Content

Standard Terms of Trade

1. GENERAL

These General Terms and Conditions of Training Services (hereinafter the “General Terms”) apply to all training services (excluding online training) provided by UAB “FL Technics” (hereinafter – “FLT”). Customer's Standard Contract Terms and Conditions are not applicable. Deviations from these General Terms need to be agreed in writing.

Pursuant to Commission Regulation (EU) No 1321/2014, the Civil Aviation Administration of the Republic of Lithuania approved FLT as Part-147 maintenance training organisation.

FLT reserves the right to change, modify, add or remove these General Terms at any time without prior notice.

 

2. CONCLUSION OF CONTRACT

FLT issues a written offer (hereinafter – the “Offer”) upon preliminary negotiations with customer. The offer contains a service description, quotation and a registration form as contract documentation. The acceptance of the offer is effected by returning to FLT a duly signed registration form which contains all relevant elements. Acceptance of the Offer shall be treated as acceptance of these General Terms. Accepted Offer together with these General Terms shall constitute the whole contract (hereinafter – the “Contract”)

 

3. TERMINATION OF THE CONTRACT BY CUSTOMER

Customer may terminate the Contract by written notice to FLT until the fifth day before course start. The termination notice may be made with respect to the entire Contract or to individual participants. In case of such termination, FLT may, in its sole discretion, charge cancellation fees. The amount of these fees depends on the time of receipt of the cancellation notice as follows:

 

Full days between receipt of cancellation notice and course start Cancellation fee in % of the pro rata
Contract price
20 days or less 100%
30 – 21 days 50%
44 – 31 days 25%
45 and more None

 

Any costs incurred by FLT in preparation of the agreed service will be charged to customer but will be limited to a maximum of the contract price minus any applicable cancellation fee.

 

4. DELAY OF THE COURSE

If, due to force majeure or other reasons beyond FLT's reasonable control, the course cannot be performed at the agreed date, or can only be performed with unreasonable economic effort, then the course will be performed on the next possible date agreed. The same applies in case of illness of the instructor.

Customer may terminate the Contract without any cancellation charge if, due to the delay, the service is no longer of interest for customer. In case of such termination, any fees paid by customer will be refunded. Any other claims shall be excluded.

 

5. TERMINATION OF CONTRACT BY FLT

In case FLT has declared a specific training program to be subject to a minimum number of participants, FLT may terminate the Contract if such minimum number is not reached. In such case, customer will be notified two weeks before course start at the latest. Any training fees paid by customer will be refunded. Any other claims shall be excluded.

The same shall apply in case the training cannot be performed due to force majeure or other reasons beyond FLT’s reasonable control. Notification will be made without undue delay.

 

6. PERFORMANCE

Customer is responsible for compliance with any requirements for participants' qualifications. The requirements for participation as set forth in the training programs shall apply. A replacement of trainees is acceptable.

Training will normally take place at the FLT training premises in Vilnius. In case another training location is agreed upon, customer will be responsible for procuring an adequate training infrastructure in co-ordination with FLT. The Customer confirms that it has no objection to making possible the auditing process by FLT Quality or LR CAA and will give access to the training rooms and other facilities required (before the training), to assess if the training facilities meet FLT training standards.

Daily schedules of training will correspond with the customary working hours at FLT's. FLT is responsible for performing the training. FLT reserves the right to let the training be partly or wholly performed by duly qualified third parties in FLT's name. Under all circumstances, certification will be effected by FLT.

If a successful completion of the training requires any exam, the exam will be made according to the applicable FLT rules, unless otherwise agreed. FLT does not warrant that the participant will reach the intended training level, nor does FLT warrant that a participant will pass the exam.

 

7. SERVICES, PRICES, TERMS OF PAYMENT

Applicable value added tax will be charged for services performed.

The agreed total price shall be due and payable without deduction upon receipt of an invoice and within such delay as specified in the invoice. Invoicing and payment will be made not less than 10 (ten) business days before commencement of Training. Customer agrees to pay any fees and charges, which are not required to be paid in advance within ten (10) days following receipt of an invoice. Customer shall pay 0,1% interest charge of the delayed amount for each day of delay. Payments shall be made in EURO, unless otherwise agreed by parties. Bank details will be specified in the invoice. Payments shall be made at customer's cost and risk.

Training course certificates are issued only after full payment.

FLT will not bear any of the participants' travel expenses. In case the training (at the request of customer) does not take place at FLT training premises, customer will bear the trainer's travel expenses (traveling time, daily allowance, booked business class air ticket, reasonable accommodation costs, rental car for local transport) and all other costs arising from the training location (e.g. freight costs).

Customer is responsible for the participants' health and accident insurance.

 

8. LIABILITY / SAFETY RULES

FLT shall not be liable for any kind of damage arising directly or indirectly out of or in connection with the performance or non-performance of the training, unless such damages have been caused by the gross negligence or intent of FLT's or its directors, officers, employees and agents. Customer shall abide by the relevant safety and accident prevention rules applicable for trainings within FLT and its affiliates. For the avoidance of doubt, the Parties expressly agree and understand that FLT shall not be liable for any malfunction, defect or damage to the aircraft / engine or other equipment arising directly or indirectly out of or in connection with the performance of the training, caused by Instructors or participants of the training and Customer hereby releases FLT from and indemnifies against any and all liability, and forever waives any and all (including those of third parties) claims, causes of action, charges, damages, and demands of any kind whatsoever, unless Customer proves that such damages have been caused by gross negligence or willful misconduct of the Instructor. Customer will hold harmless and indemnify FLT from and against any claims brought by third parties in connection with the Contract, unless such claims are due to FLT’s gross negligence or intent.

Notwithstanding anything to the contrary contained in this Agreement, in no event, whether in contract or tort, as a result of breach of Agreement, statutory duty or warranty, as a result of misrepresentation, restitution, product liability, patent infringement or otherwise, FL Technics will be liable for any loss of profit, loss or damage of goodwill, loss of use, loss of revenue, loss of contracts, increased costs and expenses, wasted expenditure, loss of sales or business, loss of business opportunity, loss of anticipated saving, loss or corruption of data or information and/or for any and all special, consequential, incidental, resultant or indirect damage or punitive or exemplary damages.

9. COPYRIGHT

Customer and training participants may not copy licensed material or make it accessible to third parties without FLT's prior written consent. "Licensed material" is any kind of FLT training documentation and according software made available.

 

10. CONFIDENTIALITY

The Contract shall be treated as confidential by both Parties.

 

11. APPLICABLE LAW, JURISDICTION

The Contract (and these General Terms) shall be governed by the laws of the Republic of Lithuania. Any dispute or difference arising between the Parties hereto as to the construction of the Contract/General Terms or any other matter or thing arising hereunder or in connection therewith shall in the first instance be settled by the Parties in good faith through friendly negotiations. Failing such settlement, the Courts of Lithuania shall settle such disputes in accordance with Lithuanian law.

 

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