NEISER AVIATION - STANDARD TERMS & CONDITIONS
1. Scope of Work & Estimates. All estimates and quotations are provided in good faith based on information available at issuance and are valid for thirty (30) calendar days unless otherwise stated in writing. Final costs may vary due to additional discrepancies discovered during inspection, troubleshooting, or maintenance; changes in vendor pricing or availability; additional labor or parts requirements; freight or shipping; or Customer-requested changes. Unless specifically stated otherwise, quoted pricing applies only to the work, parts, materials, and services expressly identified in the applicable estimate, quotation, or Work Authorization. The Customer authorizes NEISER Aviation to perform the maintenance, inspection, troubleshooting, and related services described in this Work Authorization.
2. Payment & Aircraft Release. Invoices are due in accordance with the payment terms agreed between NEISER Aviation and the Customer. NEISER Aviation may require full or partial payment before beginning work, ordering parts, engaging outside vendors, or releasing the aircraft. Unless otherwise agreed in writing, final payment may be required in full before aircraft release. NEISER Aviation may suspend work if required payments are not received or the Customer materially breaches agreed terms. If work is suspended or terminated, the Customer remains responsible for labor performed, parts ordered or installed, outside services, freight, travel, and other expenses incurred through that date. Specific payment methods, card-processing terms, deposits, or approved credit arrangements may be established separately.
3. Additional Work & Discrepancies. Maintenance, inspection, or troubleshooting may reveal discrepancies or additional requirements not reasonably identifiable when the original Work Authorization was issued. NEISER Aviation will obtain Customer authorization before performing additional work outside the approved scope, except when immediate action is reasonably necessary to protect the aircraft, personnel, or property from further damage or an unsafe condition. Authorization may be provided in writing, electronically, by email, or another documented method agreed with the Customer. Additional authorized work may increase final cost and extend estimated completion time.
4. Labor, Time & Materials, Consumables. Unless otherwise agreed in writing, work not covered by a fixed-price quotation will be billed on a time-and-materials basis. Time and materials may include labor, parts, materials, outside services, freight, shipping, handling, travel, mileage, equipment, and other expenses reasonably associated with the requested services. A 6% consumables, shop supplies, and environmental fee will be applied to applicable work-order charges. This fee covers ordinary maintenance consumables and shop supplies that may not be practical to itemize individually, including cleaning materials, shop towels, safety wire, cotter pins, lubricants, small quantities of sealants and chemicals, protective materials, PPE, and similar shop supplies. Specialty materials, dedicated chemicals, significant quantities of consumables, or materials purchased specifically for an aircraft or maintenance task may be billed separately in addition to the 6% fee. AOG, overtime, after-hours, weekend, holiday, travel, mileage, equipment, and minimum-call-out charges may apply when disclosed or agreed as part of the requested service.
5. Customer-Supplied Parts. Customer-supplied parts must be accompanied by documentation sufficient to establish eligibility for installation and satisfy applicable FAA requirements. All customer-supplied parts are subject to receiving and/or incoming inspection. Additional labor required to inspect, verify, research, document, recertify, or otherwise establish eligibility may be billed separately. NEISER Aviation makes no independent warranty regarding customer-supplied parts and is not responsible for defects, failures, improper documentation, incompatibility, or other conditions associated with such parts.
6. Parts, Outside Services & Vendors. Parts, components, NDT, calibration, overhaul, repair, engineering, specialized equipment, subcontracted labor, and other third-party services may be obtained from outside vendors when necessary. Such services may be billed at vendor cost plus applicable freight, handling, administrative, or other agreed charges. Vendor-supplied parts and services are subject to the applicable vendor's warranty and terms. NEISER Aviation will reasonably assist with legitimate vendor warranty claims but does not extend or create a warranty beyond that provided by the applicable manufacturer, repair station, distributor, or vendor.
7. Scheduling, AOG Response & Downtime. Any estimated arrival time, troubleshooting duration, completion date, or aircraft downtime is an estimate and is not guaranteed. AOG response and completion times may be affected by technician availability, airport access, security requirements, weather, parts availability, shipping, vendor response, tooling, technical-data availability, regulatory requirements, or conditions discovered during maintenance. NEISER Aviation will make reasonable efforts to communicate material changes. After-hours, weekend, holiday, or overtime work may require Customer authorization and additional charges.
8. Warranty & Warranty Claims. Any workmanship warranty offered by NEISER Aviation applies only to work actually performed by NEISER Aviation and does not extend to customer-supplied parts, normal wear, misuse, abuse, corrosion, accident damage, subsequent modifications, unrelated failures, or work performed by another person or maintenance provider. Parts and outside services are subject to warranties, if any, provided by the applicable manufacturer, supplier, repair station, or vendor. The Customer must promptly notify NEISER Aviation of a condition believed to involve its workmanship and provide a reasonable opportunity to inspect the aircraft or affected work before another provider performs repairs, except when immediate corrective action is reasonably required for safety or operational reasons.
