SCHEDULE FOR TECHNICAL PUBLICATIONS by hg8dm5

VIEWS: 32 PAGES: 2

									                  SCHEDULE FOR TECHNICAL PUBLICATIONS

      TO BE USED TOGETHER WITH EUROCOPTER UK STANDARD TERMS AND
                              CONDITIONS

1-            DEFINITIONS

      o    Contract means the Order, this Schedule and the Standard Terms and Conditions.
      o    Customer means the person or company which enters into the Contract with EUROCOPTER UK for the provision of the Goods and/or
           Services.
      o    EUROCOPTER UK means EUROCOPTER UK Limited.
      o    Goods means the goods including Spare Parts, Items and Replacement Items provided by EUROCOPTER UK to the Customer under
           these Terms and Conditions.
      o    Order means the Order Confirmation together with any quotation for the Services.
      o    Order Confirmation means the confirmation of acceptance of the Customer’s order by EUROCOPTER UK.
      o    Party/Parties mean either separately or collectively the Customer and EUROCOPTER UK.
      o    Revision Service means the update service provided by EUROCOPTER UK in respect of the Technical Publications.
      o    Schedule means schedule(s) applicable to the provision of the Goods or Services which contain special conditions specific to those
           Goods or Services.
      o    Scheduled Order means an order confirmed by EUROCOPTER UK.
      o    Services means the services provided by EUROCOPTER UK to the Customer under these Terms and Conditions.
      o    Standard Terms and Conditions means EUROCOPTER UK'S standard terms and conditions.
      o    Technical Publications means the documents supplied to the Customer under this Schedule.
      o    Training Services means any training or technical assistance provided by EUROCOPTER UK including training need analysis,
           training courses and on-job training

2-           GENERAL

This Schedule together with the Standard Terms and Conditions and the Order apply to the provision of Technical Publications.
This Schedule together with the Standard Terms and Conditions and Order shall constitute the entire agreement jointly entered into between
EUROCOPTER UK and the Customer with regard to the subject matter hereof. Unless expressly agreed in writing by EUROCOPTER UK, no other
general or specific condition shall apply.
Where there is conflict between the Schedule and the Standard Terms and Conditions and any special terms contained in the Order, the Order
shall prevail over the Schedules which shall prevail over the Standard Terms and Conditions.



3-            PURCHASE ORDERS

The Customer shall issue an order to be sent to EUROCOPTER
UK containing the following information in respect of each                   In the event that the customer decides to change from receiving
requested Technical Publication.                                             hard copy technical publications to receiving electronic support
                                                                             their will be an additional charge.
      o    Order Number
      o    Type of helicopter                                                4.2           Languages
      o    Helicopter serial number
      o    Type and reference of the technical documentation
      o    Quantity                                                          All Technical Publications are provided in the following languages
      o    Language
                                                                             at the Customer's choice:
      o    Format (electronic support or hard copy)
      o    Shipping and Invoice address
                                                                                   o     In English for all helicopters
All orders placed by the Customer shall be subject to acceptance
      by EUROCOPTER UK.
                                                                                   o     In French for helicopters produced in France
4-            TECHNICAL PUBLICATIONS
                                                                                   o     In German for all helicopters produced in Germany
4.1           Format
                                                                             4.3           Updates
Technical publications are available in the following formats:
                                                                             EUROCOPTER UK shall provide the Customer with the Revision
      o    Electronic support                                                Service at no extra cost for a period of five years following the
                                                                             purchase of a Technical Publication. Following expiry of the
      o    Hard copy                                                         Revision Service the Customer may renew the Revision Service at
                                                                             the rate stated in EUROCOPTER UK's current price list.




