1.0 RVSM Specific Bid Details

1. A standby pneumatic altimeter is required.  In the event the aircraft is not equipped with a standby altimeter, a standby panel mounted 2-inch altimeter shall be furnished and installed at additional cost.
2. On some aircraft, the co-pilot’s instrument panel may require modification to accommodate the AM250 digital air data computer.  If the modification is required, it will be accomplished at additional cost.
3. Customer is responsible for GMU flight and obtaining Flight Department operational RVSM approval from FAA.
4. Installation of the Thunder Aviation RVSM kit into the aircraft renders the aircraft RVSM Compliant. Prior to operating the aircraft in RVSM airspace each operator must comply with the FAA RVSM Operator Approval Process that is coordinated through local FSDO (Flight Standards District Office). Thunder Aviation can assist each Customer in securing resources to accomplish this requirement.
5. Thunder Aviation requests that the customer complete the attached “Incoming Autopilot Functional Test” summary sheet prior to input.
6. Critical autopilot system components may be removed and returned to the manufacturer for test and evaluation, if required in order to correct autopilot discrepancies.  This will be an over-and-above cost to be billed in addition to the RVSM installation.
7. Installation of Thunder Aviation/Honeywell RVSM Solution has shown to be RVSM compliant and will result in successful completion of the GMU validation flight.  Thunder Aviation makes no guarantee claim on GMU validation performance for performance failure due to systems outside the Thunder Aviation solution.

2.0 Conquest Specific Bid Details

1. In addition to Section 3.0 General Bid Details, Conquest customers agree to the following terms.
2. For Conquest Inspections Item 3.6 of section 3.0 General Bid Details is revised to read:
1. A 50% deposit in escrow will be required at contract signing to secure a production slot. The remaining 50% of the flat rated inspection price will be required at aircraft input (making a total of 100% of the Guaranteed Firm Inspection proposal to begin work). Discrepancy resolutions will be invoiced on a progressive payment schedule. Remaining balance will be due prior to aircraft delivery, unless other arrangements have been made and agreed to in writing.
3. For Conquest Inspections Item 3.7 of section 3.0 General Bid Details is revised to read:
1. Any discrepancies presented by the customer at time of aircraft input or found by Thunder Aviation during the aircraft’s incoming inspection or during the course of this workscope, will be treated as over-and-above repairs and billed at a labor rate of $70.00 per hour. No discrepancies will be repaired without the customer’s written approval.

3.0 General Bid Details

1. This proposal is valid for 45 days from the date listed on page (1) of this proposal.
2. This proposal does not include freight and tax.
3. A fee equal to 1.25% (.0125) of invoiced labor will be assessed for miscellaneous shop supplies and consumables.
4. Customer supplied material may be assessed a fee equal to 15% (.15) of list price.
5. A Hazmat fee may be applied as applicable.
6. A 35% deposit will be required at contract signing to secure a production slot. A 15% deposit will be required at aircraft input (making a total of 50% to begin work). Balance is due prior to aircraft delivery, unless other arrangements have been made and agreed to in writing. For workscopes that extend beyond 30 days, progress payments may be required.
7. Any discrepancies presented by the customer at time of aircraft input or found by Thunder Aviation during the aircraft’s incoming inspection or during the course of this workscope, will be treated as over-and-above repairs and billed at a labor rate of $85.00 per hour. No discrepancies will be repaired without the customer’s written approval.
8. Over and above material will be billed to customer at manufacturer’s suggested retail price.
9. Exchange prices for rotable parts assume normal wear. Additional billing may be required if the vendor determines a core to have excess wear or is beyond economical repair (BER). Billing will be at core repair cost as determined by supplying vendor plus handling charges.
10. Outside services will be billed to customers plus handling charges.
11. Additional downtime and charges may be incurred for engineering, material and/ or labor associated with the workscope proposed, if the components of the aircraft do not meet operational scalability, aircraft conformity or performs to the level of compliance required for the products quoted. The additional downtime and charges will be billed to the customer as an over and above charge.
12. Components removed during the course of installation or per customer request will be retained by Thunder Aviation Services unless otherwise specified in writing prior to aircraft input.
13. If during troubleshooting or work performed by Thunder Aviation as approved by the customer and a required repaired or new unit is not readily available, it is the customer’s responsibility to approve the use of a rental or loaner unit and agrees to pay the vendor’s fees for loaner, restock or recertification.
14. STC deviations made to conform to aircraft systems in order for an STC to be operational will be considered as an over and above charge.
15.  If aircraft’s current wiring diagrams and equipment list are incomplete or inaccurate and result in additional work not included in this proposal, additional charges will be considered as over and above repairs.
16.  Acceptance of this proposal constitutes full knowledge and agreement of Bid Details and Term and Conditions.

