General Terms and Conditions for the provision of Product Qualification Services by ASD-CERT

1.    PRICES
The Provider shall fix its prices.  All prices are in €uros.
Prices do not include:
  any applicable taxes. The Applicant is solely responsible for paying all applicable taxes.
 Auditor (MBR) travel and subsistence expenses made as consequence of the qualification order, which will be reimbursed by the Applicant.

ASD-CERT receives ASD-STAN prEN standards free of charge from ASD-STAN as a support to the industry and will not further invoice the Manufacturer for those standards used by the auditors

2.    PRICE QUOTATION
Upon receipt of the application, and before the Applicant places any order, the Provider will issue a price quotation.

The quote is valid for 30 days once sent to Applicant.

3.    ADVANCES
An advance of 75 % of the price quotation shall be invoiced.

The order is confirmed once the advance payment is received.

If the Applicant cancels the order after the Provider accepted it, for any reason aside from “force majeure”, 15% of the deposit paid shall belong to the Provider, without any refund right for the Applicant.

4.    TERMS OF PAYMENT
The whole amount, including Auditor travel and subsistence expenses, is due at the Product Qualification drafting stage.

The invoice is payable within 30 (thirty) days of the date of the invoice (“Due date”).

In the event of non-payment of an invoice by the Due Date, the Provider reserves the right:

•  to suspend or cancel the Product Qualification ordered by the Applicant, and/or
•  to charge the Applicant a 8.5 % late fee, and/or
 to apply a penalty of 10 % of the invoice amount.

5.  INSURANCE
The Applicant must be covered by an insurance policy that includes the liability related to the Product for which the Qualification was requested. It must be an “Aircraft Products Liability” insurance.

The insurance policy contract must include coverage for the Provider, its Directors, members, employees, agents as well as any third party acting on its behalf, in the quality of Additional insured parties.

The insurance policy contract must mention that the Provider, its Directors, members, employees, agents as well as any third party acting on its behalf shall be entitled to the indemnity paid by the insurance company.

The insurance policy contract must provide a clause that the insurance company shall waive any recourse and/or subrogation against the Additional Insured Parties.

Upon request, the Applicant provides the Provider with a copy of the aforementioned insurance policy certificate.

Applicant’s liability towards the Provider is neither limited by the subscription of any insurance policy nor by the presentation of the insurance policy certificate.

6.  LIABILITY
All Provider’s obligations comprise obligations to provide a means and its mission is carried out according to the rules of good practice.

The Provider is only liable for damage caused by the non-observance of its contractual or legal obligations, if and in so far this damage was caused by deliberate fault or fraud.

7.  GOVERNING LAW AND JURISDICTION
These General terms and conditions are governed by Belgian Law and shall be implemented pursuant to its provision.

Any dispute relating to the interpretation and performance hereof, which it has not been possible to resolve amicably, will be submitted to the jurisdiction of the Brussels Law courts.