STANDARD TERMS AND CONDITIONS

1. ACCEPTANCE

These Terms and Conditions (“Terms”) govern all goods and services provided by Aviation Solutions LLC, a New Jersey-based company, including but not limited to the sale of engine parts and maintenance and repair services. Engine rentals are excluded from these Terms.

Any additional or conflicting terms presented by the Customer—whether in purchase orders, specifications, or other documents—shall not be binding on Aviation Solutions LLC. Acceptance of the Customer’s order is expressly conditioned upon their agreement to these Terms. Any modifications or waivers must be explicitly stated in writing and signed by an authorized officer of Aviation Solutions LLC.

2. ORDER PROCESS FOR ENGINE SERVICES

Agreement to Service: Delivering parts to be purchased (“Parts”) to an Aviation Solutions LLC facility, currently located in New Jersey, constitutes the Customer’s agreement for Aviation Solutions LLC to perform work and charge for parts, labor, and other associated costs under these Terms.
On-Site Service Requests: If the Customer requests Aviation Solutions LLC technicians to perform services at a location other than an Aviation Solutions LLC facility, this constitutes the Customer’s agreement to commence work and pay all applicable charges.
Cost Estimates: Aviation Solutions LLC may provide a non-binding estimate upon request. If needed to meet turnaround times or delivery deadlines, Aviation Solutions LLC may proceed with ordering parts and services without requiring prior Customer approval.
Customer Responsibility for Engine Transport: The Customer is solely responsible for safely transporting engines to and from an Aviation Solutions LLC facility unless Aviation Solutions LLC agrees to arrange transport.
Third-Party Transportation: If Aviation Solutions LLC arranges transportation, it may use third-party providers (e.g., common carriers or air charter services). The Customer assumes all related risks and responsibilities. Shipping insurance is not included unless specifically requested and paid for by the Customer.
On-Site Service Access: When services are performed at a Customer’s location, the Customer must provide secure and appropriate workspace access. Additionally, the Customer is responsible for all travel expenses incurred by Aviation Solutions LLC personnel.
Work Stoppage: If the Customer rejects an estimate or requests a halt to services, Aviation Solutions LLC will cease work immediately. However, the Customer remains responsible for all costs incurred up to that point, including parts, labor, and travel expenses.
Insurance Requirements: The Customer must maintain full property and casualty insurance on any engine while at an Aviation Solutions LLC facility. If the engine arrives on-wing, the Customer must also carry aircraft hull insurance and a minimum $2 million general liability policy. Policies must include a waiver of subrogation against Aviation Solutions LLC. The Customer authorizes Aviation Solutions LLC to operate aircraft for necessary ground-based operations but acknowledges that Aviation Solutions LLC is not liable for any damage, personal injury, or loss except as expressly stated in Sections 6 (Limited Warranty) and 7 (Liability).
Regulatory Compliance: The Customer is responsible for providing Aviation Solutions LLC with all relevant compliance information, including maintenance programs and Federal Aviation Regulations (Parts 91, 121, 125, 129, 135) or foreign equivalents. The Customer must verify maintenance records upon receipt and report any discrepancies within five (5) business days. Aviation Solutions LLC assumes no responsibility for recommending specific inspections, service bulletins, or airworthiness directives unless explicitly stated in the work scope.

Alternative Method of Compliance (AMOC): Aviation Solutions LLC may use FAA-approved AMOCs in engine repairs. If an AMOC is applied, it will be recorded in the logbook, and it is the Customer’s responsibility to notify their principal FAA inspector or local FAA office.

