BY USING THE SERVICES ARRANGED BY KANSAS JET CENTER LLC, YOU ACKNOWLEDGE THAT THEY ARE GOVERNED BY THE FOLLOWING GENERAL TERMS AND CONDITIONS (“GTC’s”).
1. Construction
Kansas Jet Center LLC (“KJC”), whose Services have been contracted for in accordance with the terms and conditions set forth in this document.
“You”, “Your”, and “Customer” shall refer to the entity for whom the Services are being requested.
“Party” and “Parties” shall refer to KJC and Customer, individually or collectively as required.
“Airport” shall refer to Manhattan Regional Airport, Manhattan, KS.
“Aircraft” shall refer to the aircraft for which Services are requested.
“Services” shall refer to any products and services provided and/or furnished by KJC to Customer.
2. Disclaimer of Warranties
Warranties on any product or service sold and/or provided hereunder are those made solely by the manufacturer. KJC hereby expressly disclaims all warranties, either express or implied, including any implied warranty of merchantability or fitness for a particular purpose. KJC neither assumes nor authorizes any other person to assume for it any liability in connection with the sale of its products or Services.
3. Indemnification
Customer agrees to fully indemnify, save and hold harmless KJC, its subsidiaries, affiliates and parent company and the Airport from and against all claims, suits, damages, fines, penalties and actions, including reasonable attorney’s fees, costs and all expenses and fees incidental to the investigation and defense of any claim (collectively, “Damages”) arising out of KJC’s acts or omissions, or the act or omissions of its directors, officers, employees, agents or assigns, except to the extent such Damages arise from the gross negligence or willful misconduct of KJC.
THE PARTIES HEREBY AGREE THAT UNDER NO CIRCUMSTANCES SHALL KJC BE LIABLE TO THE CUSTOMER FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, WHETHER IN CONTRACT OR TORT (INCLUDING STRICT LIABILITY AND NEGLIGENCE), SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF USE OR ANTICIPATED PROFITS, DIMINUTION OR LOSS OF VALUE, OR COSTS ASSOCIATED WITH SUBSTITUTION OR REPLACEMENT AIRCRAFT.
4. Force Majeure
Neither party shall be liable or deemed in default to the extent that performance is delayed or prevented for any reason beyond the reasonable control of either party. The party affected by any such delay or prevention of performance shall give prompt notice to the other and use its best efforts to remove the cause as promptly as possible. Force Majeure shall not relieve Customer of its payment obligations under these GTC’s.
5. Applicable Law
The parties will try to amicably resolve any dispute relating to these GTC’s and/or the Services within sixty (60) days from receipt of notice of a dispute by either party. If the parties do not timely resolve the dispute, Customer hereby (a) submits and consents to jurisdiction in the State of Florida for any action arising out of or in connection with these GTC’s and/or the Services; (b) waives any and all personal rights under the laws of any state to object to jurisdiction within the State of Florida; and (c) agrees that for any cause of action arising out of or in connection with these GTC’s and/or the Services, the exclusive venue shall be the courts of Miami-Dade County, Florida.
6. Insurance
By acknowledging these GTC’s, Customer represents to KJC that it currently maintains, from reputable insurance carriers, policies of aircraft and comprehensive general liability insurance with respect to its aircraft, operations and maintenance, as well as “all risk” type hull insurance on its aircraft and engines. In the event claims are also made against KJC’s insurance carriers, Customer’s insurance carriers shall provide primary coverage. Customer and its insurers waive their rights of subrogation in favor of KJC with respect to Damages arising from Services performed by KJC and/or the presence of the Aircraft or the Customer (or its, employees, crew, contractors, subcontractors, passengers, invitees, officers, directors, servants, or vendors) at the Airport.
7. Payment
Customer shall make all payments for delivery of any Services, including Fuel, sold pursuant to these Terms and Conditions and any invoices. The delivery of Services, including Fuel and related products, shall be stayed/tolled until such time as KJC receives full payment from Customer (in cleared funds), and KJC shall not be responsible for any damages, including (without limitation) consequential, incidental and/or special damages, to Customer caused by any delay in delivery of any Services and/or Fuel due to non-payment. Past due amounts shall accrue interest at the greater of 1.5% per month or the maximum rate allowed by applicable law. Waiver by KJC of any applicable interest charge or fee on any particular invoice or past due amount shall not be construed as a waiver by KJC of its right to impose such charge or fee on other or subsequent deliveries, invoices or past due amounts.
8. Default; Remedies
Customer shall be considered in “Default” pursuant to these GTC’s if Customer fails to make any payment to KJC when due. In the event of any Default hereunder, KJC shall have the right at KJC’s option, to relocate the Aircraft to any location at the Airport without notice. (Customer hereby waives any right or claim to recover damages from KJC relating to such towing, removal, storage, and relocation); In addition to the foregoing, KJC is entitled to all rights and remedies available to it at law or equity.
9. Relocation
Notwithstanding any provision of these GTC’s to the contrary, KJC shall have the right to temporarily relocate the Aircraft from time to time and the terms and conditions of these GTC’s shall apply with respect to such relocated space.
