Governing commercial endeavors of Sun Aviation Suport SRL

Definitions

Supplier ~ Sun Aviation Suport SRL
Customer ~ Contracting Party, client of materials and services supplied by Sun Aviation Suport SRL
Product ~ per ISO9001, could be products, components, materials, services etc

Generals

Scope of this document is to state for mutual agreement the general contractual conditions applicable to commercial endeavors involving both Customer and Supplier in the terms of products quality / condition. This QGTC document is a public statement of business governance by Supplier, is published on the company website www.sun-av.aero, and thus shared for inform and acceptance by the Customer within the transaction development. Acceptance of the business offer, contract or quotation placed by Supplier, automatically implies acceptance of these general business terms and conditions set by Sun Aviation Suport in identical form to all their client partners.
Subject to individual contracting arrangements, deviations or supplements to these general terms and conditions can be agreed by Supplier and Customer in formal manner as stipulated in individual contracts or orders, or other form of arrangements. Such deviations or supplements must be signed off by legal business representatives, and thus shall prevail over these general terms and conditions.

Inspection and Quality

The Supplier is an international aviation organization approved by an EASA member aviation authority for aviation services and specialized inspection and testing. Also in evidence of the longstanding reputation, the international AS/EN-9100 certification of our management system stands up as awarded by IAQG accredited bodies (International Aviation Quality Group provides the leading aviation industry certification scheme regulated and oversighted by prime manufacturers Airbus, Boeing, Dasault, etc). Approval and certification references are available on company website.

External provider shall ensure that persons are aware of their contribution to product or service conformity including FOD (Foreign Object Debris) awareness, their contribution to product safety and the importance of ethical behavior.

It is understood that, therefore all proceedings by Supplier are steered and controlled by strict quality procedures as stated in the Quality Manual of the organization per applicable aviation standards. All products supplied by Supplier are inspected upon receipt prior to delivery to end Customer. Except when otherwise specified, upon storage in company premises, a prior to release quality check both physical and documentary is again performed upon packing for shipping, to ensure that the delivered products truly meet Customer requirements and are compliant to respective aviation practices. The multiple inspections performed by specialized staff of Supplier are normally requiring some partial or overall unwrapping of the incoming product packaging, to allow for visual/dimensional inspection.
Subject to optional commercial arrangements, when supplementary Customer requirements are agreed, the Supplier could also provide value added services like (but not limited to): delivering to Customer copies of incoming quality documentation associated to products in advance of the actual shipment, with or without photos, or else supplementary checking of any airworthiness directives (ADs) released by EASA and possibly affecting the airworthy condition of respective goods. Other optional services with regard to supplementary counterfeit seal (SAE AS5553 or subsequent), special product traceability or international trade regulations investigations, or other added cleaning or maintenance services can be agreed on an individual basis.

It is therefore accepted by the Customer that the delivered products may be placed in a package that bears no longer the brand new seal by the original manufacturer or previous shipper. In such cases, the delivery condition “NEW” should be understood by original packaging at the receipt in custody by Supplier before shipping to Customer. A Customer shall not place any claim against the Supplier with respect to packages missing the original manufacturer’s or previous shipper’s seal.
However, a Customer may willingly advise the Supplier not to break the original manufacturer’s seal. Such a requirement must be explicit in writing by the Customer, with visible acknowledgement confirmation by Supplier. Under such circumstance, the Customer implicitly understands that the Supplier is not able to guarantee the proper condition of the traded parts, as long as incoming and outgoing inspections cannot be performed due to sealed package. Therefore such specific requirement by Customer for un-broken seal may put the Supplier in position to deliver the goods in “AS IS” condition, instead of serviceable condition as long as the quality inspections by Supplier cannot be executed for products in sealed packaging.
With regard to product transportation liabilities, the Supplier is exonerated from claims regarding shipment, or shipment condition, or other effects of the shipment of products as long as such transportation arrangements are as advised by the Customer. For transportation arrangements planned and executed under control of the Supplier, respective liabilities are determined and generated within the limits of the general insurance policies of the shipper, whereas it is in the policy of the Supplier to foster strictest reasonable obligations of the shipper in all transportation endeavors, unless otherwise specified by Customer. Supplier will keep evidence of the transportation conditions instrumented for a customer order, that may include photographic images of the package and/or goods at key shipment stages such that Supplier cannot be held responsible for unreasonable shipping claims, unless explicitly agreed so.

Counterfeit Goods

Seller shall not furnish Counterfeit Goods to Buyer, defined as Goods or separately-identifiable items or components of Goods that: (i) are an unauthorized copy or substitute of an Original Equipment Manufacturer or Original Component Manufacturer (collectively, “OEM”) item; ii) are not traceable to an OEM sufficient to ensure authenticity in OEM design and manufacture; (iii) do not contain proper external or internal materials or components required by the OEM or are not constructed in accordance with OEM design; (iv) have been re- worked, re-marked, re-labeled, repaired, refurbished, or otherwise modified from OEM design but not disclosed as such or are represented as OEM authentic or new; or (v) have not passed successfully all OEM required testing, verification, screening, and quality control processes. Notwithstanding the foregoing, Goods or items that contain modifications, repairs, re-work, or re-marking as a result of Seller’s or its subcontractor’s design authority, material review procedures, quality control processes or parts management plans, and that have not been misrepresented or mismarked without legal right to do so, shall not be deemed Counterfeit Goods. Counterfeit Goods shall be deemed nonconforming to this Contract.

Warranties and Claims

Under these general terms and conditions, Supplier offers warranties that the traded products are in the condition specified in the quality documents released by Supplier. Such delivery condition could be serviceable or un-serviceable. It is therefore in the direct responsibility of Customer to evaluate the exact condition of the products prior to installation in aircraft, or similar flying machines. Supplier disclaims all legal responsibilities in circumstances where Customer cannot provide evidence of proper discharge of their responsibilities in the evaluation of serviceability of products prior to installation and operation, or the evaluation of eligibility for installation products on specific aircraft types.
All claims should be received in writing. For claims of urgent nature and impact on airworthiness or safety of aeronautical products, Customer shall undertake to submit within 48 hrs from receipt of referred products, to allow the investigation process comply with respective aeronautical regulations. Claims outside such interval are nevertheless important for Supplier, yet treated under the general frame of commercial arrangements instead. An initial feedback is normally given by Supplier in 72 hrs from receipt of claim, that could be final or point to subsequent detailed analysis and diagnosis.

Claims by customers are thoroughly reviewed by Supplier and any admission of returns can only be agreed based on factual evidence of negligence or ignorance by the side of the Supplier in handling respective goods. In case of agreement by Supplier of liabilities by the claims raised by Customer, the cost of return could be accepted by Supplier or otherwise the actual return shipping can be managed by instruments of the Supplier. Except as above stated in case of customer claims accepted by Supplier, the cost of return shipment will not be incurred to Supplier and therefore the Supplier cannot be held accountable for any return transportation. The same applies to return of customer payments, where Supplier can only be held accountable in case of accepted claims, that shall be limited to the actual net payment and therefore excluding any added bank transfer commissions or taxes.

Customer satisfaction is very important for the Supplier. All feedback is encouraged, and therefore a short questionnaire is available on the company website for client usage. Supplier can offer occasional incentives to Customers giving such feedback, to foster collaboration and common interest in aviation cooperation for safety.

Sun Aviation Suport SRL,

Director,
Sorin Corcodel