1. Definitions.
A. “Company” means Site Compliance Services.
B. “Client” means the person, firm or company placing
an order with the Company.
C.
“Goods” means any Goods,
services or materials provided by the Company as ordered by the Client.
2. Application. These Terms and Conditions apply to any provision of Goods by
the Company to the Client.
3. Formation of Contract. All Goods sold by the Company are sold subject to the Company’s
standard terms and conditions (as detailed below) which form part of the
Client’s contract with the Company.
4. Quotation. The prices, quantities and delivery time stated in any quotation
are not binding on the Company. Quotations should be construed as commercial
estimates only, of which the Company will make reasonable efforts to achieve.
5. Orders.
A.
Orders are placed when
an email confirmation providing complete information for Goods has been
received from a responsible representative of the Client company.
B.
All correspondence,
including acceptance of Company quotations, from Client or potential client
shall be reviewed and approved by Company prior to confirmation of order and commencement
of services.
6. Right to Sub-Contract. Unless otherwise agreed, the Company shall be entitled to
sub-contract all or any part of the work rendered for Client.
7. Timetable.
Because of
the nature of Goods rendered by Company, all Goods are performed at different intervals of
time. Company will endeavor to supply
the Goods requested within 48 hours after Client has provided all necessary
information to Company for Goods.
TIMETABLE DISCLAIMER:
COMPANY
WILL NOT BE HELD ACCOUNTABLE TO THE 48-HOUR COMPLETION OF GOODS WHEN
CIRCUMSTANCES OCCUR OUT OF COMPANY’S CONTROL, SUCH AS ELECTRICAL OUTAGES,
COMPUTER CRASHES, INTERNET OUTAGES, WEATHER, ACTS OF GOD, ACCIDENT, WAR, RIOT, LOCKOUT,
STRIKE, FLOOD, FIRE, DELAY IN TRANSIT, POSTAL DELAY, OR OTHER UNEXPECTED OR
EXCEPTIONAL CAUSE OR CIRCUMSTANCE.
A.
Search Ring Analysis. Company will endeavor to complete one (1) analysis within 48 hours of Company approval of
Client quotation acceptance apart from the Timetable Disclaimer statement
above.
B.
Preliminary Airport Evaluation. Company will endeavor to complete one (1) evaluation within 48 hours of Company approval of
Client quotation acceptance apart from the Timetable Disclaimer statement above.
C.
Federal Registration Number (FRN) Application.
Company will endeavor
to complete one (1) application
within 48 hours of Company approval of Client quotation acceptance apart from
the Timetable Disclaimer statement above.
D. FAA Initial Construction Application. Company will endeavor to complete one (1) application within 48 hours of Company approval
of Client quotation acceptance apart from the Timetable Disclaimer statement
above.
E.
FAA Supplemental Notice. Company will endeavor to complete one (1) application within 48 hours of Company approval
of Client quotation acceptance apart from the Timetable Disclaimer statement
above.
F. FAA Construction Completion Application. Company will endeavor to complete one (1) application within 48 hours of Company approval
of Client quotation acceptance apart from the Timetable Disclaimer statement
above.
G. FCC Initial Construction Application. Company will endeavor to complete one (1) application within 48 hours of Company approval
of Client quotation acceptance apart from the Timetable Disclaimer statement
above.
H. FCC Construction Completion Application. Company will endeavor to complete one (1) application within 48 hours of Company approval
of Client quotation acceptance apart from the Timetable Disclaimer statement
above.
8. Copyright. The Client acknowledges that the rights to the Goods are owned
by the Company and that the Goods are protected by the United States copyright
laws, international treaty provisions and all other applicable national laws.
9. Risk of Loss. The risk of loss or damage to the Goods shall pass to the Client
upon delivery of the Goods by the Company.
10. Payments. All invoices issued by the Company shall be paid by the Client
within the payment terms set in the Client Purchase Order or Company Quotation
unless otherwise agreed in writing by the Company. If an invoice amount is
disputed, the Client shall inform the Company of the grounds for such dispute
within seven days of delivery of the Goods and shall pay to the Company the
value of the invoice less the disputed amount in accordance with the payment
terms. Once settlement of the dispute has been agreed upon, any sum then
outstanding to the Company shall also be payable by the Client in accordance
with the payment terms. The Company
reserves the right to increase a quoted fee in the event that the client
requests a variation to the work agreed.