3. PRICING

Rates for Parts and Labor: The prices for parts and services will be determined based on the rates in effect at the time of invoicing by Aviation Solutions LLC. Estimates provided for parts, labor, and services are valid for 30 days. However, these prices and the availability of new, overhauled, serviceable, or repaired parts may change. Aviation Solutions LLC reserves the right to use new, overhauled, serviceable, or repaired parts at its discretion. “New” parts may consist of OEM (Original Equipment Manufacturer) parts, PMA (Parts Manufacturer Approval) parts, or parts produced in accordance with FAA-approved or acceptable data.
Shipping Charges: In addition to the cost of parts and labor, a 2% shipping fee will apply to any parts, or as otherwise specified in the estimate or invoice. If Aviation Solutions LLC deems it necessary to replace the Customer’s shipping crate, the Customer will be charged for the standard cost of the replacement crate. Furthermore, the Customer will be responsible for the costs of any shipping and, if requested, shipping insurance arranged by Aviation Solutions LLC.
Core Part Exchange and Fees: Parts are generally sold as exchanges unless stated otherwise on the estimate or invoice. Aviation Solutions LLC retains ownership of the exchanged core parts. Core charges or scrap fees may be added or adjusted after a third-party evaluation, depending on the condition of the exchanged core. Aviation Solutions LLC is not obligated, but reserves the right to reject customer-supplied parts and may charge a handling fee for those parts.
Taxes and Duties: The Customer is responsible for all applicable taxes (excluding income taxes), VAT, customs duties, and similar charges associated with the sale, shipment, or performance of services. Alternatively, the Customer may provide an exemption certificate to waive these charges. New Jersey sales and use taxes generally do not apply to parts or labor provided by Aviation Solutions LLC. For sales or shipments subject to VAT or foreign taxes, the Customer is responsible for dealing with the appropriate authorities.
Customer-Supplied Parts: Parts supplied by the Customer, including those directed or specified by the Customer, are not warranted by Aviation Solutions LLC. Aviation Solutions LLC reserves the right to reject customer-supplied parts, which are subject to handling fees. The Customer is solely responsible for any loss, damage, injury, or death caused by the use of customer-supplied parts.

4. PAYMENT TERMS

Deposit and Payment: Aviation Solutions LLC may require a 50% deposit of the estimated price before proceeding with inspection. Full payment is required before delivery of the final product. Past-due amounts will accrue interest at a rate of 1.5% per month, or the maximum rate allowed by law, whichever is lower. Payments should be made to Aviation Solutions LLC at the specified address on the invoice. The Customer is not permitted to withhold any payments due to taxes or other reasons, including delays in payment from third parties (such as insurance carriers or aircraft owners). If the Customer opts to pay by credit card or other methods that involve merchant processing fees, the Customer will also be responsible for paying these fees, where permitted by law. Regardless of the payment method, Aviation Solutions LLC may apply payments to any outstanding invoices at its discretion.
Separate Invoices for Multiple Engines or Services: If a project involves multiple engines or processes, Aviation Solutions LLC may issue separate invoices for each engine or service. Each invoice will be considered a separate and independent transaction.

5. DELIVERY

FOB Shipping Terms: All shipments to or from Aviation Solutions LLC are made FOB the Aviation Solutions LLC location, and the risk of loss or damage passes to the Customer upon delivery to the carrier.
Documentation: The Customer must provide the appropriate logbooks or maintenance documentation along with the engine. Aviation Solutions LLC is not liable for any loss or damage to logbooks or other documentation during transit or storage, except in cases of negligence. It is the Customer’s responsibility to back up or copy logbooks prior to submission.
Estimated Delivery Times: Aviation Solutions LLC makes reasonable efforts to meet delivery dates; however, all estimated turn times and delivery dates are for guidance purposes only. The company is not liable for delays in delivery.

Acceptance of Products or Services: Any product or service provided by Aviation Solutions LLC will be deemed accepted by the Customer upon use of the engine or 30 days after delivery, whichever occurs first.

6. LIMITED WARRANTY

Warranty Coverage: Aviation Solutions LLC warrants that its services will be free from defects in workmanship under normal operating conditions for one (1) year from the completion date, regardless of when the Customer first uses the service. Aviation Solutions LLC assigns the manufacturer or vendor warranty for parts to the Customer and will provide reasonable assistance with warranty claims, but it does not otherwise warrant parts.
Warranty Claim Procedure: If the Customer discovers a defect in workmanship, they must notify Aviation Solutions LLC promptly in writing and provide a detailed description of the issue. The Customer must return the engine to Aviation Solutions LLC for evaluation, and shipping charges will be the Customer’s responsibility. If inspection reveals that the defect is covered by the warranty, Aviation Solutions LLC will repair or replace the affected item at its discretion.
Warranty Exclusions: The warranty is void if the engine has been involved in an accident, subjected to misuse, neglect, or severe conditions, altered, or operated outside the manufacturer’s guidelines.
Borescope Inspections: Aviation Solutions LLC disclaims any warranty related to the results of borescope inspections due to the inherent limitations of the technology. Some damage may not be observable during these inspections.
Pre-Sale Inspections: Any pre-purchase or pre-buy inspections performed by Aviation Solutions LLC are for reporting limited observations only. These inspections do not imply approval of the engine or aircraft’s overall condition or airworthiness.
Exclusive Warranty: This warranty is exclusive and replaces all other warranties, including implied warranties of merchantability or fitness for a particular purpose.

