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1. OFFERS AND COST ESTIMATES
1.1. Offers and cost estimates submitted by RAS Completions shall be made without commitment. Contracts shall be effective only when confirmed in writing by RAS Completions or upon initiation of the work involved.
1.2. Cost estimates shall be binding only when submitted in writing and explicitly designated in the text to be binding.
2. SCOPE OF ORDER
2.1. RAS Completions shall be authorized to delegate any work ordered by a customer to a third party without previously notifying the customer or obtaining specific consent of the same.
3. PRICES
3.1. If no fixed price is agreed upon, RAS Completions shall apply the prices it currently charges for the type of work involved. Prices are exclusive VAT.
4. TERMS OF PAYMENT
4.1. RAS Completions shall be entitled at any time to demand partial or full payment either in advance or at the time of order fulfillment.
4.2. In case RAS Completions makes no use of this right, the terms of payment specified on the acceptance form / invoice, which shall form an integral part of the present General Terms of Hangarage and Repair, shall apply. Payment shall be due on the dates fixed even in the event of delivery postponement by customer. The customer shall not be entitled under any circumstances, in particular due to alleged or actual deficiencies, to withhold payment or part-payment for work performed by RAS Completions.
4.3. Queries concerning invoices shall be submitted in writing and within ten days of the receipt of invoice. Queries may alternatively be made by email or facsimile. If no query is received within ten days, invoices shall be deemed to have been accepted.
4.4. Payments shall be made without any deduction whatsoever. RAS Completions shall not be obliged to accept credit cards, cheques, bills of exchange or money orders unless otherwise agreed in writing. In case of acceptance of the same, such payments shall not be considered to have been effected until the date of crediting to RAS Completions for free disposal by the latter.
4.5. Without prior written approval by RAS Completions, the customer shall not be entitled either to assign any rights and liabilities arising for him from his contract with RAS Completions or to offset possible counterclaims against the claims of RAS Completions.
5. ACCEPTANCE BY THE CUSTOMER
5.1. The customer or his representative shall be deemed to have accepted the subject of order upon taking delivery of the same. Delivery shall be effected at the place of work performance. RAS Completions shall not be obliged to verify the authorisation of the person taking delivery.
5.2. Shipment of the subject of order to customer, including temporary storage of the same en route or at destination, shall be entirely at risk and to account of customer.
5.3. The customer shall be deemed to be in arrears if he fails to take delivery of the subject of the order within three days of being notified of the completion of the work against payment of invoice, if so requested by RAS Completions. Upon expiry of this delay RAS Completions shall be entitled to invoice the customary storage charges. In addition, RAS Completions shall have the right to store the subject of the order, at customer's expense and risk, outside the hangar, workshops and tarmac areas under its control.
6. RIGHT OF LIEN
6.1 In respect of all claims and money owing under its contractual relations with its customers, whether due or not at the date of the exercise of its rights under this clause 6, RAS Completions shall have, in addition to and without prejudice to all or any legal, equitable, general, particular and statutory rights of lien that RAS Completions may have, a contractual right of lien as contained herein over such objects as are in the possession of RAS Completions under the terms of each and every contract entered into between RAS Completions and the customer and over any objects owned by an associated company that are in the possession of RAS Completions, irrespective of the customer's proprietary rights in such objects. The Customer shall be held responsible for the right to grant such lien. This is a general and particular lien over goods for all claims and any money owing by the customer to RAS Completions under any contract whatsoever and in any other way whatsoever until the claims and monies have been settled and received by RAS Completions. RAS Completions shall be entitled to enforce such right of lien for the purpose of securing payment of any and all of its claims against the customer, including claims resulting from prior business relations with the customer.
6.2. The contractual right of lien shall, in addition to entitling RAS Completions to detain the objects until all monies due to RAS Completions by the customer have been settled in full, entitle RAS Completions to the following rights:
(i) to put any objects over which RAS Completions is exercising its right of lien into a saleable state; and
(ii) to sell any such objects in its possession on such terms as RAS Completions sees fit no earlier than one week after advising the customer of its intended action, if by that time all of its claims have not been settled in full, and to retain from the proceeds of sale sufficient to pay all claims and monies due from the customer to RAS Completions in satisfaction of every such lien including any costs incurred in putting the objects into a saleable state and the expenses of the sale and all proper charges and expenses in relation thereto RAS Completions must account to the customers or the owners of the goods for any surplus. If, on sale, the proceeds fail to realise the amount due, RAS Completions shall be entitled to recover the difference from the customer.
(iii) until RAS Completions has received payment of all claims and monies due in satisfaction of each and every lien, during the currency of the lien RAS Completions is entitled to be paid storage charges at the same rate as under the agreement in force prior to the imposition of the lien. If the agreement has been terminated, the relevant rate at which the storage charges will be payable will be that payable immediately prior to termination.
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