General Terms and Conditions
Aviation Services – the services in relation aircraft/rotorcraft operation, maintenance, oversight of the operation or maintenance.
Marine Services - the services in relation marine vessel/motor yacht/boat/tender operation, maintenance, oversight of the operation or maintenance.
Aviation Invoice Inspection – the services related to inspection of the invoices for aircraft operation and maintenance.
Marine Invoice Inspection - the services related to inspection of the invoices for marine vessel/motor yacht/boat operation and maintenance.
Management accounting of aviation and marine assets - a service that includes accounting and analysis, development of optimization methods, planning and budgeting of costs for the customer's aviation and marine assets.
Engineering support services - services related to analysing of the technical documents (AD,SB,ASB, SIL, MOL, etc.), development of the technical documents (EO, AF, MEL, AMP, JC/TC/WC, CMP card, etc.), creating of the new tasks in the maintenance tracking systems such as (CAMP, CMP, RAMKO,etc.), prepartion of the documents for obtaining ‘Permit to Fly’, LONTO/NTO, creation of the operation manuals in accordance with OTAR requirements, EASA requirements, CAR requirements.
AD – Airworthiness Directives, documents issuing by Civil Aviation Authorities that is mandatory for implementation.
SB – Service Bulletins, documents issuing by OEM (Original Equipment Manufacturer) to increase reliability of the product (Optional SB), correct the known problem/malfunction of the product (Recommended SB) and correct the known defect of the product (Mandatory SB).
ASB - Alert Service Bulletin, document issuing by OEM to correct the know defect of the product in short internal. Such SB requires immediate reaction as the know defect has significant impact of the product provided by OEM.
SIL – Service Information Letter, the notification letter from OEM about current or upcoming changes in operation of the product manufactured by OEM, information about new malfunction that was found by operators during product operation, and any changes that will happen in nearest future that can influence on product support.
MOL – Maintenance Operation Letter, the notification letter from OEM about changing of the maintenance inspection intervals, proposing new maintenance approaches, etc.
EO – Engineering Order, the technical order for maintenance work that need to be carried out on aircraft/vessel/boat/yacht. EO based on analyses of different requirements prescribed by OEM in AMM, SB or by CAA in AD.
AF – Assessmnet Form, the form that allows to make assessment of the technical documents (AD, SB, SIL, MOL, etc.).
MEL – Minimum Equipment List, the technical document that based on MMEL (Master MEL) issued by OEM, which allows to dispatch aircraft with passengers on board with known defect.
AMP – Aircraft Maintenance Program, the manual that describes the maintenance program for particular aircarft/vessel/boat/yacht.
JC – Job card, the maintenance document that technician uses to carry out the job.
TC – task card, or WC – work card are same as Job Card.
CMP card – Computerized Maintenance Program card, the job card that need to be created to reflect maintenance action in maintenance tracking system MyCMP or CAMP.
LONTO or NTO – the letter of Non Technical Objection that can be issued only by OEM and that says that the missed maintenance or exist aircraft descripency doesn’t influence on the safe flight without passengers. This document is necessary only for Ferry Flight when relocation of aircarft is required.
M/H – man hour.
Price per M/H – price per 1(one) man hour.
Spare parts – means the original spare parts, original, auxiliary and exchange parts and reconditioned spare parts supplied for the Customer.
Supply – means the Equipment and/or Spare Parts collectively to be supplied to the Customer.
Vessel – means marine vessels/motor yacht/sailing boat/tender owned by the Customer or any third party in respect of which any Supply or Service are supplied.
Marine Services - the services in relation marine vessel/motor yacht/boat/tender operation, maintenance, oversight of the operation or maintenance.
Aviation Invoice Inspection – the services related to inspection of the invoices for aircraft operation and maintenance.
Marine Invoice Inspection - the services related to inspection of the invoices for marine vessel/motor yacht/boat operation and maintenance.
Management accounting of aviation and marine assets - a service that includes accounting and analysis, development of optimization methods, planning and budgeting of costs for the customer's aviation and marine assets.
Engineering support services - services related to analysing of the technical documents (AD,SB,ASB, SIL, MOL, etc.), development of the technical documents (EO, AF, MEL, AMP, JC/TC/WC, CMP card, etc.), creating of the new tasks in the maintenance tracking systems such as (CAMP, CMP, RAMKO,etc.), prepartion of the documents for obtaining ‘Permit to Fly’, LONTO/NTO, creation of the operation manuals in accordance with OTAR requirements, EASA requirements, CAR requirements.
AD – Airworthiness Directives, documents issuing by Civil Aviation Authorities that is mandatory for implementation.
SB – Service Bulletins, documents issuing by OEM (Original Equipment Manufacturer) to increase reliability of the product (Optional SB), correct the known problem/malfunction of the product (Recommended SB) and correct the known defect of the product (Mandatory SB).
ASB - Alert Service Bulletin, document issuing by OEM to correct the know defect of the product in short internal. Such SB requires immediate reaction as the know defect has significant impact of the product provided by OEM.