4.0 TERMS AND CONDITIONS

Miscellaneous.  This proposal is submitted to Customer for informational purposes only and shall not become a binding agreement between Customer and Thunder Aviation Services, Inc. and its companies (hereinafter Thunder Aviation) unless signed by Customer and returned with the required deposit to Thunder Aviation at its office in Chesterfield, Missouri, and there accepted by Thunder Aviation within thirty (30) days of the date hereof.  This proposal shall remain in effect for forty-five (45) days from the date of the proposal unless sooner revoked by Thunder Aviation or rejected by Customer.  The provisions of this proposal are only for the benefit of the parties hereto.

Payment.  Unless otherwise agreed, full payment for services rendered is required prior to aircraft departure from Thunder Aviation’s facility.  Acceptable methods of payment include:  Company check, Wire transfer, cash or credit card.  [Any credit card fees will be the responsibility of the Customer.]  Progress payments will be established for projects in excess of $25,000.00.  Unless otherwise specified, a deposit of 50% of the modification proposal total is required.  An additional deposit will be required prior to firm schedule commitment for modifications involving special order equipment or materials.  Deposits are non-refundable and will be retained by Thunder Aviation as liquidated damages in the event the project is canceled.  Any unpaid balance on account must be paid within 15 days of invoice date or a monthly finance charge of 1.5% will be assessed.  Customer agrees to pay all reasonable attorneys’ fees, costs and expenses incurred by Thunder Aviation as a result of any breach of this proposal by Customer.  Title to all parts and materials installed in Customer’s aircraft shall remain with Thunder Aviation until full payment is received by Thunder Aviation.  Customer grants to Thunder Aviation a lien and security interest in the Aircraft with respect to the work performed hereunder for all obligations and liabilities arising under this proposal.  For payment or account questions, please contact Accounting at 636-532-5600. 

Exceptions to the payment terms or payment methods listed above must be approved by the Customer Accounts Department in writing in advance.

Additional Charges.  The following additional charges are not reflected in the quoted prices and shall be paid by Customer to Thunder Aviation upon demand if applicable:

1. Any sales or use taxes, duties or tariffs applicable to the work performed or items sold by Thunder Aviation.
2. Thunder Aviation’s charges for repairing any Customer-furnished parts, material or equipment found not otherwise suitable for its intended work.
3. Thunder Aviation’s charges for any rework of or additions to Customer-furnished engineering and for fuel, oil, indemnification, insurance and flight crews required for ground or flight testing an aircraft.
4. Overtime charges for work performed pursuant to the terms of this proposal.
5. The amount if any, by which exchange part credits granted Customer by Thunder Aviation exceed the amount of such credit granted to Thunder Aviation by the supplier of the exchange parts.
6. Freight charges, customs duties, taxes, tariffs and other related charges.
7. Customer specified Change Orders after commencement of a project will be evaluated and may result in additional charges and/or downtimes.
8. Thunder Aviation’s charges for any hazardous waste disposal. 

