Aircraftservice Trieben General Terms and Conditions of Business, as of 28th November 2011


AT.145.014/ AT.MG.506


1. General Provisions

In the absence of any contrary written agreement, all orders placed with Aircraftservice Trieben GmbH and any legal transactions shall be made subject exclusively to these General Terms and Conditions of Business. Orders (including CAMO orders) will only be accepted if made in writing. Any orders entered into verbally or by telephone shall take effect only when confirmed in writing by the customer (owner, aircraft owner/operator). ACS Trieben may decline an order at any time or make it dependent on an advance payment. The written form required in these General Terms and Conditions also includes facsimile or email. Maintenance/repair orders include the authorisation of any work including the process of dismantling and/or subcontracting necessary for the fulfilment of the order unless an additional written agreement has been made with the customer (Maintenance-Contract).


2. Cost Estimates

In the absence of any contrary written agreement, the submission of cost estimates is subject to a charge (pre-payment). It can be agreed in writing that if a repair order is placed, the cost estimate shall be partly or fully deducted from the order value. Cost Estimates are non-binding unless expressly declared to be binding. In the latter case cost estimates will be valid for a period of four weeks. Additional costs accumulated due to changes in customs duty, taxes and charges, changes in collective bargaining agreements (wages) and price changes for materials can be invoiced. Verbal information regarding prospective costs of repairs are not regarded as cost estimates and are completely non-binding. If, while maintenance or repair work is being carried out, it transpires that there is need for additional work, the cost estimate can be exceeded by 10 percent without consulting the customer; in addition, the customer must confirm any extension of the order in writing.


3. Invoices

The calculation of the materials price (spare parts) shall be invoiced based on list prices valid on the date of delivery; the calculation of labour costs shall be invoiced according to the currently valid price list. The settlement of prices for replacement parts requires that the replacement parts can be reused. In the absence of any other written agreement, used parts shall become the property of Aircraftservice; disposal costs will be charged to the customer. Extra hours worked in order to accelerate the acquisition of materials as well as the working hours exceeding normal working hours will be charged as overtime, night-work, surcharges for Sundays and public holidays. If the customer supplies parts or materials for repairs or maintenance work, ACS Trieben is entitled to charge an additional charge for materials. This handling fee amounts to a maximum of 15% of the valid manufacturer’s list price of the parts or materials supplied by the customer.


4. Payments

ACS Trieben is entitled to demand reasonable advance payments and interim payments at any time. If the customer fails to make advance payments or interim payments on time, ACS Trieben is entitled to withdraw from the contract in full or in part. ACS Trieben is in any case entitled to wait until advance payments and interim payments have been made before work commences or is continued.

The customer shall not be entitled to retain payments or offset any claims against ACS Trieben. In the absence of any other written agreement, invoices are to be settled in cash on collection (before “Release to Service”) of the aircraft or goods. ACS Trieben is entitled to exercise a right of retention against the customer until full payment of all outstanding invoices has been made, in particular from previous maintenance or repair work or delivery of materials and/or any claim for damages; further statutory rights of retention shall remain unaffected. If payment is not made by the due date, ACS Trieben is entitled to charge 1% interest on arrears per month as well as appropriate reminder fees. All goods delivered and built-in parts remain the property of ACS Trieben until full payment has been made.


5. Delivery

ACS Trieben is obliged to adhere to delivery and completion dates as best as possible. Delivery deadlines shall be extended by a reasonable period if the volume of work is increased beyond the scope of the original order or if the procurement of spare parts or tools should be delayed for reasons beyond ACS Trieben’s control. If ACS Trieben is responsible for a delay of more than 14 days, the customer may, after having set expressly and in writing a reasonable period of respite of at least 14 days, declare withdrawal from the contract. Services so far rendered will be invoiced by ACS Trieben. Any claims made by a customer due to a delay in delivery, in particular claims for damages, are excluded. In the absence of any other written agreement, delivery is effected on handover at ACS Trieben’s plant. Delivery or shipment is effected at the expense and risk of the customer. The customer defaults on acceptance if the customer fails to accept the goods or object of repair within one week of notification that the goods or object of repair are ready for collection. In this case ACS Trieben may park or garage the object of the order themselves or elsewhere at the expense and risk of the customer; ACS Trieben is not obliged to provide hangar space for aircraft.


6. Warranty

ACS Trieben shall be liable within the scope of statutory warranty provisions. For new and reconditioned parts, devices or components, the warranty provisions of the respective manufacturer shall apply. The warranty shall be fulfilled by remedying any defects free of charge within a reasonable period of time.

For this purpose the customer shall transfer the object of warranty to the premises of ACS Trieben. If a transfer is considered to be unreasonable, ACS Trieben must be given immediate written notice, failing which the customer shall forfeit all warranty; ACS Trieben can, at its own discretion, either demand that the object of warranty be transferred to the premises of ACS Trieben at its own expense and risk, or to remedy any defects through another company to which a transfer is considered to be reasonable, or pay monetary compensation. Warranty is no longer valid if written notice of defects is not given immediately upon handover or as soon as they are recognised, or if defective parts are altered by the customer or a third party without written permission of ACS Trieben.

Claims for damages vis-à-vis ACS Trieben shall be restricted to the amount of the value of the object to be repaired, with the exception of damage caused intentionally or through gross negligence. This shall also apply in the event of damage to or loss of the object to be repaired. ACS Trieben shall only be liable for contents of an aircraft and additional equipment if there is written confirmation of acceptance/receipt. ACS Trieben is not obliged to provide insurance for aircraft and equipment.


7. Place of Fulfilment and Place of Jurisdiction

Place of fulfilment for all claims shall be the registered place of business of ACS Trieben. The place of jurisdiction is Leoben. The contractual relationship is subject to Austrian law.