SIL – Service Information Letter, the notification letter from OEM about current or upcoming changes in operation of the product manufactured by OEM, information about new malfunction that was found by operators during product operation, and any changes that will happen in nearest future that can influence on product support.
MOL – Maintenance Operation Letter, the notification letter from OEM about changing of the maintenance inspection intervals, proposing new maintenance approaches, etc.
EO – Engineering Order, the technical order for maintenance work that need to be carried out on aircraft/vessel/boat/yacht. EO based on analyses of different requirements prescribed by OEM in AMM, SB or by CAA in AD.
AF – Assessmnet Form, the form that allows to make assessment of the technical documents (AD, SB, SIL, MOL, etc.).
MEL – Minimum Equipment List, the technical document that based on MMEL (Master MEL) issued by OEM, which allows to dispatch aircraft with passengers on board with known defect.
AMP – Aircraft Maintenance Program, the manual that describes the maintenance program for particular aircarft/vessel/boat/yacht.
JC – Job card, the maintenance document that technician uses to carry out the job.
TC – task card, or WC – work card are same as Job Card.
CMP card – Computerized Maintenance Program card, the job card that need to be created to reflect maintenance action in maintenance tracking system MyCMP or CAMP.
LONTO or NTO – the letter of Non Technical Objection that can be issued only by OEM and that says that the missed maintenance or exist aircraft descripency doesn’t influence on the safe flight without passengers. This document is necessary only for Ferry Flight when relocation of aircarft is required.
M/H – man hour.
Price per M/H – price per 1(one) man hour.
Spare parts – means the original spare parts, original, auxiliary and exchange parts and reconditioned spare parts supplied for the Customer.
Supply – means the Equipment and/or Spare Parts collectively to be supplied to the Customer.
Vessel – means marine vessels/motor yacht/sailing boat/tender owned by the Customer or any third party in respect of which any Supply or Service are supplied.
2.1. The General Terms of Services set out hereinafter shall apply, unless otherwise agreed in writing, to all services provided upon aircraft, vessels or equipment or parts thereof which P.A. Marine and Aviation Service OU(hereinafter «Service Provider») shall carry out itself or delegate to third parties.
Service Provider will not recognise differing terms and conditions of the Customer unless Service Provider has explicitly consented to their applicability in writing. The present terms shall also apply to any future business relations with the Customer even if they are not expressly reiterated.
2.2. If anyone or more of these conditions are for any reason considered invalid, unlawful or unenforceable, the remaining terms of this Agreement will be in force. The invalid, illegal or unrealizable condition will be replaced upon the agreement of the parties with the valid, legal and enforceable, closest to the intent of the parties underlying the invalid, unlawful or non-enforceable condition.
2.3. Without prior written approval by Service Provider, the Customer shall not be entitled to assign any of his rights and liabilities to others.
Service Provider will not recognise differing terms and conditions of the Customer unless Service Provider has explicitly consented to their applicability in writing. The present terms shall also apply to any future business relations with the Customer even if they are not expressly reiterated.
2.2. If anyone or more of these conditions are for any reason considered invalid, unlawful or unenforceable, the remaining terms of this Agreement will be in force. The invalid, illegal or unrealizable condition will be replaced upon the agreement of the parties with the valid, legal and enforceable, closest to the intent of the parties underlying the invalid, unlawful or non-enforceable condition.
2.3. Without prior written approval by Service Provider, the Customer shall not be entitled to assign any of his rights and liabilities to others.
3.1 Proposals and cost estimates of the Service Provider shall only be binding if they are in writing and the text explicitly states that they are binding and for a specified period of time.
3.2 The Contract shall be deemed valid if it has been confirmed by the Service Provider in writing or the Service Provider has commenced the provision of the services specified in a separate offer that has been signed or accepted by the Customer.
3.2 The Contract shall be deemed valid if it has been confirmed by the Service Provider in writing or the Service Provider has commenced the provision of the services specified in a separate offer that has been signed or accepted by the Customer.
4.1. Each order authorises Service Provider without additional approval by the Customer to carry out all work that is necessary for providing of the aviation or marine services to which the order is related.
4.2. Any test flight or sea trail that are necessary to be carried out after servicing shall be conducted by the authorised customer crew or their appointed representative. Customer shall pay any expenses related to flight testing.
4.3. Unless specifically agreed, the work scope does not include any transfer of the original documents to electronic format (hereinafter e-Format) (e.g. scanning of the work packages, etc.).
4.4. All work to rectify any defect or discrepancy that are necessary to be able to issue the Certificate of Release to Service on aircraft will be carried out in according with the aircraft manufacturer documentation (e.g Aircraft Maintenance Manual, Engineering Disposition, Engineering Order, etc.) which reflects the manufacturer requirements which allows to return aircraft in the service.
4.5. Service Provider shall be authorized to delegate/subcontract any work ordered by a Customer to an approved and authorized third party organization without previously notifying the Customer or obtaining specific consent of the same.
4.6. All equipment and furnishings (hereinafter “Customer property”) removed from aircraft, vessel/boat/yacht and not taken by the customer back shall become the property of Service Provider unless the Customer property has been unloaded for storage.