 

Place and Time of Performance.  Unless otherwise provided on the face hereof, the price quoted herein is based on all services being performed at Thunder Aviation’s facility in Chesterfield, Missouri.  Thunder Aviation will attempt to schedule the performance of the services for the convenience of Customer subject to the availability of materials, parts, hangar and shop space, and labor.  Unless otherwise agreed in writing, all services shall be performed during regular work hours as opposed to overtime hours.  Customer’s representatives shall comply with all regulations of Thunder Aviation with respect to its facility.   Thunder Aviation assumes no responsibility for property left on board the Aircraft.

Substitutions.  Thunder Aviation shall have the right to incorporate changes in design, construction or installation and to substitute equivalent equipment, accessories, parts, or material where such changes are deemed necessary by Thunder Aviation to improve quality, performance, reliability, stability, utility or appearance of the goods or materials supplied hereunder.  If due either directly or indirectly to governmental prohibitions, restrictions or priorities, any of the materials of construction specified or contemplated herein are not readily procurable for use for its intended purpose, then Thunder Aviation shall have the right to substitute equivalent parts suitable for the work.

Governing Law.  This proposal shall be interpreted in accordance with the laws of the State of Missouri exclusive of any choice of law rule of that state.  The parties hereto agree that any litigation arising out of this proposal shall be in the State of Missouri.  Failure by Thunder Aviation to assert all or any of its rights upon any breach of this Agreement shall not be deemed a waiver of such rights either with respect to such breach or any subsequent breach, nor shall any waiver be implied from the acceptance of any payment.  No written waiver of any right shall extend to or affect any other right of Thunder Aviation, nor shall any written waiver extend to any subsequent breach.

No Amendment.  Further, the parties’ course of performance, course of dealing or usages of trade shall not be deemed to modify or add to the express provisions of these Terms and Conditions or the relationship of the parties in any way.  Also, no term or condition on any invoice, shipping document or other similar document exchanged between the parties shall modify or add to the express provisions of these Terms and conditions unless such modifications or additions are expressly agreed to by both parties in a writing making reference to these Terms and Conditions.

Force Majure. Thunder Aviation shall not be responsible for any failure or delay in its performance of the work due to causes beyond its reasonable and commercially practicable control including, but not limited to, labor disputes, war, orders or decisions of governmental officials, shortage of materials, or acts of God.

Limited Warranty.  Thunder Aviation warrants that the services performed hereunder will be, at the time of delivery to Customer, free from defects in workmanship and material.  The workmanship of Thunder Aviation is warranted, under normal use, for a period of one (1) year or three hundred (300) flight hours, whichever occurs first.   Thunder Aviation further warrants that all services performed hereunder shall comply with applicable FAA regulations in effect as of the date the work is performed.  This warranty does not apply to (1) normal wear and tear, (2) the consequences of accident, negligence, abuse or misuse, improper storage, or the repair, removal, reinstallation or alteration other than by Thunder Aviation and (3) to Customer furnished parts or equipment or to work which, at the Customer’s direction, was not performed in accordance with Thunder Aviation’s standard operating procedures. 

The sole and exclusive remedy of Customer, and the sole exclusive liability of Thunder Aviation with respect to any breach of the warranty provided herein shall be limited to repair or replacement (at Thunder Aviation’s option) of the nonconforming or defective work. This warranty does not apply to components or parts installed by Thunder but not manufactured by Thunder.  Such repair or replacement shall be performed at Thunder Aviation’s facility in Chesterfield, Missouri, and Customer shall be responsible for all other expenses, including but not limited to, transportation costs, fuel and crew expenses.  Should events occur which would give rise to Customer’s claim that Thunder Aviation is in default hereunder, Customer shall first give Thunder Aviation a thirty (30) day written notice of its claim during which time Thunder Aviation may cure any claimed default and incur no additional liability therefor. 

The foregoing warranty is in lieu of all other warranties, expressed or implied, including, without limitation, implied warranties of merchantability or fitness for a particular use.  Thunder Aviation shall not be liable for any indirect, special, consequential or incidental damages including, without limitation, loss of profits or loss of use.