General Terms and Conditions

1. Conditions for Acceptance of Aeronautical Parts or Material in Serviceable condition or better and in As Removed Condition
   1. Any Aeronautical part will only be accepted when accompanied with export airworthiness certificate or authorized release certificate.
      Parts or material classified as “As Removed” will be accepted on a case to case basis and acceptance of these parts will be dependant upon incoming inspection and/or workshop report from Approved repair shop. IAS reserve the right to return any part that is classified as being Beyond Economical Repair to the supplier with the supplier being responsible for the return freight costs. In these cases IAS will be accorded a full refund for the purchase price of said unit
      Parts or materials classified as Dangerous Goods must be accompanied with a document stating UN class number as determined by the manufacturer plus relevant Safety Data Sheet.
      Authorised release certificates such as JAA / EASA Form One, FAA Form 8130-3, TCA Form 24-0078 provided with New Parts are to be signed on the left blocks. Right side blocks are reserved for release to service after maintenance performed by an Approved Maintenance Organisation.
      Certificates of Conformance will only be accepted on Standard Parts and when issued by the original Manufacturer.
      JAA / EASA Form One, FAA 8130-3 or TCA Form 24-0078 issued by approved or accepted Maintenance Organisations for NEW PARTS coming from their own stocks (stocks resale/surplus) are only acceptable when
      1. Parts or material traceability has first been demonstrated to IAS Quality Approval Department and has been accepted in writing.
      2. In addition authorised release certification must show “inspected” on Block 12 and indicate on Block 13 the name of the part / material Manufacturer reference and issue of maintenance approved data used to perform such inspection. Those authorised release certificates are signed on block 20 and not on block 15.
   2. PMA / Interchangeable Parts.
      These parts / material will only be accepted when the Vendor has, prior to delivery, delivered to IAS full Quality Documentation concerning PMA approval. Part numbers of delivered parts must be the same as ordered.
   3. Repair/Modification Services
      Repairs/modifications of components or parts shall be performed as requested on the Repair Order. Any deviation to the manufacturers’ Repair or Modification specifications shall be approved per applicable regulation and accepted by IAS
      Utilisation of spare “FAA PMA” parts during repair shall be subject to IAS formal prior approval, unless such parts were produced “under a licensing agreement” from the TC Holder.
      Subsequent subcontracting of repairs shall be subject to ÌAS formal prior approval.
      Components or parts repaired/modified by EASA Part-145 approved maintenance organisations shall be delivered with an Authorised Release Certificate (EASA Form 1 or equivalent) and with a Workshop Report
      Parts and Tools furnished by IAS to the Supplier for repair purpose shall be inspected by the Supplier before use. Such tools shall remain property of IAS, unless agreed differently, and shall be recorded, preserved, stored in suitable conditions and re-certified where applicable.
      Components and parts repaired/modified shall be preserved and packaged as per manufacturers’ recommendations, or at least ATA 300, before delivery to IAS.
      Additional specifications may be indicated on the Order.
2. General Provisions
   The Supplier shall not depart from these conditions without the prior written consent of IAS. These Terms and Conditions supersede and replace all previous General Terms and Conditions. These General Terms and Conditions shall prevail over the Suppliers General Terms and Conditions of Sale. The Supplier hereby renounces to invoke at anytime, any document in contradiction with any of the articles of IAS General Terms and Conditions of Purchase. The Supplier shall not at any time or under any circumstance claim any prior tacit agreement between itself and IAS.
3. Specification and Execution
   The Supplier has a duty of performance, the Technical Specifications of parts/material to be supplied must match that offered and ordered. The Supplier shall not assign or sub-contract either in whole or in part without the prior written consent of IAS.
4. Order
   To place an order IAS may use paper forms, telegram, fax or electronic format. The Supplier shall acknowledge the order no later than 24 hours after receipt of such order. Non – receipt of acknowledgement could result in a delay in payment.
   Fax: +49-4193-966060
   email address: ias@iasgermany.de
   Any queries and or problems concerning the order should be addressed to IAS in a written form and must include the IAS reference number.
   The Supplier upon acceptance of an IAS Purchase / Repair Order agrees as per EN9120 Paragraph 7.4.2 to allow the purchaser (IAS), the end user and all relevant Authorities access to their facility and documentation in accordance with any Purchase / Repair Order placed.
   IAS is to be informed within One Hour of goods leaving the Supplier of the shipping information. This is to include method of shipment, AWB No., a copy of the pack list and a copy of the bill of lading and name of Freight Company for shipments by truck.
   IAS to be faxed or emailed a copy of all relevant Quality Documentation (JAA / EASA Form One, Certificates of Conformity etc.) at the same time as shipping information sent.
   This is of critical importance when the supplier is shipping to an end user on behalf of IAS (ie: Drop Shipment)
5. Acceptance of Goods on IAS` Behalf
   Suppliers, who during the completion of the order receive parts that are necessary for the completion of said order as Third party recipient. I.e. parts ordered by IAS and shipped from a Supplier to their facility must inform IAS immediately upon receipt of said parts. IAS must be informed of Freight carrier, AWB and date of arrival. Copies of all accompanying Quality Certificates – FAA 8130-3, EASA Form One, Manufacturers Certificates of Conformance etc must be forwarded to IAS.
   Copies of the certificates
6. Price
   The Supplier guarantees that the price invoiced to IAS is no less favourable than the price granted to other any other purchaser for quantities comparable to or inferior to those ordered by IAS. All prices shall be firm, definitive and shall be set by the Supplier no later than confirmation of order. IAS shall be entitled to cancel the order within 3 business days if these prices are unacceptable to IAS.
7. Delivery
   1. Packaging:
