Act No 32 of 1944, as amended, to the jurisdiction of the Magistrates Court in respect of the cause of action, in respect of any legal proceedings which might instituted against the company.
- It shall never the less be entirely within the discretion of the company as to whether to proceed against the owner in the Supreme Court referred to in 6 or the Magistrates Court referred to in 7 or in any other court having jurisdiction.
- The owner hereby selects its address as set forth in the job card as its domicilium citandi et executandi for all purposes of and arising out of the aforesaid repairs and any proceedings which might be instituted against it by virtue hereof or pursuant hereto or in connection herewith.
- The owner shall pay interest to the company on all amounts due and unpaid by it in terms hereof or arising here from at the rate of 3% per annum above the over draft rate charged to the company by its bankers for over draft facilities from time to time and calculated on a daily balance from the due date/s thereof until the actual date of payment thereof.
- The owner hereby undertakes to pay all charges whatsoever nature and which may be incurred by the company in securing the implementation of the owners obligation in terms hereof or the company’s rights in terms hereof including, without limitation by virtue of the foregoing, all legal costs, including attorney and client legal costs, collection commissions and tracing agent fees.
- Payment for work done/undertaken and/or services rendered and/or spare parts and/or materials and/or goods supplied and/or fitted by the company in terms hereof shall be effected by the owner to the company prior to the delivery to the owner of the aircraft, aircraft engine/s and/or accessory/ies, in the event, however, of the owner making the necessary arrangements with the company for the granting of credit facilities to the owner, which must be confirmed in writing and signed by the Managing Director of the company, such payment shall be effected by the owner to the Company within thirty (30) days of the delivery, any acceptance by the company of any late payments shall not be construed in any way whatsoever as a waiver by the company of any of its rights here under.
- All aircraft, aircraft engine/s and other accessory/ies which come into possession of or under the control of the company shall be subject to a special and general lien and pledge for all monies due by the owner due to the company in respect of work done and/or services rendered and/or spare parts and/or materials and/or goods supplied and/or fitted and for every other indebtedness of whatsoever nature which may now or at any time hereafter be or become owed by the owner to the company from whatsoever cause arising. In the event of the owner’s indebtedness to the company not being paid by the owner in full with fourteen (14) days after due date, the company shall be entitled, without any further notice to the owner, to dispose of such aircraft, aircraft engine/s and accessory/ies upon such terms and conditions and to such third parties and at such a price as the company may in its sole and absolute discretion deem fit and whether by the way of public auction or private treaty and the nett proceeds received by it from such realization shall be applied by the company firstly in reduction of the balance outstanding by the owner to the company in terms hereof and thereafter in reduction of every other indebtedness of the owner to the company from whatsoever cause arising.
- In the event of the owner failing to comply with any of the terms and/or conditions of this agreement and/or failing to accept delivery of the aircraft and/or aircraft engine/s and /or accessory/ies concerned within seven (7) days after being called upon by the company to do so, the owner shall be liable to pay hangar fees/rental to the company at the rate of R1,500.00 (one thousand rand) per day in consideration for the hangarage by the company of the aircraft and which amount shall be due and payable by the owner to the company weekly in advance.
- Quotations or estimates constitute rough estimates given by the company to the owner and/or it’s duly authorized representative and shall not be binding on the company in any way whatsoever. Accordingly, the company shall be entitled to claim and recover from the owner all amounts which may be due to it by the owner pursuant to the provisions hereof and the company shall not under any circumstances whatsoever, be bound by any quotations or estimates which may have been given by it or any amount which may be indicated/reflected thereon.