Your attention is drawn to the following terms of acceptance of work to be carried out by Deltair Airmotive Limited, hereinafter referred to as 'The Company'
Whenever the company supplies any goods and services , or gives any information or advice to any persons, 'The Customer', whether gratuitously or otherwise in relation to aviation, it does so subject to the following terms which shall be deemed to be incorporated in contracts between the company and its customers.
QUOTATIONS
A written estimate of work requested may be supplied on application. No estimate or quotation given by the company constitutes an offer. The contract is made only when the company accepts an offer or order made by the customer. Clerical errors on quotations are subject to correction.
GOODS & SERVICES
Goods obtained for a specific customer requirement cannot be returned or credit allowed unless our supplier accepts the return of the goods in which case, any costs incurred by this company will be charged to our customer. Every reasonable effort will be made by this company to supply goods and/or services to the required airworthiness standard , but it should be appreciated that this company must, on many occasions, rely on the certified airworthiness standard of incoming goods and services to themselves. Should a dispute arise as a result of incoming goods and/or services being apparently or actually below the required airworthiness standard, this company will make every reasonable effort to resolve the dispute on behalf of the customer. This company cannot accept claims for consequential loss arising from the malfunction of goods and/or services provided.
ADDITIONAL WORK
If after the contract is made, and on further inspection or consideration, the company decides that further work is necessary, the company will inform the customer, and will not carry out such additional work without the customer's consent. If the customer does not wish the additional work to be carried out, and if the company considers that the work specified in the contract cannot then be reasonably completed, it shall not be bound to complete it, but the customer shall be liable to pay a reasonable charge for the care and custody of the goods until he takes delivery of them, and to pay for all work carried out in pursuance of the contract such proportion of the contract price as the materials and work actually provided represents as proportion of those specified in the contract.
TITLE OF GOODS
All goods, materials or services supplied by the company will remain the property of the company until paid for in full. In the event of non-payment for any reason, including bankruptcy, then the company reserve title to the goods and materials supplied, and may enter any aircraft at any location to remove and recover them.
PRICE
Certain of our suppliers reserve the right to alter their prices without prior notice, and the company must likewise reserve the right to pass on any increased charges so incurred.
STORAGE
The company reserve the right to make a charge for the storage of customer's property irrespective of any work carried out or to be carried out on these items.
INSURANCE
Every reasonable care is taken in the storage and handling of customers' property, but the company will not hold itself responsible for loss or damage to such property whilst in transit to or from our works, or on our property.
DELIVERY
Every reasonable effort will be made by the company to deliver to the customer any engines, spares or other materials if promised on a specific date, but no liability shall be accepted by the company for any loss or expense incurred by such non-delivery howsoever caused.
PAYMENT
Unless otherwise stated payment is strictly 28 days after delivery. Failure to make due payment in respect of deliveries, or part deliveries under this or any other contract between the buyer and the company shall entitle the company to delay, suspend or cancel deliveries in whole or in part as its opinion. If the Buyer does not have a credit account with the company, a proforma invoice will be issued and the Goods released after payment has been made. All payments shall be made in Sterling unless the parties agree otherwise in writing. Without prejudice to the company's other rights including the right in any event to sue for the price of the Goods immediately payment becomes due whether or not property in the goods has passed, the company reserves the right to charge interest to be added to the amount of any delayed payment at the rate of four percent (8%) above the base rate of the company's bankers in force at the time of invoice until the date of receipt of full payment. (Both before and after any judgement). The buyer shall not be entitled to withhold payment of any amount due under the contract in respect of any disputed payment claim for damage to the goods or in respect of any other alleged breach of contract by the company nor shall the buyer be entitled to set-off any monies for which the company disputes liability against any amount due or payable by the buyer under the contract.
QUALITY & FITNESS FOR PURPOSE
The company offers the customer the benefit of its warranty which can be obtained on request.
The company shall be deemed to have accepted the goods and/or services as being in strict accordance with the specific requirements of the customer unless within seven days from receipt of the goods and/or services he shall notify the company that they are not in accordance therewith.