Work Authorization / Maintenance Terms & Conditions
I, as owner or authorized agent of the owner (“Client”) of the contracted aircraft (the “Aircraft”), hereby authorize Jet Services Maintenance, Inc. (“JSM”), its agents, and employees, to perform all services requested herein, or which are deemed necessary or required for the Aircraft, and for JSM to furnish all labor, parts, materials, components, and other supplies (“Parts & Labor”) to accomplish or effectuate same, as described and written in the above space. Client authorizes JSM, its representatives, agents, and employees to operate, test, and fly the Aircraft, as required by JSM. Any changes or modifications to this Work Authorization must be in writing and signed by the parties.
JSM AGREES TO REPAIR, OR CAUSE TO BE REPAIRED, AT JSM’S COST AND EXPENSE, ANY DAMAGE TO THE AIRCRAFT TO THE EXTENT SUCH DAMAGE IS CAUSED SOLELY BY THE NEGLIGENCE OR GROSS NEGLIGENCE OF JSM WHILE PERFORMING SERVICES ON THE AIRCRAFT, SUBJECT TO THE OTHER TERMS IN THIS AGREEMENT. FURTHER, JSM SHALL HAVE NO OBLIGATION TO KEEP, MAINTAIN, OR SECURE CLIENT’S PROPERTY LEFT ON THE AIRCRAFT, AND JSM SHALL HAVE NO LIABILITY FOR ANY LOSS, DAMAGE, OR INJURY TO SUCH PROPERTY OR BELONGINGS. CLIENT HEREBY AGREES THAT ANY LIABILITY ATTRIBUTABLE TO JSM, WHETHER IN CONTRACT, TORT, OR IN EQUITY, FOR ANY LOSS, DAMAGE, OR INJURY TO THE AIRCRAFT, SHALL BE LIMITED TO THE REASONABLE COSTS OF REPAIR OF THE AIRCRAFT. CLIENT HEREBY AGREES THAT JSM’S CONSENT SHALL BE REQUIRED IN THE CONTRACTING, RETENTION, OR HIRING OF ANY THIRD-PARTY TO PERFORM ANY SUCH REPAIRS MADE UNDER THIS TERM, BUT SUCH CONSENT MAY NOT BE UNREASONABLY WITHHELD BY JSM.
Client agrees that all Parts & Labor are furnished on a COD basis unless otherwise authorized in writing. If all or any part of payment for the Parts & Labor is to be made by credit card, JSM is hereby granted limited power of attorney, and is hereby authorized, to charge Client’s account or credit card on file, in such amounts and at such times as necessary to ensure prompt and complete payment. In the event payment is not promptly made when billed, JSM may cease or suspend all services, without any liability for any delay in return of the Aircraft for any use, nor be liable for any other damages to the owner thereof. Any outstanding balance due shall be subject to a finance fee of 1.5% per month, together with a storage fee at the rates in effect for the type of Aircraft until full payment is received. NOTE: JSM may attempt to bill/utilize applicable aircraft parts/engine/labor programs for the work being performed. Any denial of coverage will result in the Client being responsible for these charges.
In order to secure payment for all Parts & Labor, in addition to any other statutory liens permitted under Alabama law or applicable federal law that apply to secure payment for the Parts & Labor provided hereunder, Client hereby grants JSM a continuing security interest in, and an express mechanic’s lien upon, the Aircraft (including, without limitation, all parts, materials, components, and other supplies provided by JSM hereunder). Client hereby grants JSM the continuing, irrevocable, and consensual right to record a lien against, and foreclose on, the Aircraft in the event any bill for Parts & Labor is unpaid. Client further authorizes JSM to record and foreclose any such lien in any manner provided by law, regardless of whether JSM is in possession of the Aircraft at the time of filing/recording any such lien.
This Work Authorization shall be construed in accordance with the laws of the State of Alabama, except as noted herein. Any litigation arising from or related to this Work Authorization or services performed by JSM under this Work Authorization shall be brought only in a Mobile County, Alabama state court of competent jurisdiction. All parties irrevocably submit themselves to the exclusive jurisdiction of such courts, and waive any defense of lack of personal jurisdiction, forum non conveniens, or other rights afforded by reason of domicile.
JSM warrants that the work to be performed pursuant to the Work Authorization shall be performed in a workmanlike manner. Client hereby waives, releases, and renounces all other warranties, obligations, and liabilities and all other rights, claims, and remedies of the Client against the JSM, whether express or implied, arising by law or otherwise, relating to any non-conformance or defects in the Parts & Labor provided hereunder, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose, any implied warranty arising from course of performance, course of dealing or usage of trade, and, except as otherwise provided herein, any obligation, liability, right, claim or remedy for loss of or damage to the Aircraft.
IN THE EVENT OF ANY LITIGATION BETWEEN THE PARTIES RELATING TO OR OTHERWISE ARISING OUT OF OR CONCERNING THIS WORK AUTHORIZATION, ALL PARTIES WAIVE TRIAL BY JURY AND AGREE THAT ANY MATTERS IN LITIGATION SHALL BE TRIED TO THE COURT SITTING WITHOUT A JURY.
If it becomes necessary for JSM to retain an attorney to enforce its rights hereunder or to collect any balance due, the owner of the Aircraft shall pay all costs and attorney’s fees incurred by JSM, in addition to any principal and interest adjudged to be due to JSM.
CLIENT AGREES AND UNDERSTANDS THAT UNDER NO CIRCUMSTANCES SHALL JSM BE LIABLE TO CLIENT FOR CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR INDIRECT DAMAGES OF ANY KIND, WHETHER ARISING UNDER CONTRACT, TORT, OR IN EQUITY, RESULTING FROM OR RELATED TO JSM’S PROVISION OF SERVICES UNDER THIS WORK AUTHORIZATION, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR PROFITS, LOSS OF USE OR ACCESS, TRIP INTERRUPTION, LOSSES RELATED TO BUSINESS OPERATIONS, OR DIMINUTION IN VALUE.
JSM requires a 3 hour minimum labor charge for the initiation of any retail maintenance. For servicing consumable items on an aircraft, JSM will charge a minimum of 1 hour of labor for each discrepancy. JSM requires a 10% deposit to secure a scheduled position for all aircraft maintenance. JSM also charges a flat 3% fee on labor charges to cover consumable items used during the maintenance event.