EFTA00599260.pdf

Rolls-Royce 9500 Cote de Liesse Lachine ( Quebec ) H8T 1A2 Aryryllayryr Try Rolls-Royce Canada Limited ('RRC ) ENGINE DATA Customer's name: JEGE, LLC Engine type: TAY Address: 3800 Southern Blvd. Suite 204, West Palm Beach FL, 33406 Mark: 611-8 Requested by: Larry Visoski Tel I.JH Engine S/N: 16291 NC Type: GIV TSN TBA NC SiN: 1085 CSN TBA Tail no: N212JE R/H Engine SIN: XXXXX Location: BOK or PBI TSN TBA Workscope: UH FAN CLOCKING 180, FAN TRIM BALANCE TEST # 9 CSN TBA Date: TBD Personnel: 1 Technicians + 1 FSR O RATES - OTV. - 'SUB- OTA TRAVEL FLAT FEE $125.00 32 $4.000.00 Rate (hour $125.00 24 S3.000.00 "'NOTE THAT YOU WILL ONLY BE FSR FEE $1,250.00 2 $2,500 00 INVOICED FOR THE COST a Air Fare $850.00 2 $1,700.00 INCURED TO SUPPORT — b Car rental $50.00 3 $150.00 c Accommodation 5150.00 6 $900.00 Per Diem $60.00 8 $480.00 1 $0.00 Misc.+ Shippping tee $1,000.00 1 $1,000.00 Administration tee on a.ta,c 1 $137.50 TOTAL USD: S13,867.50 This Cost Estimate for Field Support Services is solely based on the information pervided and Field Support Services requested by Customer This Cost Estimate is subfect to Rolls-Royce Standard Conditions for the Sale of Field Services Terms and Conditions ( FSTC ) and or RRC's Rental Agreement. atached hereto provided Customers acceptance of this Cost Estimate is received by RRC. Date: 30-Jun-15 Compiled by: A.Taillon RRC Customer Field Support FAX: 514.828-1736 Date, \ Ltd Crilatioor For_ i‘.(ad_A -41( ()Sigh T By: Your Purchase Order No.: 2-1/O7O CU0I Please sign and return wan your P 0 As ACCEPTANCE OF COST ESTIMATE FOR FIELD SUPPORT SERVICES Customer hereby agrees and accepts the provisions of this Cost Estimate. including all of Rolls-Royce Canada's E Field Services Terms and Conditions ('FSTC`) attached hereto and which form an integral part of this Cost Estimate as if recited al length. EFTA00599260  Rolls-Royce Canada Limited ("RRC") Field Support Terms and Conditions ("FSTC") 1.- Definitions - In these FSTC. the following terms United States tU S I dollars. to the account stipulated by Assignment shall mean the period of time during which RRC, in full, without any set-off, counter-claim or deduction MRP or FSR is requested to support a Customer and begins whatsoever Payment shall only be deemed to have been when MRP or FSR departs to Designated Premises as made upon receipt of funds by RRC Invoices unpaid after defined hereunder and ends when MRP or FSR arrives to the due date will be subject to an annual interest charge at his original point of departure or if assigned to another the rate of the Canadian prime rate announced by RRC's customer when he departs from Designated Premises as prime financial institution on the date such payment was due the case may be plus four percent (4%) computed daily, together with all Designated Premises shall mean the Customers facility associated costs. including legal fees or premises or any other location, as designated by Customer where the Services shall be performed 5 Cancellation or suspension of Field Support — Field Service Representative ("FSR") shall mean a RRC Customer shall notify RRC in writing at least three (3) days employee based at RRC's facility in Montreal. Quebec. prior to an Assignment should he elect to suspend or cancel Canada. authorized to perform technical functions. trouble his request for Field Support In case of a notification for shooting and write work instructions on behalf of RRC suspension, Customer shall indicate the estimated period of Laid Down Costs shall mean the costs incurred by RRC suspension RRC shall be entitled to recover Laid Down including but not limited to. suppliers and subcontractors Costs incurred prior to the receipt of Customer's notification invoice charges. transportation. insurance travel expenses. as a result of such suspension or cancellation hotel accommodation. car rental per diem allowance and any non recoverable sales. use. value-added or similar taxes. 