InSpecial Term Sheet FOR OPERATIONS MANUAL AND CAA APPLICATION SUPPORT
This STS refers to the purchase by The Buyer of Operations Manual and CAA Application Support from the Seller (Drone Training Ltd t/a Global Drone Training) at the List Price and includes by incorporation the General Terms and Conditions of the Seller as may be found on the Sellers website. From this point onward, Operations Manual and CAA Application Support will be referred to as Support.
2.1 Payment of the price and VAT and any other applicable costs shall be due upon receipt of the invoice supplied by the Seller unless otherwise agreed in writing by the Seller.
2.2 If payment of the price or any part thereof is not made by the due date, the Seller shall be entitled to:
2.2.1 require payment in advance of delivery in relation to any Support not previously delivered;
2.2.2 refuse to make delivery of any undelivered Support whether ordered under the contract or not and without incurring any liability whatever to the Buyer for non-delivery or any delay in delivery;
The purchase of Support grants the Buyer one credit to access the Seller’s online Operations Manual form to generate an up-to-date Operations Manual, utilising the Seller’s core manual procedures. The purchase of Support does not include any changes or customisations to the Seller’s core manual and/or procedures. Upon the Buyer’s completion of the online Operations Manual form the Seller will review documentation provided, prepare the Operations Manual and prepare the application to the CAA. Any description given or applied to the Support is given by way of identification only and the use of such description shall not constitute a sale by description.
4 EXPECTATIONS FOR THE BUYER
4.1 The Buyer can expect to receive Support from the Seller during the Seller’s business hours only.
4.2 The Buyer can expect that once they have submitted the Operations Manual form the Seller will review the completed form and all supporting documentation provided within one working week.
4.3 The Buyer can expect that if the Seller has any queries or concerns regarding the information submitted the Seller will contact the Buyer within one working week from the submission of the form for further details or clarification.
4.4 The Buyer can expect that any customisation or changes requested by the Buyer to the Operations Manual will incur charges at the Seller’s hourly rate of £100 excluding VAT.
4.5 The Buyer can expect delays in receiving the updated Operations Manual and prepared application to the CAA should the Buyer not respond to Seller queries in a timely fashion.
4.6 The Buyer can expect to receive the prepared application to the CAA for a standard authorisation from the Seller within one working week of submitting the Operations Manual form.
4.7 The Buyer can expect to receive support from the Seller with queries the CAA might have regarding the application.
4.8 The Buyer can expect a response from the Seller regarding queries the CAA might have regarding the application within one working week.
4.9 The Buyer can expect the CAA to issue the Operational Authorisation within 28 working days from submitting the application to the CAA.
5 EXPECTATIONS FOR THE SELLER
5.1 The Seller can expect the Buyer to provide accurate information as required in relation to the preparation of the Operations Manual and CAA application.
5.2 The Seller can expect the Buyer to respond to any queries the Seller has regarding the information provided by the Buyer in a timely fashion.
5.3 The Seller can expect the Buyer to provide Quick Reference Handbooks for any aircraft the Seller does not already have Quick Reference Handbooks listed for within the Operations Manual form.
5.4 The Seller can expect the Buyer to complete any parts of the application to the CAA that the Buyer has not provided the Seller with information on.
5.5 The Seller can expect the Buyer to submit and pay for the application to the CAA within 30 days of receiving the prepared application from the Seller and before the authorisation expires.
5.6 The Seller can expect the Buyer to notify the Seller that the application has been submitted. If the Buyer will not be submitting the application immediately the Buyer will update the Seller with an expected submission date.
5.7 The Seller can expect the Buyer to notify the Seller when they have heard from the CAA regarding the application.
5.8 The Seller can expect the Buyer to supply the Seller with a copy of the authorisation once it has been received from the CAA.
Following an assessment by the CAA of the Buyer’s application, if the advised documents or criteria are not met the Buyer’s application may be rejected and an assessment fee of £124.00 charged. On the basis that the application was prepared using information and documents provided by the Buyer as accurate, and taken in good faith by the Seller, this risk is assumed by the Buyer and the Seller cannot, at any point, take on the risk or any costs should the application be rejected and an assessment fee charged. Additionally, if there are any delays in the Buyer submitting the application to the CAA that result in the Buyer needing to update their certification before the CAA can process the application the Seller cannot, at any point, take on any associated risks or costs that result. In the event of any delays in the Buyer submitting the application to the CAA, that result in the CAA charging a higher application fee due to authorisation lapsing before the application was submitted the Seller cannot, at any point, take on any associated risks or costs that result.
7.1 No liability of any nature shall be incurred or accepted by the Seller in respect of any representation made by the Seller, or on its behalf, to the Buyer, or to any party acting on its behalf, prior to the making of this contract where such representations were made or given in relation to:
7.1.1 the correspondence of the Support with any description;
7.1.2 the quality of the Support; or
7.1.3 the fitness of the Support for any purpose whatsoever.
7.2 No liability of any nature shall be accepted by the Seller to the Buyer in respect of any express term of this contract where such term relates in any way to:
7.2.1 the correspondence of the Support with any description;
7.2.2 the quality of the Support; or
7.2.3 the fitness of the Support for any purpose whatsoever.
7.3 All implied terms, conditions or warranties as to the correspondence of the Support to any description or the satisfactory quality of the Support or the fitness of the Support for any purpose whatsoever (whether made known to the Seller or not) are hereby excluded from the contract.
8 LIMITATION OF LIABILITY
8.1 Where any court or arbitrator determines that any part of Clause 7 above is, for whatever reason, unenforceable, the Seller shall be liable for all loss or damage suffered by the Buyer but in an amount not exceeding the contract price.
8.2 Nothing contained in this STS or Terms of General Terms and Conditions of the Seller shall be construed so as to limit or exclude the liability of the Seller for death or personal injury as a result of the Seller’s negligence or that of its employees or agents.