4.7. The Customer shall pay for the Customer property that was unloaded for storage by the Official Prices of Service Provider.
4.2. Any test flight or sea trail that are necessary to be carried out after servicing shall be conducted by the authorised customer crew or their appointed representative. Customer shall pay any expenses related to flight testing.
4.3. Unless specifically agreed, the work scope does not include any transfer of the original documents to electronic format (hereinafter e-Format) (e.g. scanning of the work packages, etc.).
4.4. All work to rectify any defect or discrepancy that are necessary to be able to issue the Certificate of Release to Service on aircraft will be carried out in according with the aircraft manufacturer documentation (e.g Aircraft Maintenance Manual, Engineering Disposition, Engineering Order, etc.) which reflects the manufacturer requirements which allows to return aircraft in the service.
4.5. Service Provider shall be authorized to delegate/subcontract any work ordered by a Customer to an approved and authorized third party organization without previously notifying the Customer or obtaining specific consent of the same.
4.6. All equipment and furnishings (hereinafter “Customer property”) removed from aircraft, vessel/boat/yacht and not taken by the customer back shall become the property of Service Provider unless the Customer property has been unloaded for storage.
4.7. The Customer shall pay for the Customer property that was unloaded for storage by the Official Prices of Service Provider.
5.1. Customer representative(s) oversighting the Service Provider work accept the rules for Service Provider office personnel. They agree don’t disturb the personnel of the Service Provider that are working on the aircraft or part or equipment and agree to carry out all safety standards to avoid injury, damage of equipment or parts or aircraft.
In case the special insurance is necessary to be able to perform the Customer representative(s) function(s), then Customer is agreed to buy this insurance from the Insurance company that provides such service for Service Provider.
In case the special insurance is necessary to be able to perform the Customer representative(s) function(s), then Customer is agreed to buy this insurance from the Insurance company that provides such service for Service Provider.
6.1. Prices for the aircraft, or its part or equipment are quoted for a standard aircraft, in average aircraft condition without consideration or research of the aircraft history.
6.2. Price for the aviation services is quoted for a condition when all required documents and information is provided by the Customer without consideration or research of any document or information.
6.3. Price for the marine services is quoted for a condition when all required documents and information is provided by the Customer without consideration or research of any document or information.
6.4. Price for spare parts is quoted as price from supplier/vendor plus five (5) procent interest fee for administrative and research work carried out by Service Provider.
6.5. All warranty coverage provided by supplier/vendor of spare parts in material or financial way will be delivered to Customer with zero (0) interest fee for Service Provider as a “warranty case”.
6.6. Prices do not include additional work that may be required due to the configuration of the aircraft, boat/vessel/yacht, non-availability of the documentation and drawings, discrepancies, corrosion and defect found during the performance of the work.
6.7. Service Provider shall apply the prices it charges at the time of performance for the type of work involved. Prices are presented in the Official Price of Service Provider.
6.8. All prices are NET prices and not include any taxes, currency exchange rate fluctuation or bank charges for external payments/incoming payments.
6.9. All prices are subject of the VAT until it is for a possible VAT Exemption, zero-rating or exception to the applicable VAT charge.
6.10. Service Provider charges interest fee three (3) percentage from third party invoices that Service Provider need to pay to provide ordered services to Customer.
6.11. If the Customer purchases components required for maintenance work by Service Provider directly and delivers these parts for installation, Service Provider is entitled to charge for handling plus applicable taxes, custom and import charges. The amount of such charge for handling shall be invoiced as per the current Official Prices of Service Provider.
6.12. The Customer is fully responsible to pay for all information that is necessary to provide the aviation and marine services, and free of that obligation if he provides all required information, access on behalf of him to the required resources that allow obtaining the answer for the Customer.
6.2. Price for the aviation services is quoted for a condition when all required documents and information is provided by the Customer without consideration or research of any document or information.
6.3. Price for the marine services is quoted for a condition when all required documents and information is provided by the Customer without consideration or research of any document or information.
6.4. Price for spare parts is quoted as price from supplier/vendor plus five (5) procent interest fee for administrative and research work carried out by Service Provider.
6.5. All warranty coverage provided by supplier/vendor of spare parts in material or financial way will be delivered to Customer with zero (0) interest fee for Service Provider as a “warranty case”.
6.6. Prices do not include additional work that may be required due to the configuration of the aircraft, boat/vessel/yacht, non-availability of the documentation and drawings, discrepancies, corrosion and defect found during the performance of the work.
6.7. Service Provider shall apply the prices it charges at the time of performance for the type of work involved. Prices are presented in the Official Price of Service Provider.
6.8. All prices are NET prices and not include any taxes, currency exchange rate fluctuation or bank charges for external payments/incoming payments.
6.9. All prices are subject of the VAT until it is for a possible VAT Exemption, zero-rating or exception to the applicable VAT charge.
6.10. Service Provider charges interest fee three (3) percentage from third party invoices that Service Provider need to pay to provide ordered services to Customer.
