General Business Terms
All contracts and legal transactions made with the Austrian Aircraft Corporation Österreichische Luftfahrzeug GmbH (shortened to AAC) are subject exclusively to these General Business Terms, unless there is a written statement to the contrary. Orders and contracts will normally only be accepted in writing. Contracts or orders that are given verbally or by telephone require a subsequent written confirmation from the client. AAC may decline to accept an order at any time or make their acceptance dependent on the receipt of a deposit. Where the written word is stipulated in these General Business Terms, telefax or email is understood to be acceptable.
A maintenance contract includes permission to carry out all the works necessary to fulfil the contract, including disassembly, and to issue further sub-contracts.
2. Cost Estimates
Unless there is a written agreement to the contrary, the issuance of a cost estimate carries a fee. If a maintenance contract is entered into after a cost estimate has been issued, it is possible to agree in writing that all or part of the costs associated with the issuance of the cost estimate will be deducted from the contract fee.
Cost estimates are non-binding unless they are expressly designated as binding. In the latter case, they have a validity of four weeks. Additional charges due to changes in customs duties, taxes and fees, altered minimum wages and changes to the price of materials may be charged to the client in all cases. Verbal information about likely repair costs are not valid cost estimates and as such completely non-binding. If during the course of a repair or maintenance procedure it becomes apparent that further work is necessary, the cost estimate may be exceeded by a maximum of 10% without first consulting the client; beyond this, the client will be asked to provide his/her written agreement to the expansion of the works agreed on.
Calculations of the cost of materials are carried out using the list prices valid on the day of delivery, while calculations of labour costs are made according to the prices displayed by the company AAC. A prerequisite for the offsetting of any exchanged part prices is that the exchanged parts are still in working order. Unless there is a written agreement to the contrary, the ownership of old parts is transferred to AAC; if disposal costs apply, these will be charged to the client. If an order is expressly deemed urgent, in these words or similar, any accrued overtime or additional costs due to expedited delivery of materials may be charged to the client.
At any time AAC may request appropriate deposits on the contract price. If the client fails to pay the deposit on time, AAC may wholly or partly rescind the contract. In any event, AAC is entitled to delay the commencement or continuation of works until the deposit(s) has/have been received. Retention of payments and offsetting of claims on AAC by the client is excluded. Unless there is a written agreement to the contract, invoices are to be settled in cash upon collection of the aircraft or goods. In view of outstanding claims on the client, in particular arising from previous maintenance works or material delivery, as well as in the case of damage claims, AAC has a right of retention until all open invoices have been settled in full. General statutory rights of retention remain unaffected. If payment is not made on time, AAC is entitled to charge default interest of 1% per month as well as appropriate dunning costs. In all cases, all goods delivered and parts fitted remain the property of AAC until full payment has been received.
AAC is obliged to meet delivery and completion dates where possible. If the scope of work increases beyond that specified in the original contract or the procurement of replacement parts is delayed by circumstances beyond AAC’s control, a corresponding delay to the delivery date may occur. In the case of a delay of more than 14 days that is caused by AAC, the client may declare his/her rescindment of the contract after setting an appropriate grace period of at least 14 days. Services carried out by AAC up to this point will be invoiced to the client. Any other claims by the client resulting from a delay in delivery, in particular damage claims, are excluded. Unless there is a written agreement to the contract, the transfer will take place on the AAC premises. Delivery or consignation is only carried out at the expense and risk of the client.
Default of acceptance arises when the client fails to collect the goods or the object under maintenance/repair within one week of being informed that it is ready for collection. In this case AAC may undertake to store the contract object itself or elsewhere at the client’s expense and risk; however, AAC is not obliged to store the object in an aircraft hangar.
AAC is liable within the scope of the statutory terms of warranty. In the case of new and completely overhauled parts, equipment or components, the terms of warranty of the relevant manufacturer apply exclusively. The guarantee follows in the form of a rectification of faults by an appropriate deadline and at no charge. In this case, the client is to bring the object under warranty to the AAC premises. If such a transfer is unreasonable, AAC is to be notified immediately along with the forfeiture of all other claims; AAC can choose to request a transfer at its own expense and risk, or to have the rectification of faults carried out at another company to which a transfer is reasonable, or to provide appropriate financial compensation. Any warranty claims are forfeited if discernible faults are not immediately noted in writing at the time of transfer or discovery, or if parts affected by faults have been altered by the client or a third party without the written agreement of AAC.
All damage claims on AAC are limited to the value of the object under repair, except in the case of damages caused by wilful or gross negligence. This also applies to the loss of or damage to the object under repair. In the case of aircraft contents and accoutrements, AAC is only liable if such a transfer has been confirmed in writing. AAC is not obliged to insure aircraft and/or their accoutrements.
All contracts are to be fulfilled at AAC headquarters. The place of jurisdiction is the court with subject-matter jurisdiction for the business premises at Graz Airport (Flughafen Graz) and Linz Airport (Flughafen Linz). Austrian law is applicable, under exclusion of the UN Convention on Contracts for the International Sale of Goods.