Standart Trading Terms & Conditions
1. TERMS OF PAYMENT: Payment for the services provided are due on receipt from 3rd party vendors; provided that Euro Jet Intercontinental, Limited (hereafter the “Company”) may, at its complete discretion and in writing, allow the Customer a certain period of credit; provided, further, that if the Company shall allow the Customer a period of credit and the Customer shall fail to pay the Company all sums payable within fourteen (14) days of invoice or demand, the Customer will pay the Company interest at the rate of 1½ % per month (or such lesser rate as may be required by law) or such other reasonable and lawful rate of interest as the Company may specify in writing on each and every such sum from the date when the said sum fell due to the date of its actual payment.
1.1. Services selected on this form (the “Services”) are provided by local 3rd party vendors. The Company, as an Isle of Man registered company under number 002842V, coordinates the Services of these 3rd party vendors on behalf of Customer, but does not itself perform the Services.
2. LIABILITY AND INDEMNITY: In this article all references to the Customer or the Company shall include their employees, servants, agents, lessors, lessees, insurers and sub-contractors.
2.1 In consideration of Services to be rendered and as a condition thereto, except in the case of negligence on the part of Company, the Customer shall be solely responsible for all losses or damages, however caused to itself, to its equipment, to its personnel, or to passengers, freight, mail or baggage carried by it, or to third parties, arising out of or in any way connected with the rendering of the Services pursuant to this document. THE COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, RELATING TO THE PRODUCTS AND SERVICES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Where Services are provided by someone other than a 3rd party vendor selected by the Company, at the request of the Customer (“Third Party”), the Customer acknowledges that the Company will apply for such services on behalf of the Customer. For the avoidance of doubt, the Customer acknowledges that the Company does not make any warranty as to such services or that the Third Party concerned is willing or able to provide the service requested, and further, that the Company may be engaged with the Third Party in a business alliance and/or may receive, directly or indirectly, discounts, credits and allowances for its own account.
2.2 The Company acts as agent for the 3rd party vendors and Third Parties who at all times, remain principals to the contract for the Services provided to the Customer. Any complaints or claims must be directed to the 3rd party vendors and Third Parties directly.
2.3 The Customer undertakes, for itself and its insurers, to indemnify and hold harmless at all times the Company, from and against all claims, damages, liabilities, costs, expenses, losses (including but not limited to any direct, indirect (such as loss of use or profits), incidental losses, loss of reputation and all interest, penalties and reasonable legal costs and other professional costs and expenses and consequential losses), or punitive damages (collectively “Damages”) suffered by the Company, even if the Company has been notified of the possibility of Damages, including without limitation, those arising out of or in any way connected with the Services rendered to the Customer, regardless of whether the Services are provided by Company or by a 3rd party or Third Party. This indemnity applies whether the nature of the claim arises in contract or tort, irrespective of whether liability is absolute or strict liability but excludes Damages caused by the negligence on the part of the Company.
3. TAX: At all times, the Customer shall promptly pay when due and indemnify and hold harmless the Company in respect of any taxes of any nature (including but not limited to any and all present and future goods and services, sales, use, personal property, customs, excise, ad valorem, value added (VAT), turnover, stamp, income, gross receipts, airport use or other similar taxes, fees, withholdings, imposts, duties, levies or other charges of any nature or howsoever arising, together with related penalties, fines or interest thereon) whatsoever and howsoever imposed by any government entity or taxing authority in any jurisdiction based upon, or arising out of these Standard Trading Terms & Conditions and the Services provided to the Customer.
4. CONFLICT: In the event of a conflict or inconsistency between the provisions of this request for Services and any service agreement which may have been executed by Customer and the Company separately, the provisions of such other agreement shall prevail.
5. SEVERANCE: Should any provision or part-provision herein be held illegal, void, invalid, or unenforceable, it shall be deemed deleted and reformed upon agreement of the Company and Customer so as to be valid, but that shall in no case affect the validity and enforceability of the remaining provisions which will remain in full force and effect.
6. JURISDICTION AND GOVERNING LAW: This agreement between the Company and the Customer and any dispute or claim (including contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of England and Wales and the Company and Customer agree that the Courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.