Jet Access Maintenance Terms and Conditions

APPLICABLE LAW: This Agreement shall be interpreted in accordance with the laws of the State of Indiana. The parties hereto agree that any litigation arising out of this Agreement shall be in the State of Indiana. Any legal action by Client for breach must be commenced within one (1) year from the date of the breach. Client agrees to pay all costs and expenses, including reasonable attorney’s fees, incurred by Jet Access Maintenance (JAM) in any action to enforce JAM rights hereunder.

LIMITATIONS OF LIABILITY: IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY LOSS OF USE OF THE AIRCRAFT, LOSS OF PROFITS, DIMUNITION IN VALUE, OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGE TO THE AIRCRAFT RESULTING FROM ANY FAILURE OR REFUSAL TO PERFORM CUSTOMARY RECOMMENDED OR REQUIRED STORAGE AND MAINTENANCE PROCEDURES ON ANY AIRCRAFT HELD ON THE COMPANY’S PREMISES, UNLESS SPECIFICALLY AGREED IN WRITING. IN NO EVENT SHALL ANY ACTION BE COMMENCED AGAINST THE COMPANY FOR MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION WITH RESPECT TO WHICH THE CLAIM IS MADE HAS ACCRUED. In the event JAM physically damages Client’s property, Client’s sole and exclusive remedy, and JAM’s sole and exclusive liability, is limited to the repair or replacement (at JAM’s option) of the damaged portion of the property.

WAIVER: Failure by either party to assert all or not any of its rights upon any breach of this Agreement shall not be deemed a waiver of such rights either with respect to such breach or any subsequent breach, nor shall any waiver be implied from the acceptance of any payment or service. No written waiver of any right shall extend to or affect any other right either party may possess, nor shall such written waiver extend to any subsequent similar or dissimilar breach.

ENTIRE AGREEMENT: This written agreement contains the entire agreement of the parties regarding this matter, superseding any and all prior oral or written agreements or understandings. Any changes to this agreement must be agreed to in writing.

AIRCRAFT CONDITION AND PRICING: All Inspections, Maintenance, Service Bulletins, and Installations are priced based upon information in current circulation on the date of the proposal. Any subsequent releases may result in price changes due to changes in the applicable approved data. Proposal pricing is based on the assumption that: the Aircraft is in airworthy condition; there is adequate space for the requested work; and the existing electrical/avionics interfaces and electrical power will accommodate the new installations and modifications. Proposed prices and downtimes are contingent on the Client providing JAM with applicable: existing avionics, electrical and aircraft system diagrams and drawings; current weight and balance data; electrical load analysis data; and/or FAA Form 337 and other maintenance records and documentation that accurately represent the current condition of the Aircraft. Missing documentation or discrepancies between the supplied documents and the current Aircraft configuration may cause additional charges and / or extend the downtime.

SCHEDULING AND DELAYS: Any proposed completion date is only an estimated completion date and is not guaranteed. JAM is not liable or responsible for any loss of use, consequential, regulation or ruling that directly or indirectly interferes with or renders more burdensome the work; non- availability of parts, materials, or components from suppliers; delays in transportation; labor strikes; delays in governmental approval or other causes beyond JAM’s reasonable control.

GROUND RUNS: Client hereby authorizes JAM to perform such ground runs and taxiing as required, using properly qualified personnel.

FLIGHT TESTING: Any operational costs associated with the flight test (if required) such as fuel, flight crews, ground handling and insurance are the operator’s responsibility. Additionally, the Client is responsible for providing any required data, authorizations, or registration materials required in support of the flight-testing effort.

INTERIOR: Unless otherwise noted, quoted prices do not include interior removal, reinstallation or modifications required due to the many variances in interior configurations between aircraft and will be billed on a Time & Material basis.

REMOVED EQUIPMENT: Unless specifically documented by Client and agreed to by JAM, all equipment and furnishings removed and not reinstalled in accordance with the specification shall become property of JAM.

CLIENT SUPPLIED PARTS: Client agrees to pay a handling fee of 15% of the current list price for parts supplied by the Client. These parts must pass JAM’s receiving inspection for condition and certification traceability before use. For each client-supplied part, the minimum handling fee shall be $100.00, and the maximum shall be $5,000.00 and is subject to change.