7. LIMITATION OF LIABILITY

Time Limit for Claims: No claim against Aviation Solutions LLC shall be brought more than one (1) year after the completion date of the affected goods or services, regardless of when the Customer first used the product.
Exclusion of Consequential Damages: Under no circumstances will Aviation Solutions LLC be liable for any indirect, special, or consequential damages, such as loss of revenue, profits, downtime, or business interruption, even if the company was aware of the possibility of such damages.
Limitation on Total Liability: The total liability of Aviation Solutions LLC for any transaction, including warranty claims, will not exceed the amount the Customer actually paid for the affected goods or services.

8. LIEN, STORAGE, AND ENFORCEMENT

Lien Filing: Aviation Solutions LLC or its affiliates may file a lien with the FAA or relevant state authorities to secure payment for Customer obligations. The Customer agrees to sign documents necessary to perfect this lien.
Storage Fees: If Customer property remains at Aviation Solutions LLC facilities for more than 90 days after a rejected estimate or invoice, a storage fee of $200 per month for engines and a comparable fee for smaller parts may be charged.
Sale of Customer Property: If any outstanding obligations are not paid within 90 days after the due date, Aviation Solutions LLC may sell the Customer property to recover outstanding amounts. The Customer remains liable for any deficiency.

9. BREACH

The following actions by the Customer will be considered a substantial breach of their obligations:

Failure by the Customer to make full payment for any goods or services when due.
Failure by the Customer to accept products or services that conform to the agreed terms.
The filing of a bankruptcy petition by the Customer (whether voluntary or involuntary), initiation of any insolvency or bankruptcy proceedings, or a customer assignment for creditors.

If the Customer commits a significant breach, Aviation Solutions LLC may, in addition to any other rights or legal remedies, terminate its responsibilities under the agreement through a written notice to the Customer, without being liable for damages. The Customer will be liable for all costs incurred by Aviation Solutions LLC in enforcing its rights, including reasonable attorney's fees.

10. FORCE MAJEURE

Aviation Solutions LLC will not be held responsible for any delays or failures in performance caused by events outside of its control. These events may include, but are not limited to, natural disasters, government actions, civil disturbances, labor strikes, wars, terrorism, or the inability to procure necessary materials or services. In case of such events, the delivery or performance timeline will be extended by a reasonable amount of time.

11. GENERAL PROVISIONS

The cost estimates and charges provided by Aviation Solutions LLC for goods and services are proprietary and confidential. They should not be used or shared except in relation to purchasing from Aviation Solutions LLC.
The Customer represents that they own or have full authority to act on behalf of the owner of any property delivered to Aviation Solutions LLC.
Electronic signatures, including those via email or text messages from the Customer, will have the same legal validity as physical signatures.
The Customer agrees to comply with all applicable federal regulations and laws.
Unless explicitly agreed upon by an authorized officer of Aviation Solutions LLC, compliance with foreign laws and regulations is not guaranteed.
The Customer agrees not to solicit or hire any Aviation Solutions LLC employee for two years after the completion of services.
A waiver of any default by the Customer will not be considered a waiver for future occurrences or other defaults.
If any provision of these terms is deemed unenforceable, it will be amended to the minimum extent necessary for enforcement.
These Terms, including incorporated reference documents, represent the full and exclusive agreement between the Customer and Aviation Solutions LLC, overriding all previous discussions or agreements.
The validity and enforcement of these Terms, along with any disputes, will be governed by New Jersey law. Any legal proceedings will take place in the Court of Common Pleas of Cape May, New Jersey, or the United States District Court if applicable, with the Customer consenting to jurisdiction in these courts.