11. Cancellation. Cancellation
of Goods ordered by the Client will only be accepted on condition that any
costs, charges and expenses already incurred, including any charges that will
be levied by a sub-contractor on account of their expenses, work or
cancellation conditions will be reimbursed to the Company forthwith.
12. Delivery.
A.
The majority of Goods
and services supplied by the Company are submitted to the Client electronically
by email and shall be considered delivered when the email has been opened by
the Client.
B.
Products shipped by
Company or a third party shall be sent or delivered to the Client’s principle
place of business, unless otherwise specified by the Client, and shall be
treated as delivered upon receipt.
C.
The Company reserves
the right to substitute conventional delivery methods without notice or penalty
should electronic delivery prove inconvenient; in which case delivery by the
Company will be considered delivered when the materials are handed to the
custody of the Client at his premises or to a deputed messenger or courier when
posted. The Company will be entitled to charge the Client for any expenses of
delivery other than normal postage charges.
13. Notices. All written notices to be served on or given to the Client shall
be sent or delivered to the Client’s principle place of business, unless
otherwise specified by the Client, and shall be treated as delivered upon receipt.
14. Loss or Damage to Goods or Services Rendered. The Company will take all reasonable steps to ensure the protection from loss, damage or destruction of the services, Goods
or materials supplied to the Client (or which may be received from the Client).
15. Usage of the Services, Goods, or Materials. Unless otherwise agreed in writing by the
Company, the Client (and their clients) shall be entitled to use the services,
Goods and materials provided as follows:
A.
Electronic files,
Goods, analyses, and evaluations provided by the Company are provided to the
Client solely for the purpose of conducting an estimation of FAA and FCC
standards and should in no way be construed as fully and wholly interpreting
either agency’s rules and regulations.
B.
The Client shall bear
responsibility for ensuring that all usage of information contained within any
service is in accordance with, and does not contravene, any Data Protection or
other laws, regulations or other trade customs and practices. The Company bears
no liability for any omissions or faults in these respects.
16. Confidentiality. Both parties shall maintain strict confidence and shall not
disclose to any third party any information or material relating to the other
or the other’s business which comes into that party’s possession and shall not
use such information and material without written permission by the other
party. This provision shall not, however, apply to information or material
which is, or becomes, public knowledge by means other than by breach by a party
to this clause.
17. Employment of personnel. Subject to the prior written consent of the Company, the Client
shall not induce to employ, whether as an employee, agent, partner or
consultant, any employee of the Company directly associated with delivery of
the Goods.
18. Warranty. The Company warrants that it has the right to provide the Goods
but otherwise the Goods are provided on an “as-is” basis without warranty of
any kind, express or implied, oral or written including, without limitation,
the implied conditions of merchantable quality, fitness for purpose and
description, all of which are specifically and unreservedly excluded. In
particular, but without limitation, no warranty is given that the Goods are
suitable for the purposes intended by the Client.
The Company warrants that the Goods will be supplied using
reasonable care and skill. The Company does not warrant that the Goods supplied
are error-free, accurate or complete.
19.
Limitation
of Liability. The Company shall not
be liable for any claim arising out of the performance, non- performance, delay
in delivery of or defect in the Goods nor for any special, indirect, economic
or consequential loss or damage whatsoever arising or caused (including loss of
profit or loss of revenue) whether from negligence or otherwise in connection
with the supply, functioning or use of the Goods. Any liability of the Company
shall in any event be limited to the license fees paid by the Client in the
year in which the event of default arises.
Nothing herein shall limit either party’s liability for death or
personal injury arising from the proven negligence by itself or its employees
or agents.
The Client shall fully indemnify the Company against any
liability to third parties arising out of the Client’s use of the Goods.
20.
Governing
Law. These Terms of Trading
shall be subject to and construed in accordance with the laws of the USA and
the parties hereby submit to the exclusive jurisdiction of the USA courts.
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