Islander Aviation LLC Terms & Conditions
These Terms and Conditions accompany the Shop Order or Quote provided by Islander Aviation LLC (“Islander Aviation”) to the Customer (i.e., any owner, operator, lien holder, lender, member, manager, officer, director, employee, lessee, lessor and insurer of the Aircraft).
General Terms and Conditions
1. Authority to Execute
The person signing this agreement ("Customer") has actual authority, as owner of the aircraft or authorized agent for the owner of the aircraft, to authorize Islander Aviation to undertake and perform all repair services requested, contemplated, or deemed necessary for the aircraft. When applicable, all references to Customer noted in this contract include the owner of the aircraft.
2. Scope of Repairs
Repair and maintenance services include, but are not limited to, the furnishing of labor, parts, materials, components, appliances, and supplies for the purpose of repairing, restoring, replacing or upgrading the component or aircraft and any items located thereon or attached thereto. A 6.0% consumable fee will be charged to each work order to cover miscellaneous materials. Repair services do not include freight charges, fuel, ramp fees, flight costs, applicable taxes, hazmat fees, and any applicable government fees, which may also become due and payable.
3. Return to Service Dates and Times
Islander Aviation will make every effort to meet and exceed its estimated completion date and time. The return date or time is considered to be only an estimate and is not a legally binding obligation. Islander Aviation shall not be held liable for any damages, fees, penalties or costs incurred as a result from delay in returning the Aircraft to Customer due to causes beyond its control, including but not limited to parts availability, weather, strikes, lockouts, machinery breakdowns, acts of God, acts of terrorism, war, or government regulations.
4. Payment Terms
Payment Schedule: 50% deposit on labor and 100% deposit on parts/OSRs upon acceptance of estimate; 100% deposit on all inspections; additional 25% of estimated project total at midpoint of work; for longer projects, progress billing will be sent as work progresses; balance due upon completion before release of aircraft. Payment Methods: Checks (payable to Islander Aviation LLC), Zelle (provided on request), ACH (provided on request), Wire (provided on request), Credit Cards (3% convenience fee, limited to $5,000 unless prior arrangements approved by management). Credit Card Agreement: credit card payments are irrevocable; Customer agrees not to cause any action to rescind, cancel, make invalid or dispute any charges or payments made by credit card to Islander Aviation.
5. Late Payments
Customer's failure to make full payment before or upon release of Aircraft shall result in loss of Islander Aviation's discounted labor rates, recalculated at full premium labor rates. Amounts outstanding after 7 days bear interest at an annual rate of 18%, compounded at 1.5% per month or any fraction thereof.
6. Storage Fees
May apply if payment delays extend beyond reasonable business timeframes: Single engine piston, $200/24-hr period; Twin engine piston, $300/24-hr period; Turboprop, $500/24-hr period; Jet, $1,000/24-hr period. Applied at management's discretion.
7. Facility and Fuel Charges
Facility fees may apply while working on the aircraft or awaiting parts/supplies. Fuel charge: up to 50 gallons may be used for operational/maintenance purposes, billed at prevailing rate + 10% surcharge.
8. Customer Supplied Parts
15% handling fee on list retail price; no warranty provided on customer-supplied parts; must include approved documentation prior to installation; cores are customer's responsibility once returned.
9. Right of Possession and Lien
An express mechanics lien is acknowledged on the aircraft to secure repair amounts. Islander Aviation may maintain possession of the component, aircraft, and original logbooks until full payment is received, then releases them to the customer or designated person in writing.
10. Lien Enforcement
If Islander Aviation releases the aircraft prior to full payment, Customer waives any right to contest the validity of any mechanic's lien recorded under Florida law. Islander Aviation may still retain original logbooks until full payment.
Warranty Provisions
11. Labor and Parts Warranty
Repaired units: 30 days from return-to-service date. Overhauled units: 90 days. Conditions: customer must provide installation date, hours in service, defect nature, etc.; warranty void if signs of abuse/alteration/broken seals/improper installation; claims must be made within 90 days of aircraft release; rework at Islander Aviation's facility covered in full, rework elsewhere is customer's expense.
12. Warranty Limitations
Limited to repair, replacement, or refund of purchase price at Islander Aviation's discretion. Expressly in lieu of all other warranties, express or implied, including merchantability or fitness for purpose.
Additional Provisions
13. Pre-Purchase Evaluations
Require 100% of the work scope paid prior to starting, due to change in aircraft ownership. Both buyer and seller receive a discrepancy list with corrective-action estimates upon completion.
14. Aircraft Contents and Inventory
For a fee, Islander Aviation can inventory aircraft contents; otherwise not responsible for items left in the aircraft.
15. Test Flights and Additional Work
A post-maintenance test flight may be necessary, may incur additional charges. Any work not specifically described in the original work order (hidden damage, change orders, etc.) is billed at the hourly rate.
16. Attorney and Collection Fees
Customer agrees to pay all court costs plus reasonable attorney/collection agency fees if collection action is required, whether or not suit is filed, including on appeal.
17. Limitation of Liability
ISLANDER AVIATION'S LIABILITY ON ANY CLAIM of any kind, including breach of contract or warranty or for negligence, for any loss or damage arising out of this agreement shall IN NO CASE EXCEED THE PRICE allocable to the work which gives rise to the claim. Customer expressly waives and releases Islander Aviation from any claim for special, incidental or consequential damages including, but not limited to, loss of use, revenue, profit, or business opportunities, even if Islander Aviation was advised of the possibility of such damages.
18. Waiver of Jury Trial
THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY AND ALL RIGHT THEY MAY HAVE TO A TRIAL BY JURY in respect of any litigation arising in connection with this Agreement. Each party certifies that no representative of the other party has represented that they would not seek to enforce this waiver provision.
19. Jurisdiction and Venue
Disputes resolved in the civil courts of Palm Beach County, Florida. Governed by Florida law.
20. No Bailment
No bailment is created by Islander Aviation's possession of the aircraft. Customer bears the risk of loss due to unforeseen hazards; Islander Aviation not responsible for loss/damage from fire, theft, or causes beyond its control.
21. Severability
If any section is unenforceable, void, or illegal, the remainder stays in full force and effect.
22. No Waiver
Failure to immediately enforce any provision does not waive the right to enforce it later; acceptance of partial payments does not waive the right to collect full amounts due.
I hereby authorize the above repairs to be performed along with the necessary material, and grant Islander Aviation LLC and/or its employees permission to operate the aircraft for the purpose of testing, inspection and/or delivery.
These Terms and Conditions are accepted and approved.