6 Taxes - RRC's prices are exclusive of any duties. impost. surtax, fees and like charges associated with applicable taxes shipping. and import duties Any and all these costs to provide Services state and local sales. use. excise. privilege. and similar taxes Mobile Repair Party ("MRP") shall mean a RRC imposed on RRC or which RRC has a duty to collect in employee based at RRC s facility in Montreal. Quebec. connection with the performance of Services will appear as Canada. authorized to perform his duties offsite RRC s separate items on the invoice and are the responsibility of facility the Customer If Services are exempt from such taxes. Services shall mean work performed by MRP or FSR Customer shall provide RRC with proper documentation required by law 2. Sole terms and conditions - Subject to availability. RRC agrees to provide Services to Customer 7 Delays in performance of Services - RRC shall under the FSTC stated hereinafter Notwithstanding any not be liable for delays in performance of Services due to terms and conditions which may appear on Customers acts of God. accidents. strikes. fire. governmental controls request for Services or purchase order or any terms and delays in transportation and any other cause beyond RRC's conditions which may have been specified by Customer in reasonable control. including inability to obtain or delay in any other form or manner, these FSTC are, unless RRC obtaining suitable labor or materials required to perform the expressly agrees in writing to the contrary the sole basis Services The time to perform Services so delayed shall be governing RRC s performance of Services extended by a period equal to the duration of such delay Without in any way limiting the generality of the foregoing. 3. Work conditions - RRC shall in no event be liable for any damage or for loss of use or for loss of profits arising from any delay in performing 31 Customer shall provide a safe clean work the Services environment which complies with all applicable local state and federal laws 8 Right to subcontract - RRC shall have the right to subcontract all or part of Services 32 Customer agrees to apply the most suitable emergency procedure to care for any injury to MRP or 9 Inspection and warranty • All Services provided FSR while on Designated Premises and to notify RRC at by RRC hereunder shall be promptly inspected and the earliest opportunity accepted upon completion of Services thereof and prior to MRP or FSR leaving Designated Premises RRC warrants 33 Customer shall obtain any local working permits to Customer that the Services will be performed in a and security clearances. if required competent and diligent manner and in accordance with generally accepted standards for such Services RRC's 4. Charges price and payment Terms - Charges obligation expressed in the foregoing is subject to and prices applicable to Services are specified in RRC's cost Customer having immediately suspended operation of the estimate for Field Support established before the equipment after discovery of a defect in RRC s Services performance of Services Said cost estimate may be performed hereunder and having taken due precautions to amended to reflect the actual charges and prices Of the prevent or limit any potential subsequent damages that Services once the Assignment is completed In addition could result from such defective Services This warranty is Customer shall pay RRC all Laid Down Costs Customer will valid for ninety (90) days following completion of Services be invoiced upon completion of Assignment and payment is and does not extend nor modify RRC's standard warranty due upon receipt of invoice Payment shall be made in on parts provisioned through RRC which is subject to Rev 20031118 S 0 229 1 This document is Rolls-Royce Canada Limited's confidential proprietary info on. It may not be altered copied or communicated without Rolls-Royce Canada Limited's or written approval. a EFTA00599261  Rolls-Royce Canada Limited ("RRC- ) Field Support Terms and Conditions ("FSTC") RRC's parts warranty stipulated in RRC s Standard Terms demand by Customer, its directors officers. employees and Conditions for the Sale of Spare Parts ("STCSSP') nor representatives agents. assignees licensees and invitees RRC's standard warranty for repair and maintenance work or by any third party. excluding employees of RRC, ansing performed by RRC. which is stipulated in RRC s Standard out of or related directly or indirectly to Services. including Terms and Conditions for the Repair and Maintenance but not limited to claims for injury to Or death of persons Services for Tay 611.8 Spey 511-8 and BR700.710 damages to property (including damages for loss of use Engines ("STC) if applicable thereof). and attorneys fees costs and expenses incidental thereto save and