Billing Policies

Terms & Conditions

These terms and conditions ("Terms and Conditions") form part of  the agreement between J&G Aviation, LLC and Customer ("Agreement"). Customer accepts these Terms and Conditions by a written or electronic acknowledgment of accompanying Purchase Order/Work Order or by commencement of work as contemplated by this Agreement. Acceptance of any estimate or invoice by Customer  supersedes, nullifies and voids any other terms, conditions, representations, understandings, in oral or written form with respect to the Purchase Order(s)/Work Orders referencing this Agreement. 

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 J&G Aviation, LLC to undertake and perform all repair services requested, contemplated, or deemed necessary for the aircraft, as determined by the work proposal attached hereto. When applicable, all references to “customer” noted in this contract include the owner of the aircraft.

2. Scope of Repairs are defined by accompanying estimates and invoices.  Repair 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. Repair services do not include freight charges, fuel or flight costs, and any applicable government taxes or fees, which may also become due and payable.

3. The customer will be required to provide J&G Aviation, LLC such information as date of installation, hours in service as reflected in aircraft log book, nature of defect and any other information to allow J&G Aviation, LLC the opportunity to meet vendor’s warranty requirements.

4. Right of Possession: J&G Aviation, LLC is entitled to payment for all repair services performed on the component or the aircraft. Until such time as the total amounts owed have been paid, J&G Aviation, LLC has a right to maintain possession of the component and aircraft and all original logbooks associated therewith. Upon full payment for all repair services performed on the component or aircraft, J&G Aviation, LLC shall release the aircraft and its accompanying original logbooks to the customer or any other person so designated, in writing, by the owner of the aircraft. For purposes of this section, the owner of the aircraft is to be determined by reference to the most recently recorded Bill of Sale on file with the Federal Aviation Administration (FAA) registry whether it be an individual or entity.

5. Unless otherwise agreed upon in writing, payment for repair services are due and payable upon demand. If payment in good funds is not tendered to J&G Aviation, LLC within thirty (30) days from the time that fees for repair services become due and payable, J&G Aviation, LLC is entitled to perfect a mechanic’s lien for payments due, which may be enforced in accordance with applicable Texas Statutes. 

6. Lien Enforcement: If, prior to the time that full payment for repair services has been made, J&G Aviation, LLC elects, in its sole and exclusive discretion, to release possession of the aircraft or component, the parties mutually agree that this release of possession constitutes a good and valuable benefit in favor of the customer. For consideration of this benefit, the parties mutually agree that the customer knowingly and intentionally waives any right to contest the validity of any mechanic’s lien recorded pursuant to Texas law due to J&G Aviation, LLC failure to have actual possession of the aircraft at that time. Regardless of whether J&G Aviation, LLC relinquishes possession of the aircraft prior to receipt of full payment for repair services, J&G Aviation, LLC is entitled to maintain possession of the original aircraft and/or component logbooks until such time as full payment is received.

7. Fees for Storage: In the event that J&G Aviation, LLC is required to maintain possession of the aircraft due to nonpayment of repair services, J&G Aviation, LLC is entitled to collect a fee for hangar storage or storage equal to that amount J&G Aviation, LLC customarily charges for storage of an aircraft or component of like type, commencing upon default of the demand for amounts due and owing. J&G Aviation, LLC shall thereafter be entitled to maintain and enforce a lien for hangar rent or storage in accordance with applicable Texas Statutes.

8. No Bailment: No bailment is created by J&G Aviation, LLC possession of the aircraft. The customer bears the risk of loss of the aircraft or component due to unforeseen hazards or events. J&G Aviation, LLC shall not be liable for any failure to perform repair services due to causes beyond its control, including but not limited to strikes, lockouts or other labor difficulties, machinery breakdowns, inability to obtain transportation, delays of carriers or suppliers, fires, floods, acts of God, acts of terrorism, war or other outbreaks of hostilities, and any foreign or domestic embargoes. Under no circumstances shall either party be liable to the other party for indirect, consequential, special, or exemplary damages, whether in contract or tort (including strict liability and negligence) such as, but not limited to, loss of use or diminution in value.

9. No Waiver: The failure of J&G Aviation, LLC to immediately enforce any provision, right, or remedy of this contract does not waive the right of J&G Aviation, LLC to enforce the provision, right, or remedy at some later time, nor does it preclude the right of J&G Aviation, LLC to enforce any other provision, right, or remedy of this contract. The failure of J&G Aviation, LLC to immediately collect payments when due is not a waiver of any amounts due and owing, and the acceptance of partial payments does not mean that J&G Aviation, LLC has waived the right to collect the full amounts due and owing.