                      EC UK Standard Terms and Conditions – Schedule for Technical Publications – September 2009                                1
4.4           Delivery                                                      This warranty is granted to the Customer personally and shall not
                                                                            be assigned by the Customer to any third party without
                                                                            EUROCOPTER UK’s prior written consent.
All Technical Publications will be Delivered Duty Unpaid (Incoterms
2000) to the shipping address provided in the Customer's purchase           The Customer's sole remedy for breach of the warranty contained
order.                                                                      in this clause shall be the repair or replacement of the defective or
                                                                            non-compliant Technical Publication. EUROCOPTER UK's sole
                                                                            liability under this clause shall be limited to the updating or
The Customer shall check the Technical Publications and notify
                                                                            replacement of the defective or non-compliant Technical
EUROCOPTER UK of any defects apparent on reasonable
                                                                            Publication and EUROCOPTER UK's liability in this respect shall
inspection in a documented registered letter within fifteen (15)
                                                                            not exceed the cost paid by the Customer to EUROCOPTER UK
calendar days from the date the Technical Publications were
                                                                            for Technical Publication.
delivered. After expiry of such period, the Technical Publications
shall be deemed accepted by the Customer.
                                                                            The above warranty supersede any other guarantees, whether they
                                                                            are express or tacit, as well as any other EUROCOPTER UK’s
The Customer shall ensure that it provides EUROCOPTER UK with
                                                                            obligation or responsibility concerning the delivered Technical
an up to date delivery address at all times in respect of Revision
                                                                            Publication.
Service for the Technical Publications.
                                                                            EUROCOPTER UK shall not be liable to the Customer for any pure
4.5           Proprietary Rights                                            economic loss, loss of enjoyment, depletion of goodwill or
                                                                            otherwise, in each case whether direct or indirect or consequential,
                                                                            or any claims for indirect or consequential loss whatsoever arising
The Customer shall not reproduce Technical Publications in full or          from any breach of this warranty.
part without the written consent of EUROCOPTER UK. The
Customer shall not use the Technical Publications for commercial            Save as expressly provided in these Conditions EUROCOPTER
purposes.                                                                   UK gives or makes no warranty representation, term or condition
                                                                            of any kind concerning the Technical Publication and, in particular
4.6           Warranty                                                      (without limitation) EUROCOPTER UK makes no warranty,
                                                                            representation, term or condition as to fitness for purpose, value or
                                                                            design. All warranties, representations, terms and conditions
EUROCOPTER UK offers for any Technical Publications delivered               implied by statute or common law are, to the fullest extent
by EUROCOPTER UK the following contractual warranty subject to              permitted by law, excluded from these Conditions.
the provisions set forth below:
                                                                            It is the responsibility of the Customer to satisfy itself that the
EUROCOPTER UK warrants that the Technical Publications                      Technical Publication is suitable for the purposes for which the
delivered are free from defects in material and workmanship under           Customer requires the Technical Publication.
normal use and service.

EUROCOPTER UK’s obligation under this warranty is limited to the
replacement or updating at EUROCOPTER UK’s discretion of
defective or non-compliant Technical Publications that have been
returned to EUROCOPTER UK's facility and following examination
by EUROCOPTER UK are in EUROCOPTER UK's opinion
defective or non-compliant. To be eligible under this warranty the
alleged non-compliance or defect must have been notified to
EUROCOPTER UK within 90 calendar days of the delivery of the
Technical Publication:

As soon as possible but at the latest fifteen (15) days after the
discovery of any defet or non-compliance, the Customer shall
furnish to EUROCOPTER UK, using EUROCOPTER UK's
Warranty Claim Form the full details of its claim and the basis
thereof. As soon as it receives the Warranty Claim Form,
EUROCOPTER UK will return to the Customer the Warranty Claim
Acknowledgment and the Return Material Authorisation Form.
Within fifteen (15) days from receipt of these two documents the
Customer shall return the allegedly defective or non-compliant
Technical Publication to EUROCOPTER UK. If the Customer fails
to return the allegedly defective or non-compliant Technical
Publication within this timescale EUROCOPTER UK reserves the
right to invoice the Technical Publication to the Customer at the
price indicated in the relevant EUROCOPTER UK’s price list in
force, or in the relevant quotation if no price is available in the price
list in force.

If Technical Publication is deemed by EUROCOPTER UK to be
validly covered by the warranty under this clause EUROCOPTER
UK shall:
       o    reimburse the Customer's reasonable transportation
            costs (upon production of valid receipts) in sending the
            Technical Publication to EUROCOPTER UK.
       o    bear the reasonable costs of returning the updated or
            replacement Technical Publication to the Customer

The Customer acknowledges that all insurance, customs expenses
and other charges as well as the expenses incurred by the
Customer for the removal, re-installation and adjustment operations
with respect to such Technical Publications shall be borne by the
Customer.

This warranty shall apply only to the extent the Technical
Publication was properly stored, installed and used in accordance
with the instructions supplied by EUROCOPTER UK.




                       EC UK Standard Terms and Conditions – Schedule for Technical Publications – September 2009                              2

								
To top