Terms and Conditions

GENERAL TERMS AND CONDITIONS

1. Order

1.1. These terms and conditions govern the contractual relationship between the client and MTAS Aviation GmbH for all services related to the supply of goods and execution of work on aircraft, simulators, and their accessories. Deviating conditions of the client shall not apply, even if not expressly objected. Our liability, except as limited by these terms and conditions, is limited to negligence. In the case of contracts involving the procurement of specific items, especially purchase contracts for items yet to be procured, we do not assume the procurement risk unless otherwise agreed upon in individual cases.

1.2. Upon receiving an order, it includes authorization for us to conduct test flights, engine tests, or other necessary measures to verify the order's subject. Furthermore, with prior consultation with the client, we are authorized to perform necessary work for aircraft deemed essential for restoring airworthiness and/or flight safety, provided the work does not significantly deviate from the client's order.

1.3. We are entitled to have commissioned work carried out by another suitable company without requiring prior notice to the client.

1.4. If the customer is not the owner of the relevant property, they are obligated to disclose the owner's information and, upon request, provide their approval for issuing the order. Until then, statutory retention rights are reserved.

1.5. The customer is obliged to accept partial services unless such acceptance would substantially disturb the customer or endanger the contractual purpose.

2. Cost Estimate

2.1. Cost estimates are generally non-binding. They become binding only if provided by us in writing and explicitly identified as binding. Services and deliveries of a special nature required for preparing the cost estimate (e.g., disassembly) will be charged to the client even if the planned work is not executed.

2.2. In case of non-repair for economic reasons, diagnosis costs will be invoiced.

3. Prices / Payments

3.1. The prices and hourly rates listed in our price lists on the day of contract conclusion apply, plus the workshop customary prices and fees, plus the applicable value-added tax.

3.2. In case of an offer, 50% becomes immediately due upon order placement, and the remaining payment is due upon completion.

3.3. Offset against a claim is only permissible if the counterclaim is legally established and not contested by us.

4. Delivery / Deadlines

4.1. We are obligated to adhere to a bindingly agreed delivery deadline. However, if the scope of the order increases compared to the original order, the delivery time will be extended accordingly.

4.2. If the delivery of the order's subject is made to a location other than the place of performance at the request of the client, the risk is borne by the customer.

4.3. The costs for delivering the order's subject to a location other than the place of fulfillment will be borne by the customer.

5. Liability

5.1. Other contractual and/or statutory claims for damages of any kind, including consequential damages, are excluded unless the damage is caused by our intentional or grossly negligent conduct.

5.2. We are not liable for the additional contents of aircraft, unless specifically entrusted to us for custody.

5.3. The above liability limitations apply in full to our bodies, employees, legal representatives, performance and vicarious agents whom we use to fulfill the order.

6. Insurance

6.1. We do not provide separate insurance for the items entrusted by the client. The risk of insurance coverage for the order's subject during the repair/maintenance process is borne by the customer.

7. Retention of Title

7.1. We reserve ownership of all delivered items, accessories, spare parts, and exchange units until complete payment of all claims from the business relationship.

7.2. Unless otherwise agreed with the client, replaced parts become our property.

7.3. During the period of our retention of title, the customer shall maintain the delivered item in the best condition and promptly carry out necessary repairs at their expense at our facility or at an authorized company. We are entitled to inspect the reserved goods at any time.

7.4. The customer is obliged to inform us immediately of seizure, damage, or loss of the reserved goods, as well as any change of possession or residence. If the customer breaches these obligations, we are entitled to withdraw from the contract.

7.5. We have a right of retention and a contractual lien on the items entrusted to us for the fulfillment of the order for all claims arising from the order and other claims from the business relationship beyond statutory rights of retention.

7.6. If the customer fails to meet their payment or other obligations arising from the retention of title, the remaining debt becomes immediately due, even in cases where bills of exchange are payable at a later date.

8. Miscellaneous Provisions

8.1. If any of the above provisions are ineffective or become ineffective, the validity of the remaining provisions shall not be affected.