6.11. If the Customer purchases components required for maintenance work by Service Provider directly and delivers these parts for installation, Service Provider is entitled to charge for handling plus applicable taxes, custom and import charges. The amount of such charge for handling shall be invoiced as per the current Official Prices of Service Provider.
6.12. The Customer is fully responsible to pay for all information that is necessary to provide the aviation and marine services, and free of that obligation if he provides all required information, access on behalf of him to the required resources that allow obtaining the answer for the Customer.
7.1. Service Provider shall be entitled to a demand an advance payment prior to the commencemtn of work for all Customers.
7.2. Customer who has credit conditions shall pay the invoices within relevant credit period. Invoice is considered paid when money arrive on the Customer account.
7.3. Service Provider has a right to not pay invoice from third parties unless Customer pay all open invoices.
7.4. Customer takes full responsibility for work or service that need to be redone due to payment for such work or service was not done on time. Service Provider has a right to charge for same work or service that was redone due to delay with the payment.
7.2. Customer who has credit conditions shall pay the invoices within relevant credit period. Invoice is considered paid when money arrive on the Customer account.
7.3. Service Provider has a right to not pay invoice from third parties unless Customer pay all open invoices.
7.4. Customer takes full responsibility for work or service that need to be redone due to payment for such work or service was not done on time. Service Provider has a right to charge for same work or service that was redone due to delay with the payment.
8.1 Any deadlines are binding only if it has been expressly confirmed in writing between Service Provider and Customer. If Service Provider and Customer do not determine the deadlines, then the job shall be performed within a reasonable time.
8.2. Service Provider reserves the right to issue an invoice for the labour, planning and material investments related to the preparation of the project in the following case:
- if the Customer cancels the work and unless such cancellation is caused due to the non-performance or improper performance of the obligations of Service Provider or any third party to whom Service Provider delegated performance of such duties.
8.3. If the scope of the agreement is changed by mutual understanding, and if this leads to a delivery delay, the delivery deadline will increase accordingly.
8.4. If the extended deadline is not respected for reasons which Service Provider is not responsible for, the Customer shall have a right to terminate the agreement on a written application after compensation for work already completed by Service Provider.
8.2. Service Provider reserves the right to issue an invoice for the labour, planning and material investments related to the preparation of the project in the following case:
- if the Customer cancels the work and unless such cancellation is caused due to the non-performance or improper performance of the obligations of Service Provider or any third party to whom Service Provider delegated performance of such duties.
8.3. If the scope of the agreement is changed by mutual understanding, and if this leads to a delivery delay, the delivery deadline will increase accordingly.
8.4. If the extended deadline is not respected for reasons which Service Provider is not responsible for, the Customer shall have a right to terminate the agreement on a written application after compensation for work already completed by Service Provider.
9.1. If the Customer is supplied with EXCHANGE PARTS, then he shall perform the following conditions:
- the removed part shall be returned within 7 (seven) calendar days to the main warehouse of Service Provider that is located: 15 Dzirnieku street, Riga Airport, Marupe, 1053, Latvia
- the removed part shall be packed in accordance with the International Standards for aviation products and for electronics;
- the removed part shall be accompanied with the Commercial Invoice that shows clearly the owner of the removed parts and nominated broker who was chosen by the Customer to make shipping;
- the removed part shall have all covers that were installed on the exchange unit;
- the removed part shall be shipped back in the same container as it comes from Service Provider;
- the removed parts shall be accompanied with document that explains clearly the following information:
A. TSN (time since new) and CSN (cycles since new)
B. TSO (time since overhaul) and CSO (cycles since overhaul)
C. Short description of the malfunction of the unit
In case the unit had the same malfunction as stated in the teardown report, then the Customer shall send the copy of the teardown report.
9.2. If repair of the removed part provided by the Customer exceeds the price of the exchange part, the Customer shall cover the difference between the sale price of the exchange unit and price of repair of the removed part provided by the Customer.
9.3. If the removed part provided by the Customer has status "Beyond Economical Repair", the Customer shall cover the full sale price of the unit.
The full sale price of the unit is calculated in accordance with the following conditions: (((The price of the overhauled part + The price of the new part))/ 2) - The price of the sale of the exchanged part.
9.4. Service Provider in case avalability provides the Customer the loaned part on conditions of the Service Provider Standard Loan Agreement for time when the Customer parts sent for repair.
9.5. The loaned parts shall be returned serviceable in any event with due regard to fair wear and tear and is a subject of the incoming bench test. The loaned part will be considered as Serviceable as soon as it passes the bench test and the relevant certificate will be issued.
9.6. The Customer will be invoiced for the incoming/outcoming inspection, the bench test and issuing of the relevant certificate for the loaned parts.
9.7. In case the loaned part will be returned in not repairable condition, the Customer shall be cover the full sales price for such part from OEM.