WARRANTY: JAM warrants that Maintenance, Minor Repairs, Minor Alterations, and/or Service Bulletins performed by JAM shall be free from defects for ninety (90) days after the aircraft is approved for return to service. JAM warrants that Major Repairs, Major Alterations, Exterior Painting, and/or Interior Refurbishments performed by JAM shall be free from defects for one hundred eighty (180) days after the aircraft is approved for return to service. The sole and exclusive obligation and liability of JAM shall be to rectify any defect reported by the Client within the warranty period at JAM facility or agreed upon location.

The decision and methods used to correct, repair, or replace the defective item is solely within the discretion of JAM. This warranty does not cover normal wear and tear and or JAM shall not be held responsible for either direct, indirect, or consequential damages or expenses, including, but not limited to, the cost of chartering alternate transportation, travel or living expenses and does not cover Parts.

THIRD PARTY WARRANTY PROGRAMS: Parts are subject to the terms of each vendor’s warranty program. Client agrees to be responsible for any claims or charges (including parts and / or labor) submitted to vendor that are unpaid by that vendor. JAM shall not be responsible for denied or cancelled warranty plans or programs.

CLIENT PROVIDED MAINTENANCE TRACKING INFORMATION: JAM is not responsible for costs associated with client approved work performed in accordance with client provided maintenance tracking programs or aircraft / component times or cycles. This includes denied warranty coverage due to items being performed outside of vendor approved warranty time frames. It is the client’s responsibility to ensure provided maintenance due lists, tracking programs, times, and cycles are thorough and accurate.

AIRCRAFT PRE-PURCHASE SURVEYS: The purpose of an Aircraft Pre-Purchase Survey is to provide an overview and spot check of client identified areas of possible concern. It does not (a) ensure total integrity of the aircraft; (b) represent that the aircraft is airworthy; (c) identify all possible issues or discrepancies the aircraft may have; or (d) determine the value of the aircraft. In addition, JAM will not perform a records search to verify if the registration is current or accurate, or that the title is free of encumbrance. Work performed is limited to the client requested items and is performed in accordance with the appropriate maintenance manual instructions.

An Aircraft Pre-Purchase Survey cannot ensure the aircraft is without defects or discrepancies, or that the aircraft records are complete and error-free. JAM provides no warranty in connection with the Aircraft Pre-Purchase Survey. Owner and buyer agree that JAM’s liability for any breach or performance of the Aircraft Pre-Purchase Survey shall be limited to refund of payments made to JAM or, at JAM’s sole discretion, repair and / or replacement of affected parts.

Owner and Buyer agree to defend, indemnify, and hold harmless JAM (including its officers, directors, and employees) from and against any and all claims, losses, fines, penalties or loss of any nature, arising out of or in any way connected with the client’s future purchase or sale of the aircraft. JAM shall not be liable to the owner, buyer, or any other person or entity for consequential, incidental, punitive, exemplary, special, or any other form of damage.

For Aircraft Pre-Purchase Surveys, JAM requires (a) the current owner’s written authorization to perform work at the buyer’s request; (b) signed approvals from buyer and / or owner for the selected items to be performed; and (c) full prepayment for the scope of the Aircraft Pre-Purchase Surveys.

PAYMENT TERMS / SCHEDULE: Payment in full is due upon completion of the work and prior to release of the Aircraft unless JAM accepts other arrangements. Acceptance by JAM of less than full payment shall not be a waiver of any of its rights or remedies. Acceptable methods of payment include cash, wire transfer, pre-approved company check or major credit card. Any credit card fees are the responsibility of the Client.

Progress payments are required for projects expected to last more than 45 days. Progress payments shall be due every 30 days and equal to 50% of the remaining approved work scope balance.

Deposits are non-refundable and will be retained as liquidated damages in the event the project is canceled.

SHOP SUPPLY FEE: A charge equal to 4% of total labor charges incurred in connection with the work performed by JAM will be added to all Client invoices for environmental charges, shop fees, and miscellaneous materials consumables. This charge covers items consumed, including tape, solvents, shop-cloths, sandpaper, cleaning compounds, brushes, grease, etc. This charge also covers costs incurred to comply with local, state, and federal environmental regulations.

TAXES / AIRPORT AUTHORITY FEE: Quoted prices do not include any applicable taxes, duties, tariffs, or fees. This includes any applicable airport authority taxes or fees.

FREIGHT: Quoted prices do not include any applicable freight charges or handling fees.