Terms and Conditions

Airtime Paint

AIRTIME PAINT LIMITED

Standard Terms and Conditions of Trading

These terms and conditions apply between you, the customer and  Airtime Paint,  the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your acceptance of work to be undertaken. 

Definitions:-

“The Company” means Airtime Paint Limited.

“The Buyer” means the person, firm or company to whom the goods are supplied or for whom work is carried out subject to these conditions.

“The Goods / Service” means the items, goods or materials supplied by the company to the Buyer.

“Work done” means time spent / work done by preparers / painters / engineers / mechanics as specified in any invoices, quotations, or contracts.

 

  1. All orders are accepted, goods supplied, work done, and quotations submitted subject to the following express terms and conditions. No variation therefrom shall apply unless specifically agreed in writing by the parties. All other terms, conditions, warranties, or representations, express or implied, whether made before or at the time of or after the buyer’s order or instructions are, so far as permitted by the sale of Goods Act or unfair Contract Terms Act, hereby excluded.

 

  1. No estimate or quotation given by the Company constitutes an offer. No order is deemed to be accepted nor any contract made with the Company unless an acknowledgement of such an order or contract has been made with the Company to the Buyer and the right is reserved (without prejudice to any other remedy) to cancel an uncompleted order or to suspend delivery on the failure of any of the Buyer’s commitments with the Company. Upon such cancellation or suspension by the Company or in the event of cancellation by the Buyer, the Company shall be indemnified by the Buyer against any loss or damage resulting therefrom. The Company accepts no liability for failure to meet quoted delivery times which shall be treated as estimates only and such failure shall not entitle the Buyer to cancel or terminate any order or contract. Time shall not be the essence of this or any contract.

 

  1. The Company shall have a general lien on all goods for all sums due at any time from the Buyer and shall be entitled to sell the goods (subject to14 days’ notice in writing) at the expense of the Buyer and to use the net proceeds thereof in or towards payment of such terms.
    1. Title and ownership in the goods shall not pass to the Buyer until the full purchase price has been paid.
    2. The risk of loss or damage of the goods shall pass to the Buyer when the goods are collected from the Company’s premises or delivered to the Buyers premises.
    3. Where the Buyer defers despatch of the goods beyond the agreed collection or delivery date, the goods may be invoiced, and payment will be due by return thereafter.
    4. Where the Buyer sells the goods, beneficial interests of the Company shall attach to the proceeds of such resale or to any claim for such proceeds with prejudice to any further claim of title.
    5. Where goods are replacement parts, beneficial title and ownership of the Aircraft or equipment to which the goods are fitted remain with the Company until payment for the goods and any work done to the equipment is received.

 

  1. The Company shall accept no liability for any loss or damage arising by reason of the failure of goods or service to comply with any written estimates as to the performance thereof, provided that the Company shall be given reasonable opportunity to remedy any defect as to the estimated performance and in the event that such defect shall without prejudice to its liability hereunder give credit to or reimburse the Buyer for the cost of the goods on the return thereof to the Company.

 

  1. The descriptions, illustrations and material contained in any catalogues, price lists, brochures, leaflets, or any other descriptive matter represent the general nature of the items described therein, but neither they nor any verbal statement shall form part of any order of contract or amount to any representation or warranty.

 

  1. The Company gives no indemnity in respect of any actual or alleged infringement of patent, registered design, trademark, or rights effecting goods.

 

  1. No cancellation of orders or return of goods supplied will be accepted by the Company without its prior written consent and no retention by the Company of goods ordered or supplied shall be deemed to constitute an approval of cancellation or return nor prejudice any rights of the Company in respect of any order or contract relating thereto.

 

  1. (a) The Company shall be entitled at any time after acceptance of the order to require payment on account of work done and materials and parts provided (but not paid for by the customer) in or towards carrying out the order. If payment on account is not forthcoming, the Company shall not be bound to complete the order.

(b) If a contract or any part thereof shall become impossible or performance otherwise frustrated, the Company shall be entitled to reasonable remuneration for work done until the date of such impossibility of performance or such frustration.

(c) The Company shall be entitled to charge for the storage of the Buyer’s property or the property of any person for whom the Buyer acts as agent.

 

  1. Save as herein expressly provided, the Company shall not be liable to the Buyer or to any third party for any loss or damage suffered in respect of the goods and the Company shall be indemnified by the Buyer against all third-party claims made in respect thereof.

The customer indemnifies the Company against loss of or damage to any Aircraft or Aircraft Component the property or responsibility of the Buyer.

The customer indemnifies the Company against any loss of use of any Aircraft or Aircraft Component the property or responsibility of the Buyer.

The customer indemnifies the Company against loss of or damage caused by any Aircraft or Aircraft Component the property or responsibility of the Buyer dropped from any such Aircraft including claims in relation to loss of life or personal injury. 

           

  1. In the event of the Buyer’s order form or invoices containing or referring to special conditions, it is expressly understood that any condition of purchase imposed by the Buyer shall be binding only in so far as it is not at variance with or excluded by the Terms and Conditions mentioned therein which shall be deemed to govern the provisions of any contract of sale unless expressly repudiated in writing by the Buyer not less than fourteen days following the issue by the Company of an acknowledgement of sale or order.

