ExecuJet Charter Service Terms & Conditions

These terms and conditions ("Terms and Conditions") accompany ExecuJet Charter Service, Inc. ("ExecuJet") Purchase Order and Work Order, if accepted as is along with the Purchase Order/Work Order, form the complete agreement between ExecuJet and Customer ("Agreement"). Customer is deemed to accept these Terms and Conditions by a written or electronic acknowledgment of accompanying Purchase Order/Work Order or by commencement of work as contemplated by this Agreement. Acceptance hereof by Buyer supersedes, nullifies and voids any other terms, conditions, representations, understandings, in oral or written form with respect to the Purchase Order(s)/Work Orders referencing this Agreement.

GENERAL TERMS AND CONDITIONS

1. Authority to Execute and Bind: The person signing this Work Order ("Customer") has actual authority, as owner or authorized agent for the owner of the above referenced "Aircraft," to bind the Aircraft owner and authorize ExecuJet Aviation Services ("ExecuJet") to undertake and perform all repairs and services, as set forth in this Work Order. To the extent applicable, all references to Customer noted in this Work Order include the Aircraft owner.
2. Work Scope Quote: The Work Scope quote includes inspections and/or repair services including, but not limited to, furnishing of labor, parts, materials, components, appliances, and supplies for the purpose of repairing, restoring, replacing, or upgrading the Aircraft and any items located thereon or attached thereto. The Work Scope quote does not include freight and shipping charges, consumables fee (4.0%), fuel, flight costs, flight crew costs, disposal and exchange core costs, environmental charges, insurance, export/import fees, overtime, and any applicable government taxes or fees, which may also become due and payable.
3. Payment: If payment is not tendered to ExecuJet at the time such payment is due and payable, ExecuJet is entitled to maintain a possessory lien on the Aircraft and Aircraft records and/or file and record a mechanic's lien in accordance with applicable Florida Statutes. This Work Order is in no way waives or limits or is intended to waive or limit the application of Florida's lien statutes. ExecuJet is not liable for any damages caused by delay in returning the Aircraft to service or delivering the Aircraft back to Customer when the delay is due to Customer's failure to make full payment when due.
4. Customer Supplied Parts: All customer supplied parts are subject to inspection and an embodiment fee of 10% of MSRP or Retail industry pricing.
5. Lien Enforcement: If, prior to the time that full payment for services has been made, ExecuJet elects, in its sole and exclusive discretion, to release possession of the Aircraft, the parties mutually agree that this release of possession constitutes a good and valuable benefit in favor of the Customer. For consideration of this benefit, the parties mutually agree that Customer knowingly and intentionally waives any right to contest the validity of any mechanic's lien recorded pursuant to Florida law due to ExecuJet's failure to have actual possession of the Aircraft at that time.
6. Risk of Loss:  Customer bears the risk of loss of the Aircraft due to unforeseen hazards or events. ExecuJet shall not be liable for any failure to perform services or delays due to causes beyond its control, including but not limited to, strikes, lockouts or other labor difficulties, machinery breakdowns, inability to obtain transportation, delays of carriers or suppliers, fires, floods, acts of God, acts of terrorism, war, or other outbreaks of hostilities, and any foreign or domestic embargoes.
7. Obligations and Responsibilities of ExecuJet:  The obligations and responsibilities of ExecuJet pursuant to this warranty for the services shall be limited to either the repair, overhaul or replacement of any part or component (which decision shall be in the reasonable discretion of ExecuJet).  It is hereby understood that ExecuJet will provide the necessary parts and materials needed to affect such repair, overhaul or replacement. 
8. Obligations and Responsibilities of Customer:
   1. Customer is obligated to give written notice to ExecuJet of a malfunction claimed to be within the scope of this warranty within twenty (20) days of discovery thereof.
   2. At Customer's expense, the Aircraft or any part or component thereupon involved must be returned to ExecuJet at ExecuJet's Facility or other mutually agreeable location within thirty (30) days after the discovery of the defect.