9.8. The loaned part shall be returned within 7 (seven) calendar days from the date when the Customer part return from repair, to the main warehouse of Service Provider that is located: 15 Dzirnieku street, Riga Airport, Marupe, 1053, Latvia
- the removed part shall be returned within 7 (seven) calendar days to the main warehouse of Service Provider that is located: 15 Dzirnieku street, Riga Airport, Marupe, 1053, Latvia
- the removed part shall be packed in accordance with the International Standards for aviation products and for electronics;
- the removed part shall be accompanied with the Commercial Invoice that shows clearly the owner of the removed parts and nominated broker who was chosen by the Customer to make shipping;
- the removed part shall have all covers that were installed on the exchange unit;
- the removed part shall be shipped back in the same container as it comes from Service Provider;
- the removed parts shall be accompanied with document that explains clearly the following information:
A. TSN (time since new) and CSN (cycles since new)
B. TSO (time since overhaul) and CSO (cycles since overhaul)
C. Short description of the malfunction of the unit
In case the unit had the same malfunction as stated in the teardown report, then the Customer shall send the copy of the teardown report.
9.2. If repair of the removed part provided by the Customer exceeds the price of the exchange part, the Customer shall cover the difference between the sale price of the exchange unit and price of repair of the removed part provided by the Customer.
9.3. If the removed part provided by the Customer has status "Beyond Economical Repair", the Customer shall cover the full sale price of the unit.
The full sale price of the unit is calculated in accordance with the following conditions: (((The price of the overhauled part + The price of the new part))/ 2) - The price of the sale of the exchanged part.
9.4. Service Provider in case avalability provides the Customer the loaned part on conditions of the Service Provider Standard Loan Agreement for time when the Customer parts sent for repair.
9.5. The loaned parts shall be returned serviceable in any event with due regard to fair wear and tear and is a subject of the incoming bench test. The loaned part will be considered as Serviceable as soon as it passes the bench test and the relevant certificate will be issued.
9.6. The Customer will be invoiced for the incoming/outcoming inspection, the bench test and issuing of the relevant certificate for the loaned parts.
9.7. In case the loaned part will be returned in not repairable condition, the Customer shall be cover the full sales price for such part from OEM.
9.8. The loaned part shall be returned within 7 (seven) calendar days from the date when the Customer part return from repair, to the main warehouse of Service Provider that is located: 15 Dzirnieku street, Riga Airport, Marupe, 1053, Latvia
10.1. Service Provider provides marine services in his headquarters at the following address:
Hobujaama 4, Kisklinna linnaosa, Tallin, 10151, Estonia.
10.2. Service Provider provides aircarft maintenance, parts and CAMO services in his Latvian office at the following address: 15 Dzirnieku street, Riga Airport, Marupe, LV-1053.
10.3. Service Provider provides helicopter and aircraft management in his French office at the following address: 3100, Route des Hauts du Camp, 83330, Le Castellet.
10.4. Service Provider is able to provide his service in any other place where aircraft/rotorcraft/vessel/boat/yacht is located on the conditions explained in paragraph 10.5-10.6
10.5. The Customer is responsible to cover the business trip expenses (flight tickets, tools delivery) that are necessary to reach the place of the aircraft/rotorcraft/vessel/boat/yacht location and expenses related standard business trip expenses for the personnel of Service Provider (e.g. hotel, car rent/taxi, per diem, etc.)
10.6. The Customer is responsible to cover the expenses related the parts delivery to/from place of the repair and expenses to issue necessary documents for customs, shipping companies.
Hobujaama 4, Kisklinna linnaosa, Tallin, 10151, Estonia.
10.2. Service Provider provides aircarft maintenance, parts and CAMO services in his Latvian office at the following address: 15 Dzirnieku street, Riga Airport, Marupe, LV-1053.
10.3. Service Provider provides helicopter and aircraft management in his French office at the following address: 3100, Route des Hauts du Camp, 83330, Le Castellet.
10.4. Service Provider is able to provide his service in any other place where aircraft/rotorcraft/vessel/boat/yacht is located on the conditions explained in paragraph 10.5-10.6
10.5. The Customer is responsible to cover the business trip expenses (flight tickets, tools delivery) that are necessary to reach the place of the aircraft/rotorcraft/vessel/boat/yacht location and expenses related standard business trip expenses for the personnel of Service Provider (e.g. hotel, car rent/taxi, per diem, etc.)
10.6. The Customer is responsible to cover the expenses related the parts delivery to/from place of the repair and expenses to issue necessary documents for customs, shipping companies.
11.1. If the Customer has no complaints on the quality of work provided, the Customer shall accept the work in the day when Service Provider is finished to do the job.
The acceptance can be done by the following ways:
a. Remotely in accordance with technical logbook entry.
b. Physically at the place of work via Customer representative or by using his flight crew (pilot in command only) for aviation services, and captain of vessel/boat/yacht for marine services.
c. Remotely for aviation and marine services in accordance with the report from Service Provider
In case Customer has complaints on the quality of work provided by Service Provider, then he should report them in writing to the following address: sales@avmaall.com
11.2. In case Customer is not able to send his representative to make acceptance, then work is considered to be accepted by the Customer in accordance with technical logbook entry or certificate of the release to service for aviation maintenance and in accordance with entry in vessel/boat/yacht logbook.
11.3. The Certificate of the release to service is considered by the aviation authroities (e.g. FAA, EASA, Isle of Man Civil Aviation Registry, etc.) as a confirmation that all works have been carried out correctly and aircraft, it part are release to the service.