      The Supplier will apply all current regulations of the regulatory authorities at the time of shipment and relevant to the compliance and/or airworthiness documents which it hereby undertakes to affix to the shipment, packaging will be, as a minimum, in accordance with ATA 300 standard. The packing list shall in all cases be affixed to the package on the outside with a copy of the packing list being enclosed inside with the goods as well.
      In those instances whereby goods are shipped from EU countries and are defined as being bonded IAS is to be informed in advance and all necessary Customs Documentation must be supplied to ensure that the Customs process can be completed
   2. Lead-time:
      The lead-time quoted and accepted is the essence of the order. Lead-time is understood to mean the time required for Supplier to deliver to IAS designated delivery address. No amendment to lead-time or late delivery will be accepted without prior written approval of IAS. Should the Supplier deliver late without prior authorisation of IAS, can in certain cases apply liquidated damages. These damages shall amount to 1% of total order value per day of late delivery up to a maximum total of 30% of total order value exclusive of VAT.
      IAS shall also be entitled, by simple notification, to cancel the order with no compensation to the Supplier and to appoint, at its convenience, any other Supplier. IAS shall be entitled to compensation for any damage suffered.
8. Invoicing, Payment
   Payment shall be made upon presentation of an Invoice submitted in (4) four Copies, all Invoices must detail the Order Number, the item number, the delivery note, the place of delivery plus any further information currently required by law in the country of issuance of material or services.
   For all European Suppliers the invoice should also reference their VAT number in the relevant European format, including Country Code. Each invoice shall be sent to IAS and correspond exclusively to one order. Invoices will be paid within thirty (30) days from receipt of the invoice and after confirmation that the supplies have been duly delivered unless otherwise agreed and stated in legal or contractual provisions. Invoices not complying with these requirements may be sent back to the originator. In the event of an early delivery without the prior consent of IAS payments will be made in accordance with the lead time specified on the order.
9. Inspection on delivery
   Receipt of the supplies is subject to acceptance by IAS in accordance with the order. Such acceptance of the supplies by IAS shall be without prejudice to the application of the legal and/or contractual warranty in the event that the supplies do not conform to the order. IAS may refuse delivery and request replacement free of charge or it may also accept the delivery in return for a deduction or may cancel all or part of the order with the reimbursement of the sums already paid and expenses incurred and may claim compensation. Any and all rejected supplies must be taken back by the Supplier at its own expense and risks within eight (8) days, failing which the supplies will be warehoused at the Suppliers expense.
10. Warranty
    The Supplier warrants to IAS for a period of twelve (12) months after receipt of the supplies, that the supplies are free of any design, material, manufacturing or operating defects, in conformity with the descriptions, specifications, plans or samples, and correspond to the planned destination and use. The present warranty included but is not limited to repair or Replacement free of charge of the defective supplies, the round trip transportation for repair or replacement including packaging and insurance. The repaired or replacement supplies shall benefit from the residual warranty which shall not be less than three (3) months.
11. Liability
    The Supplier shall be responsible for any damage of any nature whatsoever arising out of directly or indirectly the performance or non-performance of these obligations and which may occur during the performance of the supplies or after delivery to IAS. (hereinafter the “DAMAGE”) In order to cover such risks the Supplier shall take out sufficient and appropriate insurance to cover the liabilities resulting from its activities and contractual undertakings.
    The Supplier undertakes to supply IAS, at its first request with a valid insurance certificate. The Supplier and its Insurers undertakes to indemnify IAS, its Directors, its Employees, its Agents, its Subcontractors and their respective Insurers from and against any claims and recourses from any third parties (including the Employees of the Supplier) for any Damage. The Supplier and its Insurers shall hold IAS, its Directors, its Employees, its Agents, its Subcontractors and their respective Insurers harmless for any damage caused to the Suppliers property and to its Directors, its Employees, its Agents, its Subcontractors or third parts, except in the case of gross negligence or wilful misconduct of IAS.
12. Intellectual Property
    The Supplier assigns to IAS all of its intellectual property rights for any work performed under an order. The Supplier guarantees IAS against all claims based on infringement, unfair competition or any other irregular use of third-party knowledge. All elements supplied by IAS for the performance of this order shall remain the exclusive property of IAS. Such elements shall not be used, copied or assigned to third-parties.
13. Transfer of Ownership – Risk
    Transfer of ownership and risk with respect to the supplies shall take place, in accordance with INCOTERMS 2000 and as specified on the relevant Order placed by IAS.
14. Termination
    IAS shall be entitled, without need to judicial recourse, to cancel any order without notice in the event of the supplies proving to be defective, or are not delivered within the specified deadline, or in the event of the Suppliers established insolvency. In such cases it shall be the responsibility of the Supplier to organise at its own expense and risks the return of any supplies already delivered to the location designated by IAS but not accepted for delivery by IAS.
15. Confidentiality
    The order shall not give rise to any publicity unless previously agreed to in advance with IAS.
16. Dispute
    Any dispute that may not be settled amicably within one (1) month as from the date of the notification of the dispute shall be referred to the exclusive jurisdiction of the closest relevant Judicial Authority in Germany, to which jurisdiction is granted even in the case of several defendants or introduction of third-parties. In all instances German law shall be the governing law.
17. Address Data
    
    IAS Germany
    Industrial & Airborne Systems Handelsgesellschaft mbH
    Heidekoppel 27  ·  D - 24558 Henstedt-Ulzburg
    Phone +49 (0) 4193 / 96 60-0  ·  Fax +49 (0) 4193 / 96 60-60
    E-Mail: Please use our Contact Form.
    
    Managing Director: Dr. Uwe Blöcker
    
    Index Court: Amtsgericht Norderstedt
    Index No.: HRB 4957 NO
    Value Tax No.: DE 118556117