Terms and Conditions
WHEREAS, HangarONE provides services including scheduled aircraft inspection and maintenance, line maintenance and repair, and other aircraft-related repair and modification services (the “Flight Maintenance Services”);
WHEREAS, Customer desires HangarONE to provide certain products and services on aircraft and aircraft components owned, operated, and/or managed by Customer as may be requested by Customer from time to time;
WHEREAS, HangarONE desires to provide such goods and services to Customer under the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual promises, obligations, and rights contained herein and for other good and valuable consideration, the sufficiency of which is acknowledged, HangarONE and the Customer (hereinafter referred to individually as the “Party” or collectively as the “Parties”), agree as follows:
Scope of Work
HangarONE shall provide the Flight Maintenance Services as described and agreed to on a project-by-project basis as requested by the Customer and described in an agreed upon service estimate, which shall identify the specific Flight Maintenance Services to be provided, rates, and charges for the Flight Maintenance Services, and other project specific details.
Flight Maintenance Service Providers
The Flight Maintenance Services to be performed by HangarONE shall be conducted by properly trained, licensed, and certified personnel for the Scope of Work to be performed. HangarONE shall ensure it has the facilities appropriate for the Flight Maintenance Services to be performed.
Aircraft Delivery and Return
The Parties shall agree to the location of aircraft delivery and the Customer shall incur all transportation costs to the delivery location. Any aircraft recovery services provided by HangarONE shall be included in the cost of the Flight Maintenance Services at standard market rates. HangarONE shall provide reasonable care and protection for the aircraft while the aircraft is in possession of HangarONE. Upon completion of the Flight Maintenance Services, HangarONE shall return the Aircraft to the Customer at an agreed upon location, with transportation costs to be paid for by the Customer and included in the final invoice.
Customer agrees that HangarONE shall not be held responsible or liable for any damages or defects noted during the pre-intake inspection on the Aircraft Intake Form. Customer has removed all personal and other items from the aircraft and agrees that HangarONE shall not be responsible for any items left on the aircraft.
Ground Service Equipment
The Flight Maintenance Services may require the use of ground service or other specialized equipment, including but not limited to refueling equipment, ground power units, and aircraft lavatory equipment. Customer hereby authorizes HangarONE to use such equipment, as necessary, to complete the Flight Maintenance Services and agrees that the expenses associated with the use of ground service equipment will be included in the invoice for the Flight Maintenance Services.
Ground Runs & Flight Test
If a ground run is required to complete the Flight Maintenance Services, Customer authorizes HangarONE to conduct ground testing with appropriately trained HangarONE staff. If a flight test is required as part of the Flight Maintenance Services, the flight test shall be conducted by Customer’s flight crew. At its sole discretion, personnel from or appointed by HangarONE shall be on-board during flight tests in order to assist the flight crew and to monitor the aircraft performance. Ground run and flight tests shall be performed according to the procedures defined in the appropriate maintenance test manual or other equivalent document issued by OEM or as required by the Federal Flight Administration (FAA) at the Customer’s risk.
Customer shall provide HangarONE with access to aircraft-specific records and log books related to the scope of work, as needed, to complete the Flight Maintenance Services. HangarONE shall properly maintain all records related to the Flight Maintenance Services in accordance with FAA standards and regulations.
Payment Terms & Billing
Customer agrees that the pricing set forth in the agreed upon estimate, including the estimate for parts, labor, and third party contracts, is preliminary and that the final cost shall be set forth in invoices issued toCustomer by HangarONE. HangarONE agrees to contact Customer prior to the provision of services for the cost of which would be in excess of the provided estimate by over 5%.
The Customer agrees that HangarONE may retain possession of the aircraft until all invoices are paid in full and gives it’s consent to all measures reasonably taken by HangarONE to secure its right of a mechanic’s lien for the purpose of securing any of its claims for the agreed upon Services. If the Customer fails to effect payment within 30 days of the final invoice, HangarONE shall be entitled to charge interest at the rate of 1.5% each accumulating month of delayed payment up to a maximum rate of 15% per year.
Customer authorizes HangarONE to charge the credit card provided on the Aircraft Intake Form for the agreed upon services. Customer understands that the credit card information provided on the Aircraft Intake Form will be saved on file for payment of current and future services.
For all Flight Maintenance Services estimated to be over $50,000, a deposit equal to 50% of the total estimate shall be required prior to the commencement of the Flight Maintenance Services in order to procure the necessary parts and schedule the labor necessary to complete the Flight Maintenance Services.
Limitation of Liability
The Customer agrees to indemnify, defend, and hold harmless HangarONE from and against all claims, losses, liabilities, damages, costs and expenses, including reasonable attorney fees, which HangarONE may suffer or incur arising out of or in relation to the Flight Maintenance Services or otherwise in connection with this Agreement, except due to the negligence or willful misconduct of HangarONE or its employees that are acting within the scope of their employment..
HangarONE warrants that maintenance and repair work carried out by it shall be free from any defects in labor for a period of 90 days. This warranty shall be voided if (i) the Customer does not inform HangarONE in writing within ten (10) days from the discovery of the defect, (ii) the Customer does not give HangarONE immediate access to the aircraft in order to inspect the defects, (iii) the Customer or a third party appointed by the Customer have tried to repair the defect without the prior inspection and/or authorization by HangarONE, (iv) the Customer has not taken all precautions to prevent an aggravation of the damage, or (v) the Customer does not comply with operating instructions given by HangarONE or the applicable Manufacturer.
In the case that any defect results from faulty workmanship of maintenance and/or repair work performed by HangarONE, the sole remedy available to the Customer shall be the immediate remedy of such defect by HangarONE by repairing and/or replacing, at HangarONE’s discretion, any defective parts and/or workmanship up to a maximum amount not exceeding the total sum of the relevant work order. HangarONE is not responsible for any other costs or expenses including but not limited to transporting the aircraft or warranted items to any repair facility. As long as the Customer is in default of payment, no warranty claims whatsoever shall be considered.
For equipment and parts purchased by HangarONE, the respective third party manufacturer’s and/or supplier’s warranty shall be applicable and HangarONE does not assume any additional warranty for such items. HangarONE will, so far as it is able, pass on to the Customer the benefit of any warranty given by any third party (whether manufacturer, sub-contractor or otherwise) in respect of equipment and spare parts and/or services.
HangarONE provides no warranty for Customer purchased or supplied parts.
Unless otherwise indicated by Customer, HangarONE will use the Customer contact information provided on the Aircraft Intake Form for all communications regarding the aircraft specified on the Aircraft Intake Form.
Photograph & Video Release
Customer hereby gives consent and grants to HangarONE the right to photograph, film, and/or videotape Customer’s aircraft and use any photographs and video in all forms and media and in all manners for advertising, trade, promotion, or any other commercial purpose. HangarONE shall not publish or release any photograph or video with any identifiable tail numbers, registration information, or owner information.
Term & Termination
The initial term of this Agreement is two years from the date indicated below unless terminated earlier as described below. The term of this Agreement may be extended by mutual written agreement between the parties.
Either party may immediately terminate this Agreement if the other party defaults or materially breaches of any of the terms of this Agreement and fails to cure the default or breach within 10 business days of receiving written notice of the breach or default. Either Party may also terminate this Agreement at any time for convenience, in its sole discretion, upon providing to the other Party 30 business days advance written notice of its intention to do so.