11.4. The satisfactory operation test of the equipment and entry in engineer logbook and IDEA yacht, can be considered as a confirmation that all works have been carried out correctly and vessel/boat/yacht or his equipment is released to the service.
The acceptance can be done by the following ways:
a. Remotely in accordance with technical logbook entry.
b. Physically at the place of work via Customer representative or by using his flight crew (pilot in command only) for aviation services, and captain of vessel/boat/yacht for marine services.
c. Remotely for aviation and marine services in accordance with the report from Service Provider
In case Customer has complaints on the quality of work provided by Service Provider, then he should report them in writing to the following address: sales@avmaall.com
11.2. In case Customer is not able to send his representative to make acceptance, then work is considered to be accepted by the Customer in accordance with technical logbook entry or certificate of the release to service for aviation maintenance and in accordance with entry in vessel/boat/yacht logbook.
11.3. The Certificate of the release to service is considered by the aviation authroities (e.g. FAA, EASA, Isle of Man Civil Aviation Registry, etc.) as a confirmation that all works have been carried out correctly and aircraft, it part are release to the service.
11.4. The satisfactory operation test of the equipment and entry in engineer logbook and IDEA yacht, can be considered as a confirmation that all works have been carried out correctly and vessel/boat/yacht or his equipment is released to the service.
12.1. Service Provider warrants that the maintenance and repair works carried out in accordance with the Aircraft Maintenance Manual and free from any defects.
12.2. Service Provider provide labour warranty twelve (12) months or three hundred (300) flight hours, which occur first, from the date of the work compliance and only for work that has been done by his employee.
12.3 Service Provider is not responsible for the supplied spare parts as they are provided by third parties, but will do all possible activity to claim warranty in case of spare parts malfunction. All warranty coverage provided by supplier/vendor of spare parts in material or financial way will be delivered to Customer with zero (0) interest fee for Service Provider as a “warranty case”.
12.4 The warranty of Service Provider shall be voided if
a). The Customer does not give Service Provider immediate access to the aircraft to inspect the defects, or;
b) the defect was not related to the work that Service Provider has carried out or any other third party has done the jobs on the aircraft during the warranty period, or;
c) the Customer or a third party appointed by the Customer have tried to repair the defect without the prior inspection and authorisation by Service Provider, or;
d) the Customer has not taken all precautions to prevent an aggravation of the damage, or;
e) the Customer does not comply with operating instruction given by the Aircraft Manufacturer, or;
f) the fault is a result of the third parties actions (e.g. incorrect power connection with the ground power unit, improper servicing from ground handling companies, etc.) unless such party was appointed by Service Provider, or;
g) the fault is a result of the incorrect work of the part that has been provided by the Customer.12.1. Service Provider warrants that the maintenance and repair works carried out in accordance with the Aircraft Maintenance Manual and free from any defects.
12.5. Freight costs, customs, any taxes, business trip of Service Provider's employee, immigration visas are chArgeable to Customer for warranty works. Only parts are covered by warranty if warranty was granted to Service Provider by supplier. Only work is no charge for maintenance that was carried out by Service Provider employees for warranty work.
12.2. Service Provider provide labour warranty twelve (12) months or three hundred (300) flight hours, which occur first, from the date of the work compliance and only for work that has been done by his employee.
12.3 Service Provider is not responsible for the supplied spare parts as they are provided by third parties, but will do all possible activity to claim warranty in case of spare parts malfunction. All warranty coverage provided by supplier/vendor of spare parts in material or financial way will be delivered to Customer with zero (0) interest fee for Service Provider as a “warranty case”.
12.4 The warranty of Service Provider shall be voided if
a). The Customer does not give Service Provider immediate access to the aircraft to inspect the defects, or;
b) the defect was not related to the work that Service Provider has carried out or any other third party has done the jobs on the aircraft during the warranty period, or;
c) the Customer or a third party appointed by the Customer have tried to repair the defect without the prior inspection and authorisation by Service Provider, or;
d) the Customer has not taken all precautions to prevent an aggravation of the damage, or;
e) the Customer does not comply with operating instruction given by the Aircraft Manufacturer, or;
f) the fault is a result of the third parties actions (e.g. incorrect power connection with the ground power unit, improper servicing from ground handling companies, etc.) unless such party was appointed by Service Provider, or;
g) the fault is a result of the incorrect work of the part that has been provided by the Customer.12.1. Service Provider warrants that the maintenance and repair works carried out in accordance with the Aircraft Maintenance Manual and free from any defects.
12.5. Freight costs, customs, any taxes, business trip of Service Provider's employee, immigration visas are chArgeable to Customer for warranty works. Only parts are covered by warranty if warranty was granted to Service Provider by supplier. Only work is no charge for maintenance that was carried out by Service Provider employees for warranty work.
13.1. Service Provider shall maintain at all times the hangar keeper’s liability, product liability, and premises liability insurance.
13.2. Service Provider premises liability covers liability to third parties arising on the premises of the Service Provider
Service Provider hangarkeepers liability provides coverage to damage to third party aircraft and spares in the Service Provider possession.