10. Contract Construction: In interpreting this contract, the parties agree that it should be interpreted as if neither party had drafted it for its own benefit, such that there is no presumed bias in favor of, or against, either party.

11. Severability: If a court of competent jurisdiction determines that any section of this agreement is not enforceable, or otherwise void or illegal, the remainder of the agreement shall remain in full force and effect, and the parties remain bound by its provisions.

12. Applicable Law: This agreement is to be construed in accordance with the laws of the State of Texas, United States.

13. Dispute Resolution: Any disputes arising under this agreement, including claims regarding actions leading to the execution of this contract, or for any repair services performed hereunder, shall be resolved by adjudication in the civil courts of Dallas County, Texas, United States. The parties agree to waive a jury trial in any such litigation.

14. The parties hereby waive any right of subrogation with respect to the scope of work and/or the aircraft or any component thereof.

PARTS EXTENDED LIMITED WARRANTY

REPAIR/OVERHAULED EQUIPMENT

1. J&G Aviation, LLC warrants all equipment and spare parts to be free of defects in workmanship and material for a specified period. Repaired units for 30 days and overhauled units for 90 days from the date of invoice. The material found defective must be returned within the warranty period.

2. This warranty is limited to repair, replacement or refund of purchase price at J&G Aviation, LLC discretion.

3. All freight, labor, resulting damage or related costs caused by the defective part will not be covered unless specifically agreed to in writing by an authorized J&G Aviation, LLC Representative.

4. The cost of removal and installations must be paid by the customer.

5. Purchaser is required to provide J&G Aviation, LLC such information as the date of installation, hours in service as reflected in aircraft log book, nature of defect and any other information to allow J&G Aviation, LLC the opportunity to meet vendor’s warranty requirements.

6. The warranty is void if the unit shows signs of abuse, alteration(s), broken seal(s), improper installation(s) or packaging inadequate for the protection of the item returned by shipment.

7. The warranties set forth herein are expressly in lieu of any and all other warranties and obligations either expressed or implied, including warranty of merchantability, fitness or suitability for any purpose.

8. If a component is returned for warranty and it is determined that the warranty is denied, the customer will be billed for all incurred costs.

EXCHANGE POLICY

1. All exchange core units must have the same identical part number and modification status unless otherwise agreed upon by J&G Aviation, LLC.

2. If exchange core units are not the same identical part number and modification status, customer will be billed in addition for or forfeit the core deposit for all upgrade and/or replacement costs.

3. Exchange prices are based on the return of identical items with routine overhaul or repair costs. Cost of repair or overhaul above routine charges will be billed in addition to the exchange charges.

4. The exchange price will not be applicable in the case of abnormal or excessive damage due to fire, use, accident, abnormal wear or unauthorized repair.

5. All cores must be returned within ten (10) days from the date of removal or the cost of the core plus non cash fees will be billed in addition as appropriate by J&G Aviation, LLC.

LIMITATION OF LIABILITY

J&G AVIATION, LLC LIABILITY ON ANY CLAIM OF ANY KIND, INCLUDING BREACH OF CONTRACT OR WARRANTY OR FOR NEGLIGENCE OR OTHER CONDUCT, FOR ANY LOSS OR DAMAGE ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM THIS AGREEMENT, OR FROM THE PERFORMANCE OR BREACH THEREOF, OR FROM THE SALE, DELIVERY, RESALE, OR REPAIR OF ANY GOODS COVERED BY OR FURNISHED UNDER THIS AGREEMENT SHALL IN NO CASE EXCEED THE PRICE ALLOCABLE TO THE WORK, GOOD, OR PART THEREOF WHICH GIVES RISE TO THE CLAIM. IN NO EVENT SHALL J&G AVIATION, LLC BE LIABLE FOR ANY FOR INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS. THE LAWS OF SAME STATES DO NOT PERMIT CERTAIN LIMITATIONS ON WARRANTIES OR REMEDIES. IN THE EVENT SUCH A LAW APPLIES, THE FOREGOING EXCLUSION AND LIMITATIONS ARE AMENDED INSOFAR, AND ONLY INSOFAR, AS REQUIRED BY SAID LAWS.

These Terms and Conditions are accepted and approved to be held on file at J&G Aviation, LLC.

Billing policies

PAYMENT REQUIRED PRIOR TO COMMENCING ANNUAL INSPECTIONS OR PREBUY REVIEWS.

Prior to commencing the inspection portion of an annual inspection or each individual Part of a Prebuy Review, an invoice will be sent for the flat rate portion of respective work (inspection or prebuy review).

Work that goes over 30 days

Any work that goes over 30 days will be billed an interim invoice for labor and parts purchased up to that point. Starting day 31, hangar rent will begin to be charged at the rate of $40.00 a day.