   3. Any part or component must be properly preserved, packaged and shipped to avoid corrosion or damage in transit.
   4. In the event the investigation correctly discloses no defects in workmanship by ExecuJet, Customer shall pay for labor and materials consumed in the teardown, investigation, reassembly, and testing, as well as shipping costs to and from ExecuJet's facility, at the standard rates and charges then in effect for such services.
9. Insurance: At all times that ExecuJet is providing services and/or repairs to the Aircraft, Customer shall maintain or caused to be maintained Aircraft liability insurance in an amount of at least $50,000,000, per occurrence, and all-risk hull insurance with a minimum coverage limit not less than the retail market value of the Aircraft. Customer will deliver to ExecuJet a Certificate of Insurance showing the required Aircraft liability and all-risk hull coverage. The policies shall provide that no cancellation, non-renewal, or material change with respect to coverage may be made without thirty (30) days advance written notice to ExecuJet.
10. Assignment: Except as otherwise established herein, this Work Order may not be assigned, in whole or in part, without the prior written consent of the non-assigning party. Any assignment of this Work Order by either party hereunder without written consent of the other shall be void.
11. No Waiver: The failure of ExecuJet to immediately enforce any provision, right, or remedy of this Work Order does not waive the right of ExecuJet to enforce the provision, right, or remedy at some later time, nor does it preclude the right of ExecuJet to enforce any other provision, right, or remedy of this Work Order. The failure of ExecuJet to immediately collect payments when due is not a waiver of any amounts due and owing, and the acceptance of partial payments does not mean that ExecuJet has waived the right to collect the full amounts due and owing.
12. Construction: In interpreting this Work Order, the parties agree that it should be interpreted as if neither party had drafted it for its own benefit, such that there is no presumed bias in favor of, or against, either party.
13. Severability: If a court of competent jurisdiction determines that any section of this Work Order is not enforceable, or otherwise void or illegal, the remainder of the Work Order shall remain in full force and effect, and the parties remain bound by its provisions.
14. Applicable Law: This Work Order is to be construed in accordance with the laws of the State of Florida, United States.
15. Dispute Resolution: Any disputes arising under this Work Order, including claims regarding actions leading to the execution of this Work Order, or for any repair services performed hereunder, shall be resolved by adjudication in the civil courts of Hillsborough County, Florida, United States. The parties agree to waive a jury trial in any such litigation.
16. Attorney's Fees: If ExecuJet is required to take any action to enforce the provisions of this Work Order, Customer agrees to compensate ExecuJet for the incursion of any court costs and attorney's fees. Attorney's fees include appellate fees.
17. Entire Work Order:  This Work Order is intended to be the complete and exclusive statement between ExecuJet and Customer of the work contemplated herein and the applicable terms and conditions.  
18. Counterparts: This Work Order may be signed in counterparts, of which when placed together will constitute an original binding Work Order.
19. Limitation of Liability:  TO THE FULLEST EXTENT PERMITTED BY LAW, EXECUJET'S LIABILTY FOR ANY CLAIM OF ANY KIND, INCLUDING BREACH OF CONTRACT OR WARRANTY OR FOR NEGLIGENCE OR OTHER CONDUCT, FOR ANY LOSS OR DAMAGE ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM THIS WORK ORDER, OR FROM THE PERFORMANCE OR BREACH THEREOF, OR FROM THE SALE, DELIVERY, RESALE, OR REPAIR OF ANY GOODS COVERED BY OR FURNISHED UNDER THIS WORK ORDER SHALL IN NO CASE EXCEED THE PRICE ALLOCABLE TO THE WORK, GOOD, OR PART THEREOF WHICH GIVES RISE TO THE CLAIM, PROVIDED THAT SUCH LIABILITY SHALL BE CONDITIONED UPON CUSTOMER PROVIDING NOTICE TO EXECUJET OF ANY CLAIM WITHIN ONE (1) YEAR FROM THE DATE OF OCCURERENCE OF SUCH CLAIM. IN NO EVENT SHALL EXECUJET BE LIABLE TO CUSTOMER FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DIMINUTION IN VALUE, DEDUCTIBLES, OR LOSS OF REVENUE, PROFITS, OR USE REGARDLESS OF IN CONTRACT OR IN TORT OR ANY OTHER CAUSE OF ACTION (INCLUDING NEGLIGENCE AND STRICT LIABILITY).