Service Provider products liability provides coverage for losses arising out of work or services provided by the Service Provider but only when the equipment that has been worked on or serviced is no longer on the possession of the Service Provider.
13.3. Service Provider insurance will not cover the subcontractor's work as their liability is subject of the sub-contract insurance.
In case if the subcontractor was provided by Service Provider, Service Provider undertakes to ensure the conclusion of the subcontract insurance.
In case the sub-contractor insurance liability fails the coverage, Service Provider undertake to provide free of charge work of their personnel to cover the damage and defect that raise from work that subcontractor did and this subcontractor has been provided by Service Provider.
13.2. Service Provider premises liability covers liability to third parties arising on the premises of the Service Provider
Service Provider hangarkeepers liability provides coverage to damage to third party aircraft and spares in the Service Provider possession.
Service Provider products liability provides coverage for losses arising out of work or services provided by the Service Provider but only when the equipment that has been worked on or serviced is no longer on the possession of the Service Provider.
13.3. Service Provider insurance will not cover the subcontractor's work as their liability is subject of the sub-contract insurance.
In case if the subcontractor was provided by Service Provider, Service Provider undertakes to ensure the conclusion of the subcontract insurance.
In case the sub-contractor insurance liability fails the coverage, Service Provider undertake to provide free of charge work of their personnel to cover the damage and defect that raise from work that subcontractor did and this subcontractor has been provided by Service Provider.
14.1. Confidential Information (hereinafter «CI) means any information relating to the provisions of, and negotiations leading to the conclusion of the Agreement between Customer and Service Provider;
any information recevied or held by Service Provider or Customer
(or any of its affiliates relating to Customer and Service Provider, its clients and/or its affiliates, and includes written information and information transferred or obtained orally, visually, electronically or by any other means and any information, which the Customer and Service Provider has determined from information it has received including any forecast or projections.
14.2. Service Provider and Customer shall (and shall ensure that each of its representatives shall) maintain the Confidential Information in confidence and not disclose Confidential Information to any person.
14.3. Service Provider and Customer has a right to disclose the Confidential Information only in case official request from the bank of Customer or Service Provider in relation compliance check of the transaction in the following manner:
a/ Customer shall inform Service Provider about compliance check from the Customer’s bank, or opposite Service Provider informs Customer.
The responsible party provides contact information of the person who will carry out compliance check that includes full name, position in the bank, contact telephone number and email, type of requested information.
b/ Both parties have a right to provide the requested information directly to person in the bank who is responsible for compliance-check.
Such occasion will not be considered as disclosure of the confidential information, and both parties will cooperate to pass the compliance-check.
any information recevied or held by Service Provider or Customer
(or any of its affiliates relating to Customer and Service Provider, its clients and/or its affiliates, and includes written information and information transferred or obtained orally, visually, electronically or by any other means and any information, which the Customer and Service Provider has determined from information it has received including any forecast or projections.
14.2. Service Provider and Customer shall (and shall ensure that each of its representatives shall) maintain the Confidential Information in confidence and not disclose Confidential Information to any person.
14.3. Service Provider and Customer has a right to disclose the Confidential Information only in case official request from the bank of Customer or Service Provider in relation compliance check of the transaction in the following manner:
a/ Customer shall inform Service Provider about compliance check from the Customer’s bank, or opposite Service Provider informs Customer.
The responsible party provides contact information of the person who will carry out compliance check that includes full name, position in the bank, contact telephone number and email, type of requested information.
b/ Both parties have a right to provide the requested information directly to person in the bank who is responsible for compliance-check.
Such occasion will not be considered as disclosure of the confidential information, and both parties will cooperate to pass the compliance-check.
15.1. Service Provider and the Customer determine the list of the guarantee email address that will be used for correspondence between parties.
All orders came from the guarantee email of the Customer are considered as the work order.
All answers, approvals came from the guarantee email of the Customer are considered as the answer on the request from Service Provider, or approval of the work for Service Provider.
15.2. The Customer guarantee email addresses and full contacts of the person related this email addresses are presented on all purchase orders that come from the Customer.
15.3. In case the message (e.g. order, request, approval, etc.) comes from not guarantee email address, then Service Provider keep the right don’t respond on such message and don’t carry out any order.
All orders came from the guarantee email of the Customer are considered as the work order.
All answers, approvals came from the guarantee email of the Customer are considered as the answer on the request from Service Provider, or approval of the work for Service Provider.
15.2. The Customer guarantee email addresses and full contacts of the person related this email addresses are presented on all purchase orders that come from the Customer.
15.3. In case the message (e.g. order, request, approval, etc.) comes from not guarantee email address, then Service Provider keep the right don’t respond on such message and don’t carry out any order.
16.1. The parties agree, that in pursuing any agreement, and in performing under their business relations, they will fully comply with all laws, regulations, and policies of their respective countries, including applicable anti-bribery laws.
