Terms and Conditions
These terms and conditions, shall apply to all Agreements between the customer, and Westair Maintenance (Pty) Ltd (including any of its Subsidiary companies), "The Company", shall supersede all estimates, statements, representations, understandings and agreements, whether oral or in writing previously entered into by the company with the customer, and shall apply to any future agreement between the customer and the company, whether oral or in writing. No relaxation or waiver of these conditions by the company shall be binding on the company unless reduced to writing and signed by the company. If one or more of these conditions is not enforceable for any reason whatsoever, the remaining conditions shall continue to be of full force and effect. A Client Instruction Form should be signed for each job.
Quotations issued by The Company are estimates of expected costs only and often do not take into account changes in exchange rates and unforeseen repairs and are thus not binding on The Company in any way whatsoever. Accordingly The Company shall be entitled to claim and recover from the customer all amounts that may be due to it by the customer upon completion of the job according to The Company's normal and usual standards and The Company shall under no circumstances whatsoever be bound by or limited to the recovery of the amount indicated in a quotation. The acceptance of any quotations and the placing of any order by a customer shall thus only be considered as the customer's confirmation of instruction to perform at least the work and supply at least the parts referred to therein and to perform such additional work and supply such additional material and parts as The Company may deem necessary. Unless otherwise stated, all quotations are valid for fourteen days only and all spare parts, materials, goods, or equipment supplied or fitted in terms of or pursuant to a quotation are supplied at The Company's normal and usual prices as at Eros Airport. Where the whole or any portion of any quoted price is either directly or indirectly effected by variations in exchange rates, including, but not limited to currency devaluations, any increase or decrease occasioned by any such variations and devaluation's shall be for the customer's account.
If a quotation is accepted by the customer it must be done so in writing. For each Job a Client Instruction form must be completed and signed for. By signing a Client Instruction form the customer will be held liable for the account, parts issued and/or any work done.
4 CHARGES AND PRICES
All work carried out by The Company or services provided by The Company will be charged by The Company to the customer at the fee as expressly agreed to between them, and failing such agreement, at The Company's normal fee for work of that particular nature. The Company's fee and price lists are available on request and in the absence of a request to this effect from the customer, the customer shall be deemed to be conversant therewith. The Company’s prices are not subject to any discounts.
5 TERMS OF PAYMENT
5.1 The Company may in its sole discretion decide to grant the customer a credit facility in terms of which payment by the customer may be made over such period, in such instalments, on such terms and subject to such rate of interest as The Company records in writing. Otherwise the transaction terms shall be deemed to be for cash payable on demand. Approval of any such credit facility shall only be binding if reduced to writing and signed by The Company.
5.2 Unless otherwise agreed to in writing by The Company, all amounts due to The Company in terms hereof or pursuant hereto shall be paid on date of invoice. In the event of it being agreed that payment shall be effected by letter of credit or bank draft, such letter of credit or bank draft shall be irrevocable, be made out in favor of The Company, and be valid for a period of at least six months, be payable against presentation of an invoice or any other document issued by The Company stating the amount due and shall expressly provide that partial shipments are acceptable. The letter of credit shall further reflect The Company's bankers thereon, which are: Bank Windhoek, Account 8003420398, Branch Code 481972, Swift Code BWLINANX
5.3 Payment shall be made free of deduction, set-off, bank charges and/or commissions unless so agreed in writing by The Company.
5.4 The Company shall be entitled to suspend delivery of any goods and materials, as well as suspend the delivery of any service for as long as the customer owes any money to The Company. Should costs have increased during the time of suspension, the customer shall be liable for any increased costs that arose during the period of suspension of delivery of goods, materials and/or services on resumption of delivery or performance.
5.5 The customer shall be obliged to pay on all overdue amounts interest at 2.5% per month calculated on the balance outstanding from time to time, compounded and capitalized monthly from due date for payment until actual date of payment. A monthly admin fee of 2% will be charged on all overdue amounts.
5.6 The Credit Facility will be reviewed every 6 months or otherwise, if the Credit Limit needs to be extended, a new Credit Application will need to be completed for proper assessment
5.7 The Company retains the right to, at its sole discretion, cancel or adjust the Credit Facility, at which time any amounts outstanding exceeding the Credit Limit, will become immediately due and payable. The Customer will be duly notified in writing of the decision.
5.8 It shall be the duty of the Customer to notify the Company of any change in the Customer's status or circumstances, including but not limited to, the address, both physical and registered, encumberment and/or intended alienation of the business or moveable assets other than in the ordinary course of business. Such notice must be given to the Company within 7 days of the date the Customer became aware or ought to have become aware of such changes
6 DELAY IN DELIVARIES
The Company shall not be held responsible and shall have no liability in any way arising from, in consequence of or in connection with any delay of whatever nature. Without limiting the general nature of the aforementioned, this includes liability for loss of use, income, and profit or any special damages or losses as a consequence.
7 RISK OF OWNERSHIP
Ownership of all materials, spare parts, goods and/or equipment supplied and/or fitted in terms of the customer order and/or Client Instruction Form shall remain vested in The Company until payment therefor has been received in full. All risk in and to the materials, spare parts, goods and/or equipment supplied and/or fitted shall pass to the customer on delivery.
8 HANGAR AND STORAGE
In the event of The customer failing to comply with any of these terms and/or delaying jobs in progress by not making progress payments within 7 days of being contacted upon by The Company to do so and/or failing to take delivery of the aircraft and/or spare parts and/or accessories and/or equipment within 7 days of being contacted upon by The Company to do so, the customer shall be liable to pay hangarage / storage fees to The Company at its usual rate at the time. Such fees will be payable weekly in advance.
9 LIEN AND PLEDGE
All aircraft, aircraft engines, spare parts, equipment and accessories that are in possession of and/or under the control of The Company shall be subject to a special and general lien and pledge for all monies due and owing by the customer to The Company for work done, services rendered and/or spare parts, materials or goods fitted or supplied or of any other nature currently outstanding at this time and/or at any time hereafter arising from any cause. Should the customer not pay its indebtedness in full to The Company within 7 days after the due date The Company shall be entitled to, without prior notice to the customer, dispose of any of the items above on such terms and conditions, at such prices and by public auction or private treaty, as The Company may deem fit at its sole and absolute discretion. The net proceeds received shall be applied to the balance outstanding by the customer to The Company in terms hereof, and thereafter to any other amounts owing to The Company by the customer.
10.1 The customer or his representative consents to jurisdiction of the High Court of Namibia for any legal action or proceeding The Company may institute against the customer. The Company reserves the right to, at its sole discretion, institute any such legal action under the jurisdiction of the Magistrate's Court of Namibia.
10.2 The Company shall be entitled to recover all legal expenses and all other fees and charges incurred by it with legal representatives or collection agents from the customer provided that such expenses are incurred due to default by the customer.
11 LIMITATIONS OF LIABILITIES
Save in the case of wilful misconduct and gross negligence on the part of The Company, The Company shall not be liable for any loss to the customer arising from any work carried out, services provided or goods supplied to or for the customer by The Company.
The company has the right to leave the customer's aircraft in the open, tied down or not, should there not be sufficient hangar space available.