08 September 2010
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exchange agreement

 

 

Customer

 

Contact Name

 

Part Number  

Serial Number

Condition

Purchase Order No.

 

 

 

 

Term of Agreement:

14 days

First exchange period ends:

 

Exchange Fee:

 

USD$

(Plus overhaul, repair, certification and/or modification charges, as applicable).

Outright Price:

 

USD$

In the event that the returned core unit is deemed BER (Beyond Economic Repair)

Type of Transaction

EXCHANGE

Exchange plus cost of overhaul/repair/freight

                       

WE, THE CUSTOMER, WISH TO EXCHANGE THE PART(S) IDENTIFIED ABOVE AND AGREE TO THE TERMS OUTLINED IN THIS AGREEMENT.

P3 Aviation Limited, ‘the Seller’, will for an agreed amount (‘the Exchange Fee’), exchange with the Customer a serviceable unit (‘the Exchange Unit’) for an unserviceable but otherwise equivalent unit (‘the Off-unit’).

The Customer agrees to pay the Exchange Fee plus all transportation (including customs fees and charges). Payment credit terms will be pre-agreed but regardless, will be a maximum of 30 days from date of invoice. Exchange Units returned because of confirmed failure will be processed in accordance with the Seller’s standard Return Material Authorisation (RMA) and warranty policies which can be viewed on our company’s website at www.p3aviation.com under ‘terms & conditions’.  The terms of Flat Rate Exchanges are outlined on page 2.
   
The Customer must deliver Off-units to the Seller at P3 Aviation Ltd, 38 Raynham Road, Bishop’s Stortford, Hertfordshire, CM23 5PE, United Kingdom, within the Term of Agreement (as above). Please retain proof of shipment information.

All Off-units supplied must be the same Part Number, Dash Number, Model Number and Modification Status as the original exchange unit supplied unless agreed in writing by P3 Aviation prior to original exchanged unit being issued.  

Life Limited Parts must have life remaining of no less than 85% of the life of the Exchange Unit.  P3 Aviation reserves the right to reject the off-unit and/or invoice additional pro-rata charges to compensate for the depreciation in the original exchange unit’s outright value.

A differential charge may be applied in the case of Escape Slides, Landing Gear or similar equipment transactions when DOM (Date of Manufacture) and CSN (Cycles Since New) differ from those on the P3 Aviation supplied unit

Return Off-units must be accompanied by the certification documents detailed as follows:
A. ‘unserviceable’ tags containing ‘Reason for Removal’ information,
B. A certificate of origin that includes:
1. source of the part fully traceable and documented to an FAA Part 121 or 129 certificated carrier or the OEM (Original Equipment Manufacturer);
2. statement that part is not incident related and has not been subjected to any unusual stress/heat or immersed in salt water.
3. statement that part was not procured from the U.S Government or any military source.
4. statement that part was produced by the Original Equipment Manufacturer (OEM).
C. Full records and traceability documentation to Original Equipment Manufacturer (OEM) for ‘Time and/or cycle life limited’ (ultimate life) of part/component.

Please note if the documents detailed above are not supplied then the Exchange is deemed to still be open and additional exchange fees will be applied.  Improperly returned Off-units may be returned to the Customer at the Customer’s expense and the transaction reverted to a sale.

 

 


By prior agreement in writing, the Customer may repair the Off-unit and return to P3 Aviation within 30 days of the despatched exchange unit. Should the Customer return a serviceable unit, recertification/overhaul charges may still be chargeable to bring the status of the returned unit and its release documentation up to that of the Exchange Unit.

The Customer agrees and warrants that title to and ownership of the Exchange Unit shall remain with and be vested with the Seller until the Customer has paid the Seller for the Exchange of the Unit in full (EI or EX) and the unit is actually installed on the Customer’s aircraft at which time the Seller will lose title to the Exchange Unit and simultaneously gain title to and ownership of the identical Off-unit removed from the Customer’s aircraft on which the Exchange Unit was installed. The Customer warrants that it has full and clear title to the Off-unit, fee of all encumbrances and agrees to deliver such title of ownership in the Off-unit to the Seller upon installation of the Exchange Unit onto the Customer’s aircraft. Any Exchange Unit not paid for remains subject to the Seller’s terms and conditions of sale.

If the Seller has not received the Off-unit and its documentation within fourteen (14) days of the dispatch date, then the Customer will be billed and agrees to pay a second identical Exchange Fee, plus any subsequent fees due for further elapsed exchange periods.  If an Off-unit has not been received by the Seller within thirty (30) days of the dispatch date, then the Seller reserves the right to convert the Exchange Transaction to an Outright Sale at the ‘Agreed Market Value’ plus two applicable exchange rental fees already billed to the Customer, or convert the transaction to a Loan based on IATA rates.

Repair/Overhaul and freight charges for Exchange plus cost transactions will be invoiced, based on the workshop’s quotation, subject to final test. In extreme circumstances, this may result in the final repair/overhaul invoices being amended to represent the revised cost. A significant period may elapse before repair charge invoices are rendered.  Once the repair charges for the Off-unit have been submitted, the Customer has three (3) working days to approve/reject the applicable charges.  If no response is received within three (3) working days P3aviation reserves the right to immediately approve the said charges and invoice the Customer for the repair plus any relevant costs incurred in relation to the transaction.  With regard to market shortage of Off-unit repair parts (over 90 days delivery), P3aviation reserves the right to invoice the full outright value and reject and return the Off-unit (at the Customers expense).

If the Seller deems the Off-unit to be BER (Beyond Economical Repair), an additional Invoice will be raised to convert the transaction to an Outright Sale (this may include additional Workshop Inspection, scrap disposal and Shipping Charges). The original Exchange Fee and any additional Exchange Fees will still stand. In respect of Exchange Inclusive transactions the price quoted reflects the cost of a standard overhaul/repair. In the event of any high cost breakdown spare part(s) being required which exceed the normal overhaul, the Seller reserves the right to render a supplementary invoice to cover any out of scope material requirements.

Once the Exchange Unit is FOB (freight on board) an order may not be cancelled by the Customer but may be returned unused.   Should the Customer return the Exchange Unit unused, the Exchange Fee plus shipment costs will remain payable .  The unused exchange unit must be returned with all the original paperwork and a certificate stating that the unit has not been installed or used for testing or diagnostic purposes.  If the customer fails to provide the relevant paperwork then re-certification costs may be applicable.

This agreement shall be interpreted in accordance with the Laws of England and the parties agree to be bound by the non-exclusive jurisdiction of the English Courts.  In signing this agreement you, the Customer, are hereby bound by the Terms & Conditions above.

P3 Aviation Ltd  Authorised Signature  Print Name  Date
        
        
Customer  Authorised Signature  Print Name  Date
        

                                      


p3 aviation limited, 38 raynham road, bishop's stortford, hertfordshire, cm23 5pe, united kingdom
t: +44 (0)1279 713 300       f: +44 (0)1279 713 301       e: sales@p3aviation.com

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