 

  1. The Buyer hereby waives any and all existing and future claims and set-offs against any payment due hereunder and agrees to pay the amounts payable hereunder on the due date therefore regardless of any equity, sett-off or crossclaim on the part of the Buyer against the Company.
  2. The contract or order to which these terms relate shall be binding upon and insure to the benefit of the successors and assignees of the entire business and goodwill of either the Company or the Buyer, or of that part of the business or either used in the performance of such contract but shall not be otherwise assignable and the Company shall look solely to the customer for fulfilment of the Buyer’s obligations thereunder.

 

  1. These conditions and the contract to which this document relates shall in all respects be constructed and operate within the law of England and any dispute arising therefrom shall be referred to a single arbitrator, such arbitrator to be appointed jointly by the Company and the Buyer.

 

  1. No quotation shall be valid for more than 20 days from the date thereof and the company may at any time refuse to accept any order placed as the result of any quotation.

 

  1. (a) Prices quoted by the Company may be subject to increase to cover expenses incurred by reason of delay arising from the Buyer’s instruction or lack thereof.    (b) The Company reserves the right to invoice all goods at the prices prevailing at the date of despatch or collection notwithstanding that another price or other prices may have been quoted to the Buyer.                                                                                                         (c) Where, upon further investigation or examination, further work is required beyond that previously agreed by the Buyer, the Company will inform the Buyer and no further work will be carried out with the Buyer’s consent. In the absence of agreement or further instructions, the Company refers to paragraph 8 (b) of these Terms and Conditions.

 

  1. Unless otherwise provided in the quotation prices exclude Value Added Tax and any other tax which may apply at the time. In addition to the price quoted, the cost of carriage and packaging will be added at the time of invoice. Where payment terms are not stipulated, payment is due at time of delivery or installation. Invoices charged to previously arranged credit accounts are payable by return from the date of invoice. In any event, time of payment shall be the essence of the contract. In the event that the Invoice is not paid within ten days of the date of issue, the Company shall be entitled to charge interest at 5% above the current bank rate per annum on the outstanding amount from the date of invoice until payment.

 

  1. No condition is made nor implied nor is any warranty given or implied as to the life or wear of any goods (or work done to any goods). No condition is made nor implied nor is any warranty given or implied as to the suitability of the goods (or goods to which work has been done) for any particular purpose or operation under any specific conditions notwithstanding that such purpose may have been known to the Company. The Company shall not be liable for any direct or consequential loss or damage by reason of any defective goods supplied by the Company whether original or substituted nor for any work done or services rendered by the Company.

 

  1. The Company shall not be liable for failure to perform in whole or in part any of its obligations hereunder by reason of Act of God, War insurrection, Government regulations, embargoes, strikes or lockouts, illness, flood, fire, tempest, accidents to machinery, plant or equipment or any cause beyond the control of the Company.

 

  1. All Aircraft or Aircraft Components which are left on or at the Company’s premises for any purpose shall be entirely at the owner’s risk (whether or not the owner is the Buyer) and the Company shall not be liable for any damage to the Aircraft or claims as a result of taxying for the purpose of maintenance, defect rectification or positioning or parking.

 

  1. If the Company shall consider that the Buyer’s financial condition does not at any time justify the agreed terms of payment, the Company may, having given notice in writing cancel any unfulfilled orders unless the Buyer shall, at the Company’s option, forthwith make payments for any goods delivered or shall make prior payment for goods ordered but not delivered.

 

  1. No right, power or remedy herein conferred upon or reserved to the Company is exclusive of any other right, power or remedy herein or by law provided, committed, or conferred but each shall be cumulative of every other right, power or remedy given hereunder or now or hereafter existing and may be enforced concurrently therewith or from the time as the Company may in its entire discretion think fit.
  2. Intellectual property and acceptable use

    1. All Content included on the Website, unless uploaded by Users, is the property of Airtime Paint,  our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission
    2. You may, for your own personal, non-commercial use only, do the following:
      1. retrieve, display and view the Content on a computer screen
    3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Airtime Paint. 

    Prohibited use

    1. You may not use the Website for any of the following purposes:
      1. in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;
      2. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
      3. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

    Privacy Policy and Cookies Policy

    1. Use of the Website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference.

  3. The company may take photographs of aircraft and aircraft parts whilst being worked on at Airtime Paint. These images are copyright of Airtime Paint and cannot be used, shared or distributed without prior consent. The company may use photos taken of customers aircraft on their website, social media, print and electronic correspondence.  These photos can also be used for advertising and marketing purposes. If the customer does not want their aircraft photographed or used in any promotional form they must specify in writing at the time of accepting a quote or prior to any work being started on the aircraft.

     

     

  4. Any notice required or authorised to be given hereunder may be given by e-mail, Telefax or pre-paid letter to the party to whom it is addressed at its last known place of business and shall be deemed to have been served on the day following that upon which it shall be proved to have been sent.
  5. If at any provision of the contract or order to which this document relates is or becomes illegal, invalid, or unenforceable in any respect under the law of any jurisdiction, neither the legality, validity or enforceability under such provisions under the law of any jurisdiction shall in any way be affected or impaired thereby.

Terms and Conditions last updated Nov 2021

 

 

 

 

                                                           

Head Office

Hangar 435, Aviation Park West, Bournemouth International Airport
Hurn
Dorset
BH23 6NW
United Kingdom

Call Us

(01202) 580411

EMAIL US

info@airtimepaint.co.uk