10. Towing
Unless otherwise agreed upon in writing, KJC shall have the primary responsibility to tow Aircraft. The Customer agrees not to undertake the towing/repositioning of the Aircraft.
11. Safety and Security
Customer shall comply at its own expense with all applicable security requirements, including, but not limited to, those of KJC, Federal Aviation Regulations (“FAR”), the TSA, the Airport and any Airport Security Program, all as amended from time to time. Customer shall take all action necessary or as directed by Airport to ensure compliance such requirements. If KJC or the Airport incurs any fines as a result of the acts or omissions of the Customer, Customer agrees to pay all such fines and penalties in accordance with its indemnification obligation set forth herein and to cure any security deficiency immediately. KJC and the Airport reserve the right to take whatever action necessary to cure any security deficiency if Customer fails to remedy the security deficiency promptly and to be reimbursed any and all costs and expenses associated with such action.
12. Security of Personal Property
Customer is at all times responsible for securing and locking the Aircraft, including but not limited to properly inspecting, approving, and attaching tie down ropes or chains. KJC’s performance of any Services or providing ropes, chains, or chocks does not constitute KJC’s acceptance of responsibility for the Aircraft’s overall security. KJC shall have no obligation to accept keys to the Aircraft, automobiles, or other vehicles. KJC shall not be responsible for the security of Customer’s personal property, including the Aircraft, and including but not limited to deliveries made to Customer. Customer acknowledges that any security or safety measures employed by KJC are for the protection of KJC’s own interests; that KJC is not a guarantor of the security or safety of Customer, its employees, guests, contractors or licensees, or of its property; and that such security and safety matters are the responsibility of Customer and the local law enforcement authorities.
13. Inclement Weather
Customer agrees to indemnify, hold harmless, release and defend KJC from any and all Damages arising out of any effects of inclement weather. Customer shall be solely responsible for any such losses, or it will look solely to its insurance coverage. Customer waives all rights of subrogation for itself and its insurance carriers.
14. Entire Agreement
Except as otherwise agreed upon in writing by the Parties, the GTC’s constitutes the entire agreement and all prior correspondence, memoranda, negotiations, or understandings (written or oral) and are merged into and superseded by these GTC’s.
15. Authority
You represent that you are fully authorized to enter into these GTC’s on behalf of the Customer and the Aircraft owner(s) and to bind the Customer and the Aircraft owner(s) to the terms and conditions set forth in these GTC’s.
16. Non-Waiver
No waiver by any Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the Party so waiving. No waiver by any Party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these GTC’s shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
17. Data Privacy
KJC uses Customer passenger and flight crew personal details to provide flight related services including facilitating passenger and flight crew entry into and exit from the country and the State of Kansas where the flight lands, or from which the flight departs. This necessarily includes handling information provided by Customer or its agent related to the passengers and flight crew passport and visa details, and if relevant, flight related health/access requirements and/or dietary/religious preferences or requests.
18. Trade Controls/Sanctions
Customer represents that Customer, the Aircraft and its owner(s)/operator, Customer’s passengers, origin, destination, and the purpose of route are not subject to sanctions, that the flight is being carried out in compliance with applicable trade controls, and that providing the Services will not cause KJC to be in violation of any trade controls or subject to any sanctions or other penalties. Trade controls include restrictions on: (i) transactions or other dealings with sanctioned countries/territories or sanctioned entities, individuals, or governments; (ii) exports, reexports, and other transfers of goods, software, and technology across borders, or to persons of other nationalities; and (iii) direct or indirect support of certain unsanctioned non-U.S. boycotts. Customer retains responsibility for compliance with all applicable trade controls. Any violation KJC discovers may result in immediate termination of the Services and may be reported to law enforcement authorities.
19. Severability
If any authority with proper jurisdiction determines that any provision is illegal, unenforceable, or invalid in whole or in part for any reason, all valid and enforceable provisions remain unaffected.
20. Security & Liens
Customer acknowledges and agrees that KJC may, in addition to all other rights and remedies set forth herein or in law or equity, invoke any and all statutory or equitable lien rights regarding the enforcement of KJC’s right to payment under this Agreement. Customer hereby authorizes KJC to file one or more claims of lien for: (a) the unpaid charges, (b) late fees at 18.0% APR from the date of the oldest unpaid Services, (c) aircraft title search fees, (d) registration and filing fees, (e) collection costs, and (f) attorney fees. These claims of lien may be filed against any aircraft for which: (i) Services are or were furnished, and (ii) charges were incurred and made to Customer’s KJC account. Customer represents and warrants that Customer either owns the aircraft for which Services and/or fuel are purchased, or is lawfully possessed of the aircraft with the owner’s express consent to purchase Services for the aircraft, such as those Services (including fuel) furnished by KJC.
21. Waiver of Jury Trial
THE PARTIES KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO JURY TRIAL IN CONNECTION WITH ANY LAWSUIT BROUGHT BY ANY PARTY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE GTC’s.