9. Ground Runs, Operational Checks & Test Flights. The Customer authorizes reasonable ground runs, engine runs, system operational checks, taxi checks, and other functional testing required to troubleshoot, verify maintenance, or establish proper system operation. Test flights will not be conducted without appropriate Customer authorization and coordination. Unless otherwise agreed, the Customer is responsible for aircraft operating costs associated with required test flights, including fuel, flight crew, airport charges, and related expenses.
10. Regulatory & Operator Requirements. Maintenance will be performed using applicable approved or acceptable technical data and in accordance with regulatory requirements applicable to the work. For aircraft operated under specialized operating requirements, the Customer or Operator is responsible for providing operator-specific manuals, procedures, authorizations, inspection programs, or other documentation necessary to perform or document the requested work. For non-U.S.-registered aircraft, the Customer or Operator remains responsible for requirements imposed by the State of Registry unless otherwise agreed in writing.
11. Insurance & Risk. The Customer is responsible for maintaining appropriate hull and liability insurance coverage for the aircraft. Proof of insurance may be requested when reasonably necessary based on the nature, location, or scope of work. Nothing in these Terms is intended to relieve NEISER Aviation from responsibility to the extent liability is imposed by applicable law for its own acts or omissions.
12. Aircraft Access, Storage & Retrieval. The Customer is responsible for providing reasonable access to the aircraft and coordinating airport, FBO, hangar, security, escort, or other access requirements. Hangar, ramp, parking, storage, towing, escort, airport, FBO, or similar third-party charges incurred in connection with the requested service may be billed to the Customer. If an aircraft remains at a location under NEISER Aviation's control after completion of work or notification that it is available for retrieval, reasonable storage or related charges may apply. NEISER Aviation reserves rights or remedies available under applicable Florida law for unpaid authorized services, parts, or charges.
13. Aircraft Records & Customer-Provided Information. The Customer is responsible for providing accurate aircraft information and, when necessary, current logbooks, maintenance records, manuals, wiring diagrams, weight-and-balance information, Instructions for Continued Airworthiness, Supplemental Type Certificate information, FAA Form 337 records, and other documentation reasonably required. NEISER Aviation may rely on information supplied by the Customer, owner, operator, or representatives. Additional troubleshooting, research, labor, parts, or documentation required because information is incomplete, inaccurate, outdated, or inconsistent with the aircraft configuration may result in additional charges.
14. Exchange Components & Core Returns. Exchange components are subject to applicable vendor core-return requirements and final core acceptance. The Customer is responsible for additional vendor charges resulting from a rejected core, including abnormal wear, damage, missing components, unauthorized modification, improper configuration, late return, or other conditions identified by the vendor. Applicable core charges may remain the Customer's responsibility until the vendor accepts the returned core and issues credit.
15. Limitation of Liability. To the maximum extent permitted by applicable law, NEISER Aviation will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising from services provided, including loss of use, revenue, profit, business interruption, or loss resulting from aircraft downtime. Any limitation is subject to applicable law and does not exclude liability that cannot legally be limited or excluded.
16. Force Majeure. NEISER Aviation will not be responsible for delays or additional costs caused by circumstances reasonably beyond its control, including severe weather, natural disasters, airport closures, governmental or regulatory actions, labor disruptions, transportation interruptions, supply-chain disruptions, vendor delays, parts shortages, utility failures, or similar events. NEISER Aviation will make reasonable efforts to notify the Customer of material delays and resume performance when reasonably practicable.
17. Confidentiality, Data & Records. NEISER Aviation and the Customer will use reasonable care to protect confidential or proprietary information received in connection with requested services. Aircraft records, technical information, pricing, customer information, and other non-public information will not knowingly be disclosed to unrelated third parties except as reasonably necessary to perform services, process transactions, satisfy regulatory or legal requirements, or as otherwise authorized by the Customer. Maintenance records will be created and retained as required by applicable regulations and recordkeeping obligations.
18. Governing Law & Disputes. These Terms & Conditions and the applicable Work Authorization will be governed by the laws of the State of Florida, without regard to conflict-of-law principles. The parties agree to make a good-faith effort to resolve disputes directly before pursuing formal legal remedies. Any additional dispute-resolution procedure, venue provision, mediation requirement, arbitration agreement, or allocation of attorney's fees will be governed by the specific written agreement applicable to the transaction and applicable law.
19. Acceptance & Electronic Authorization. By signing the Work Authorization, the Customer represents that the signer has authority to authorize requested services on behalf of the aircraft owner, operator, or responsible party. The Work Authorization, these Standard Terms & Conditions, and any approved estimate, quotation, change authorization, or related written approval constitute authorization for NEISER Aviation to perform the agreed services. Electronic signatures, electronic acknowledgments, and documented electronic approvals are intended to evidence Customer authorization and acceptance to the extent permitted by applicable law.
