Terms of Purchase and Payment 1. The
following terms of purchase and payment shall apply for the contractual
performance of our orders. Price changes as well as changes in our terms
of purchase and payment shall only be binding if we confirm them in
writing. Differing conditions in the vendor's confirmation of order
or counter-confirmation shall not be binding on us without our express
written consent. 2. The
merchandise to be supplied must correspond exactly to the information
contained in our purchase order. Merchandise delivered which deviates
from our purchase order shall not satisfy the purchase order. Any acceptance
and testing stipulations submitted to the vendor by us shall be considered
a part of the purchase contract. 3. The
invoices are to be submitted separately from the consignment. Invoices
must be submitted in with 2 copies. 4. Notification
of apparent defects shall be considered to have been made in due time
if we claim them in any form within 2 weeks after arrival of the merchandise;
for hidden defects the same terms shall apply, commencing upon the day
of discovery. If notification of defects is made with the merchandise
being placed at the vendor's disposal and instructions from the vendor
are not received within 14 days; the merchandise will be stored in the
location of our discretion at the expense and risk of the vendor. In
the event of repeated or partially defective deliveries, we shall be
entitled to terminate the entire contract without being liable against
us. In urgent cases or if the vendor does not immediately fulfil its
obligation of repair replacement, we shall be entitled to procure alternatives
for unserviceable parts or have them repaired by third parties at the
vendor's expense. If rejected merchandise is returned, such return shall
not be pre-paid, ex works, inclusive of packing, which we will invoice
at our cost price. Authorisation for quantities and weights are only
those figures determined by our receiving check. If the vendor claims
that they are incorrect, he must bear the burden of proof for such claims. 5. Goods
supplied must be covered by certified documents of Airworthiness FAA
- ARB VERITAS - LBA (JAA Form 1, FAA Form 8130-3) 6. If no
other agreements are made, the delivery shall be made free of freight,
postage and packing charges. We purchase insurance ourselves; the vendor
is therefore not authorised to invoice insurance fees. Miscellaneous
Handling Services shall be exempt from this rule 7. The
following terms of payment shall apply for all purchase orders issued
by us. - 10days 3% or 30 days 2% discount or 60 days net of the total
invoice value, provided that we have not expressly agreed to other terms
of the vendor. The manner and medium of payment shall be determined
at our discretion. 8. If a
set term or date is stipulated for delivery, we are not obligated to
accept the merchandise prior to commencement of the term or prior to
the date. We shall be entitled to cancel the contract upon expiration
of the term or the date or to demand indemnification for non-delivery.
We shall also be entitled to claim these rights if delivery is not made
in compliance with our order or, with respect of the entire order. If
only a partial delivery is not made in due time or in compliance with
our order. Furthermore, we shall be entitled to demand indemnification
for non-delivery if the vendor does not deliver the merchandise by the
agreed date even though a fixed date has been set. 9. Price
reductions by the vendor between placement of the order and delivery
shall automatically apply to this contract. Should import duties on
imported merchandise be reduced during the term of the purchase contract,
we shall enjoy these reductions in full. 10. All
drawings and/or documents, e. g. samples, models, tools, etc. provided
to the vendor in conjunction with the purchase contract shall remain
our property and may neither be reproduced nor used for any other purpose
without our consent. The drawings, etc. shall be returned to us immediately
and of the vendor's own accord upon completion of the order. All parts
manufactured according to our specifications, drawings or tools, or
parts covered by the regulations and conditions protecting industrial
property rights may only be delivered to us, never to third parties;
nor may they be loaned or demonstrated to them 11. Rights
and obligations arising from the purchase order may not be assigned,
either in part or in full, to third parties without our express written
consent. Assignment of claims shall also require our consent. 12. In
case a stipulation of the purchase conditions will be void, the validity
of the other conditions will remain unaffected. 13. Swiss law shall apply for all disputes. Place of delivery and court of jurisdiction for both parties is for Jet Aviation AG, Basel; for Jet Aviation AG, Zurich Airport Branch; for Jet Aviation AG, Geneva Airport Branch. | 
