New World LLC Aircraft Repositioning
Disclaimer and Terms and Conditions
Aircraft Delivery Ferry Flight Contract
“The Contractor” shall be New World LLC
“The client” shall be ______________________________________________
“The aircraft” shall be Year ____ Make__________ Model________________,
registration ___________, manufacturers serial number __________________
The contractor undertakes to fly the aircraft from its location at _________________________, to the location/ICAO at _______________________
The aircraft shall be a standard manufactured and certificated aircraft, and shall have all appropriate airworthiness and registration documentation supplied and ready at the time of the ferry flight. All experimental aircraft are taken on and accepted on a case by case basis due to the complexity of certification and prior operating history of the aircraft, builder and/or manufacturer.
Expenses
The client shall pay all costs associated with this ferry flight including hull & liability insurance for the aircraft. The client shall furnish to the contractor prior to departure with a valid certificate of insurance for the duration of the ferry flight. Failure to comply with this requirement will lead the client to be in breach of contract.
The client agrees to reimburse include all excess fuel, landing and handling fees, navigation charges, pilot expenses including overnight expenses and the cost of positioning the pilot to ______________ and repatriating the pilot from __________ on completion of the ferry flight. Fuel is budgeted at $_____/gallon with projected ______ hours (Pilot daily rate is charged in 8 hour blocks). Should the hours and fuel be less than projected, the Contractor will refund the difference. Hotel stays are budgeted at $150 per night at a mid tier hotel (e.g. Hampton Inn, Holiday Inn Express). Should the hotel stays be less than budgeted, the Contractor will refund the difference.
Weather & Maintenance Delays
Weather and maintenance delays are covered at the daily rate and are charged at $350 (USD) daily plus actual expenses which shall be documented with original receipts to be reimbursed on delivery. It is the intent of this undertaking that all costs relating to this ferry flight are covered by the client, and the consideration payable shall be for a turnkey operation.
The contractor indicates, but does not guarantee to the client, an estimated time en route of ____ days, from leaving _________. No guarantees as to timing can be given due to the nature of the weather, and other possible unforeseen circumstances with the aircraft. The contractor insists on his absolute discretion as to the route and timing chosen.
In the event of a mechanical breakdown en route the contractor undertakes to arrange to have the aircraft repaired at any suitable repair station in discussion with the client. Mechanical delays will be at additional charge of $350 USD per day plus expenses, payable on arrival in ___________. In the event of a severe mechanical breakdown (in excess of 3 days) the contractor reserves the right to repatriate the pilot from the stranded location to point of origin. The contractor undertakes in this event to reschedule the ferry flight at the earliest possible opportunity thereafter. The cost of transport back to the point of breakdown will be at the clients expense.
Projected Delivery Cost
In consideration of this undertaking the client shall pay the contractor the sum of $______(USD). This includes projected daily rate, landing fees, hotels, flights, taxi, and fuel).
This sum shall be received and cleared no later than 7 days before departure. Cancellation once a contract is agreed will incur a charge of 33% of the contract fee if canceled up to 14 days prior to the agreed date, and 50% if canceled thereafter. The ferry flight is not scheduled till payment is received.
The aircraft shall be supplied with full fuel on departure at the Clients expense. The aircraft will arrive with arrival fuel.
Liability
The contractor has the right to terminate the provided service as outlined by the contract if they feel any of the conditions listed here have been broken. The contractor also reserves the right to make any due amendments in the event that safety of an aircraft or its crew are put at risk. The contractor & pilot(s) does not accept any liability for loss or damage to an aircraft, property or persons. The client agrees to hold the contractor & pilot(s) harmless of fault in any such situations including Force Majeure, including but not limited to: War, Strike, Terrorism, Negligence or malfeasance by another party or acts of God.
In the event of a dispute pending legal representation or a designated hearing is subject to the following conditions: Neither the contractor nor the client shall use slanderous or libel actions for the purpose of dispute resolution; any such action shall result in the imposing individual/group/firm to be in direct violation of the contract with grounds for dismissal against the other group. We will actively seek to prosecute and add civil damages to any individual or organization that interferes with the safety of crew and/or aircraft whilst on delivery or in flight. (18 U.S. Code § 32)
In the event of a dispute over this contract, the client and the contractor will be subject to the laws of the state of West Virginia.
Dated _________________________________________________
Client: _________________________________________________
Client Signature__________________________________________
The Contractor: __________________________________________