except for such liability claim or demand All claims for defective Services shall be made in writing resulting from the sole gross negligence of RRC Customer immediately upon its discovery and in any event within shall indemnify and hold RRC harmless from any and all ninety (90) days from the date of the completion of said losses. costs. fines. penalties or assessments. including Services Defective work shall be held for RRC's attorney's fees. for any alleged violation of the applicable inspection Upon submission of a claim and substantiation local. state and federal laws referred to in Section 3 of these thereof. RRC shall at its option by way of repair or FSTC or from any injury to or death of MRP or FSR, as a replacement rectify the defective Service which is shown result of any alleged violation of the aforesaid laws to the reasonable satisfaction of RRC to be a direct and immediate consequence of RRC's faulty workmanship and 13. Independent Contractor - MRP and FSR shall not the performance of corrective Services will be warranted by under any circumstances and at any time. be considered as RRC provided however that the foregoing shall not serve employees of Customer nor act as agent or representatives to extend this warranty beyond one hundred and twenty of Customer (120) days from performance of the original Services 14. Amendment - Provisions of these FSTC shall not 10. Insurance - Customer represents that he has in force be amended in any manner except by a written document and will maintain, during Assignment an insurance expressly stating to amend these FSTC duly signed by RRC coverage for Comprehensive General Liability. Premises and Customer and Operations. Contractual Liability, Products and Completed Operations for an amount of one million United 15. Law - These FSTC shall be governed by and States (U S ) dollars (51 0O0 000 U S ) per occurrence and interpreted in accordance with the laws of the Province of an insurance coverage for Comprehensive Aviation Legal Quebec. Canada The parties hereto agree to exclude to the Liability. including without limitation general third party legal extent applicable. the United Nations Convention on liability cover (including war risk) and without limitation contracts for the international sale of goods (Vienna bodily injury personal injury and properly damage for Convention) The parties agree to give jurisdiction to the passengers and third parties and also include products courts of Quebec. in the district of Montreal for any and all liability (excluding manufacturer's product liability) in an claim arising with respect to the cost estimate for Field amount of fifty million U S dollars (550 000.000 00 U S ) Support 11. Liability • Customer accepts liability for all nsks of loss or damage to any tool owned or possessed by RRC while 16. Language - RRC and Customer confirm that it is at Customer's facility or at the Designated Facility. and for their express wish that RRC's cost estimate for Services any and au injury including death, to any RRC's employee these FSTC hereof and any document or notice related during the performance of Services hereto be written in English The following is the French translation of the preceding -•RRC et le client conferment quit Limitation of liability - THE WARRANTY ABOVE est de leur volonte expresso que la soumission de RRC les STIPULATED IS EXCLUSIVE AND IN LIEU OF ALL modalites et conditions standards contenues aux presentes OTHER WARRANTIES EXPRESSED. IMPLIED OR ainsi que toute correspondence ou avis s y rapportant soient STATUTORY INCLUDING ANY IMPLIED WARRANTY OF rediges en anglais " MERCHANTABILITY WITH RESPECT TO SERVICES UNDER NO CIRCUMSTANCES SHALL RRC BE LIABLE FOR SPECIAL. INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES. NOR FOR LOSS OF ANTICIPATED PROFITS. LOSS OF USE OF EQUIPMENT OR ANY INSTALLATION. SYSTEM OR FACILITY OF CUSTOMER IN WHICH THE SERVICES CONTRACTED HEREIN ARE PERFORMED 12. Indemnification - Customer shall defend. indemnify and hold RRC. it s directors. officers. employees representatives agents. assigns. licensees, and invitees harmless from and against any and all liability claim or Rev 20031118 S O 229 2 This document is Rolls-Royce Canada Limited's confidential proprietary information. It may not be altered copied or communicated without Rolls-Royce Canada Limited's prior written approval. EFTA00599262