shipping and
freight charges incurred for all CUSTOMER
Furnished Parts or property.
C. KALITTA shall return all the unused CUSTOMER Furnished Parts and
property to CUSTOMER at the Redelivery. KALITTA shall arrange, at
CUSTOMER's sole expense and risk, for preparation and shipment of such
Parts to the locations designated by CUSTOMER.
5.4 Title and Risk of Loss and Damage
During the performance of the Services, title to the Aircraft and/or
Engine, any of CUSTOMER's
property removed from the Aircraft and/or Engine for storage and all
CUSTOMER Furnished Parts shall at all times remain with CUSTOMER.
KALITTA shall bear the risk of direct loss or damage to such Aircraft
and/or Engine(s), their parts, its engines, items of
CUSTOMER's
property or any items of CUSTOMER Furnished Parts occurring while in
the care, custody or control of KALITTA, if any loss or damage is
caused by the negligence or willful misconduct of KALITTA or its
employees.
KALITTA's responsibility and risk for any such loss or
damage is limited to actual direct physical loss of or damage to the
Aircraft and or Engine, its parts, items of Customer's Property or
items of CUSTOMER
Furnished Parts and excluded special, incidental, or
consequential damages, as provides for in Article 11.2
6 REGULATORY REQUIREMENTS
6.1 KALITTA Regulatory Responsibilities
KALITTA shall:
A. at all times meet the technical and operational requirements of an
FAA Certified Repair Station authorized to perform the Services and
shall maintain an FAR Part 145 Certificate with applicable ratings for
performance of the Services;
B. promptly report to CUSTOMER any discrepancies between FAA
requirements and KALITTA operations as reported to KALITTA by the FAA;
C. provide CUSTOMER with appropriate records of all maintenance
transactions and component and piece part removals, along with the
related teardown findings and repair billing information; and
D. be responsible for preparing FAA Form 337, or comparable CUSTOMER
supplied documents (E.A. / E.O., etc.), to cover all major repairs and
alterations accomplished during the Services; and
It shall be the responsibility of CUSTOMER to supply FAA approved data
(acceptable to KALITTA) to cover all alterations, unless otherwise
agreed by KALITTA. It shall be the responsibility of KALITTA to supply
FAA approved data for all major repairs performed during the Services,
unless otherwise agreed, in writing, between KALITTA and CUSTOMER.
6.2 Classification of Repairs
CUSTOMER shall be required to classify major and minor repairs in
accordance with the FAR Part 43
Appendix "A" definition and guidelines, it being understood that
KALITTA shall have no obligation
to do so for CUSTOMER under this Agreement.
7 OUTSIDE SERVICES
7.1 Use of Subcontracts
KALITTA may have any of the Services performed by subcontractors;
provided, that the use of subcontractors shall not create any
contractual or agency relationship between CUSTOMER and any such
subcontractor. The performance by any subcontractor of any Services
shall not relieve KALITTA of any of its obligations to CUSTOMER
hereunder
7.2 Outside Services or Subcontract Services Requirements
Any subcontractor used by KALITTA shall meet one or more of the
following provisions