16.2. The Customer acknowledges that goods, services, technical data and/or other information received under these General Terms of Service and any related Purchase Order may be subject to U.S. export control laws and the US "International Traffic In Arms Regulations" ("ITAR") , and Customer agrees to comply fully with such laws and regulations.
The Customer confirms that it will not re-export such goods, services, technical data and/or information to other countries or parties in violation of the U.S. laws and regulations.
The Customer agrees to provide any information reasonably required by Service Provider to ensure compliance by Service Provider under any applicable laws and regulations (including U.S.)in providing goods or services under these General Terms of Maintenance and Repair and any related Purchase Order
16.3. Customer confirms that, as of the date of execution of the services, and in performing its obligations under this Agreement, except as otherwise disclosed in writing to Service Provider: none of registered owners, contractual owners, beneficial owners, and operators of the aircraft (or any of their representatives, agents, or persons/entities that own or control any of the foregoing), is (i) subject to sanctions imposed by the Government of the Republic of Latvia, (ii) is a person or entity designated by the European Union for purposes of asset freeze, sectoral sanctions, or restrictions on the receipt of any goods or technology, (iii) is a person or entity designated by the US Government as a Specially Designated National or Blocked Person (SDN), Foreign Sanctions Evader (FSE), or on the Sectoral Sanctions Identification List (SSIL) or included on any of the US Government’s Entity List, Denied Persons List, Debarred List, and Unverified List, (iv) is owned or controlled by an SDN, FSE, SSIL or a person/entity on the European Union’s or the US Government’s restricted party lists identified in (ii) and (iii) above, or (v) is organized, established, domiciled or resident in Cuba, Iran, North Korea, Sudan, Syria or in the Crimea Region.
16.2. The Customer acknowledges that goods, services, technical data and/or other information received under these General Terms of Service and any related Purchase Order may be subject to U.S. export control laws and the US "International Traffic In Arms Regulations" ("ITAR") , and Customer agrees to comply fully with such laws and regulations.
The Customer confirms that it will not re-export such goods, services, technical data and/or information to other countries or parties in violation of the U.S. laws and regulations.
The Customer agrees to provide any information reasonably required by Service Provider to ensure compliance by Service Provider under any applicable laws and regulations (including U.S.)in providing goods or services under these General Terms of Maintenance and Repair and any related Purchase Order
16.3. Customer confirms that, as of the date of execution of the services, and in performing its obligations under this Agreement, except as otherwise disclosed in writing to Service Provider: none of registered owners, contractual owners, beneficial owners, and operators of the aircraft (or any of their representatives, agents, or persons/entities that own or control any of the foregoing), is (i) subject to sanctions imposed by the Government of the Republic of Latvia, (ii) is a person or entity designated by the European Union for purposes of asset freeze, sectoral sanctions, or restrictions on the receipt of any goods or technology, (iii) is a person or entity designated by the US Government as a Specially Designated National or Blocked Person (SDN), Foreign Sanctions Evader (FSE), or on the Sectoral Sanctions Identification List (SSIL) or included on any of the US Government’s Entity List, Denied Persons List, Debarred List, and Unverified List, (iv) is owned or controlled by an SDN, FSE, SSIL or a person/entity on the European Union’s or the US Government’s restricted party lists identified in (ii) and (iii) above, or (v) is organized, established, domiciled or resident in Cuba, Iran, North Korea, Sudan, Syria or in the Crimea Region.
17.1. The Parties agree that any dispute or claim arising out of or in connection with these General Terms of Service, including any question regarding its existence, validity or termination or enforceability (including non-contractual disputes or claims) (each, a “Dispute”) shall be referred to and finally resolved by confidential arbitration under the Law of the Republic of Estonia in the Court of Arbitration of the Estonian Chamber of Commerce and Industry, in case the dispute or claim is related work that has been carried out in Estonia, Latvia, Lithonia, Poland. The Parties agree that proceedings shall be conducted in the language that accepted by the Court of Arbitration of the Estonian Chamber of Commerce and Industry (Estonian or English).
17.2. All disputes, conflicts and claims arising out of or in connection herewith including its execution, breach, termination or invalidity shall be resolved by way of negotiations, if they are related work that has been carried out outside of Estonia, Latvia, Lithonia, Poland.
17.2. All disputes, conflicts and claims arising out of or in connection herewith including its execution, breach, termination or invalidity shall be resolved by way of negotiations, if they are related work that has been carried out outside of Estonia, Latvia, Lithonia, Poland.
18.1 Customer agreed and allows Service Provider to carry out independed check for sanction by using the follwoing data from Customer: Company name, Name of director and management, Name of the beneficial owner.
18.2 Service Provider will use above information to make check via following electronic resourse https://sanctions.lursoft.lv/site/index.
18.3. Service Provider is not responsible for Lursoft IT and not respsonsible how Lursoft IT is using the provided information. The electronic resource allows Service Provider to check that Customer is not under sanctions.
18.2 Service Provider will use above information to make check via following electronic resourse https://sanctions.lursoft.lv/site/index.
18.3. Service Provider is not responsible for Lursoft IT and not respsonsible how Lursoft IT is using the provided information. The electronic resource allows Service Provider to check that Customer is not under sanctions.