Work Order Authorization - Reliable Jet Maintenance (Page 2 of 2) in pdf

ADDITIONAL TERMS AND CONDITIONS OF WORK AUTHORIZATION

Representation of Authority.

(d)

Owner shall be obligated to pay interest on all amounts not

paid when due at the rate of one and one-half percent (1.5%) per

Owner (as identified in the Work Authorization) hereby

month (eighteen percent (18%) per annum).

represents to Reliable Jet Maintenance, LLC (“RJM”) that if either

owns the aircraft described in the Work Authorization (the

Limited Exclusive Warranty and Waiver of Damages.

“Aircraft”) or is the authorized by the owner of such aircraft to enter

into the Work Authorization.

(a)

RJM hereby warrants that the Services performed

pursuant to this Agreement shall be free of defects in workmanship

Scope of Services, Rates.

for a period of sixty (60) days after the redelivery of the Aircraft by

RJM to Owner.

(a)

RJM shall accomplish the maintenance services

requested by Customer of the Work Authorization and as otherwise

(b)

The foregoing warranty (the “Limited Warranty”)

authorized by Owner and accepted by RJM (the “Services”). RJM

is confined only to the workmanship of RJM, and does not extend to

shall have the right to subcontract to other qualified repair or

a warranty of the quality or fitness of any parts, components or

overhaul facilities the performance of part or all of the Services.

equipment manufactured by any entity other than RJM, in regard to

(b)

The rates and charges for labor and parts provided

such parts, its sole and exclusive remedy and right to recovery shall

by RJM and by third party suppliers shall be set forth in, as

be against the subject manufacturer or supplier.

applicable, the Work Authorization, any supplemental Work

Authorization Form signed by parties, or as otherwise agreed.

(c)

The Limited Warranty provided above by RJM is

Absent a specific agreement establishing the amounts of rates and

conditioned upon (i) Owner providing to RJM (at the address first set

charges, RJM and Owner agree that such amounts shall be equal to

for the forth above, attention: Manager) written notice specifying the

RJM’s standard rates and charges.

purported defect in workmanship; and (ii) Owner, within thirty (30)

days after providing such written notice RJM, delivering the Aircraft

Delivery: Unavoidable Delays.

(or the pertinent portion thereof) to RJM for correction of the

purported defect in workmanship.

(a)

Unless otherwise provided in the Work

Authorization, the execution of the Work Authorization shall

(d)

Warranty claims shall be excluded when the

evidence the delivery of the Aircraft by Owner to RJM for the

Aircraft has been exposed or subjected to any of the following (i) any

performance of the Services (the “Delivery”).

maintenance, repair, installation, storage, operation, or the use which

(b)

At the Delivery of the Aircraft to RJM, Owner shall

is improper or otherwise not in compliance with the manufacturer’s

provide to RJM complete and accurate information, specifications

instructions or applicable law or regulations; (ii) any alteration,

and documents relevant to the Aircraft as requested by RJM,

modification or repair by anyone other than RJM without RJM’s

including, without limitation, log books and maintenance records.

prior written consent, which shall not be unreasonably withheld; or

(c)

RJM shall not be liable for delay or failure in the

(iii) any accident, foreign object damage, misuse, improper storage,

performance, in whole or part, of the Services if such failure is

neglect, or negligence after the redelivery of the Aircraft to Owner.

caused by public enemy fire, flood, strikes, or other labor disputes

(whether at RJM’s facility or elsewhere), riots, insurrection, war,

governmental orders or actions, failure of transportation, delays

LIBILITIES OF RJM AND REMEDIES OF OWNER SET

occasioned by suppliers or subcontractors, or any other cause beyond

FORTH IN THIS SECTION ARE EXCLUSIVE AND IN

the control of RJM not specifically mentioned herein.

SUBSTITUTION FOR, AND OTHER WARRANTIES,

OBLIGATIONS, LIBILITIES, RIGHTS, CLAIMS AND

Payment: Redelivery: Interest.

REMEDIES, EXPRESS OR IMPLIED WITH RESPECT TO

ANY NON-CONFORMANCE OR DEFECT IN THE

(a)

Owner shall make full payment to RJM in United

AIRCRAFT, INCLUDING BUT NOT LIMITED TO (i) ANY

States Dollars, of all amounts owing by owner as a result of the

IMPLIED WARRANTY OF MERCHANTABILITY OR

performance of the Services.

FITNESS AND (ii) ANY IMPLIED WARRANTY ARISING

(b)

Unless RJM and Owner expressly agree otherwise

FROM COURSE PERFORMANCE OR COURSE OF

in the Work Authorization, all amounts owing by Owner to RJM

DEALING OR USAGE OF TRADE.

shall be due and payable upon the completion of the Services and a

condition of the redelivery of the Aircraft to Owner.

Controlling Law: Jurisdiction: Attorney’s Fees.

(c)

RJM shall have the option of allowing Owner to

take such redelivery prior to Owner making full payment for the

(a)

The rights of the parties pursuant to the Work

Services; provided, however, that the Owner’s right to delay making

Authorization shall be governed by the Laws of the State of Florida.

full payment until after redelivery is conditioned upon (i) RJM

expressly agreeing in the Work Authorization to allow such delayed

(b)

Any suit, action or proceeding brought by RJM or

payment and (ii) the agreement that under no circumstances shall full

by Owner arising out of or relating to the Services shall be brought

payment be delayed beyond (10) days after the redelivery of the

exclusively in either the courts of the State of Florida, County of

Aircraft, RJM may file a lien claim against the Aircraft to ensure the

Palm Beach, or the United States District Court of Florida entitled to

fulfillment of the Owner’s repayment obligations.

an award of its reasonable attorney’s fees and expenses incurred in

connection therewith.

Work Order Authorization - Reliable Jet Maintenance Page 2

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