Specific Terms and Conditions for Sale and Delivery of Jetfuel
Effective July 18, 2023
ARTICLE A : Definitions
The word or expressions hereinafter have, within the framework of the Order, the following meaning:
Delivery note: Document signing by the Customer or his representative mentioning in particular the quantities of Jetfuel loaded or unloaded and the customs and tax regime of the Fueling
Fueling Services Request: email, texts, instant messages (or any other kind of document) by which the Customer requests from DC AVIATION G-OPS to provide Fueling to it at the Airport Nice Côte d’Azur at the arrival or at the departure of one flight
GTC: the General Terms and Conditions applicable on the date of the Order addressed by DC AVIATION G-OPS to any new Customer to be returned signed by e-mail and available at the following address: DC Aviation G-OPS SAS (dca-gops.com)
Jetfuel: aviation fuel that meets one of the following specifications:
(a) Grade Jet A-1, Joint Fueling System Check List “Aviation Fuel Quality Requirements for the Jointly Operated Systems,” Kerosene Type Fuel, latest issue;
(b) ASTM Standard D 1655, “Specification for Aviation Turbine Fuels” Jet A/Jet A-1, latest issue;
(c) British Ministry of Defense Standard DEF STAN 91-91, Turbine Fuel, Aviation “Kerosene Type,” Jet A-1, latest issue;
(d) British Ministry of Defense Standard DEF STAN 91-90, Avgas 100LL latest issue.
Fueling: loading and unloading of Jetfuel
STC: the Specific Terms and Conditions applicable to the sale and delivery of Jetfuel
ARTICLE B : Purpose
The articles below, exclusively applicable to the sale and delivery of Jetfuel, supplement the provisions of the General Terms and Conditions and replace those which would be contrary to them.
ARTICLE C : Contact
For any request concerning the contractual, or commercial aspects, or fares of Fueling, the Customer is invited to address its requests to the following e-mail address: firstname.lastname@example.org
ARTICLE D : Oders – Sales
BY PLACING A FUELING SERVICE REQUEST, BY ACCEPTING THE DELIVERY OF JETFUEL OR BY SIGNING A DELIVERY NOTE, THE CUSTOMER ACKNOWLEDGES HAVING A PERFECT KNOWLEDGE OF THE GTC AND THE STC AND FULLY AND UNRESERVEDLY ACCEPTS THEM.
As soon as DC AVIATION G-OPS sent the Handling Confirmation, this Handling Confirmation shall commit the Customer to take possession of the Jetfuel for the agreed quantities and within the agreed time. If the Customer fails to do so, DC Aviation G-OPS reserves the right to invoice to the Customer costs for the storage or the return of the Jetfuel, with a minimum of €30 excluding VAT.
ARTICLE E : Quantity – Transfer of risks
The quantity measured on loading subject to metrological control and mentioned on the delivery note a copy of which is given to the Customer, shall be binding evidence of the delivered quantity.
The Jetfuel delivered is for the exclusive use of the Customer and cannot under any circumstances be resold or made available to a third party by the latter.
The transfer or risk from DC AVIATION G-OPS to the Customer shall take place at the end of the loading or unloading arm, at the place of delivery. The unloading of the Jetfuel shall take place under the sole responsibility of the Customer, even if DC AVIATION G-OPS participates to the operation. For the acceptance of the Jetfuel, the Customer must proceed with all necessary verification. In particular, the Customer must verify whether its available storage volume is sufficient to receive the ordered quantities. In the event of loss or damage of shortfall in Jetfuel quantities, it shall be for the Customer to make all claims against DC AVIATION G-OPS by registered letter within a maximum period of three (3) days, in accordance with article L. 133-3 of the French Commercial Code. The claim must, moreover, have been mentioned on the delivery note kept by DC AVIATION G-OPS.
ARTICLE F : Services’ Prices
The Jetfuel is invoiced at the price, stated excluding VAT and any tax or duty, mentioned in the Handling confirmation. Any price change resulting from an increase of the midpoint average price per U.S. gallon for CIF Northwest Europe High as published by Platt’s legal or statutory amendmnt (tax of any nature, change in transport price,…) is immediately applied on the invoice if occurring prior to delivery to the Customer.
Customs duties, taxes and duties of any kind and transport rates on the product sold, will be those in force on the day of delivery or collection, and the price fixed for the Customer, even by market, will be increased or decreased accordingly when invoicing.
In the event of a sale with suspension of duties or taxes, the Customer shall provide DC AVIATION G-OPS, within the required timeframes, with any document justifying the discharge of the suspensive regime as well as all other documents required by the regulations in force. The Customer undertakes to reimburse DC AVIATION G-OPS for all duties, taxes and levies of any kind that DC AVIATION G-OPS may have had to pay as a result of the lack of discharge of the compensatory regime, or any irregularity in this discharge, regardless of any damages and additional interest for the damage suffered by DC AVIATION G-OPS as a result of having paid them.
The documents concerning duty-fre Jetfuel must be conserved for a period of six (6) years and kept at the disposal of the French Customs Authorities. Accounting documents and supporting documents are kept for ten (10) years.
ARTICLE G : Payment Deadlines
Unless otherwise agreed by DC AVIATION G-OPS, the Jetfuel shall be payable immediately at reception of the Handling confirmation and in any case before departure from Airport Nice Côte d’Azur, without discount, by direct debit, credit card, authorized fuel card or wire transfer.
DC AVIATION G-OPS reserves the right, at any time, to fix to the Customer a cap of outstanding, to modify that cap and/or to make the supply of the Jetfuel subject to compliance with this cap and/or subject to the presentation of a guarantee taking into account the payment term agreed by DC Aviation G-OPS to the Customer. If any sums remain outstanding for any reason whatsoever after the Fueling was performed, the Customer shall pay them upon receipt of the invoice.
ARTICLE H : Late Payment Penalties
In case of late payment of the sums due by the Customer beyond the earlier of the following date: period fixed by the article 7 of the GTC or date of payment mentioned on the invoice, the Customer is obliged to pay late payment penalties. These penalties are calculated at a monthly rate of 1 % of the Services’ price inclusive of VAT and other taxes mentioned on the said invoice, for a late payment between one (1) and sixty (60) days. This rate rises up to 2 % between sixty (60) days and ninety (90) days and to to 3 % beyond 90 days of delay, being understood that for each started month, the penalty is calculated on the whole month.
Under no circumstances shall the late payment penalties be lower than those calculated on the basis of the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points. These penalties are automatically and rightfully withheld to DC AVIATION G-OPS, without formalities or prior notification.
In addition, in case of late payment, the Customer is rightfully obliged to pay the amount of €50 as a lump sum for the recovery fees of each invoice remaining unpaid at the due date. This lump sum is attributed without prejudice of the provision of a supplementary allowance in case the recovery fees actually incurred are superior to this amount of €50.
ARTICLE I : Reservation of Title
The transfer of title of the Jetfuel shall be subject to the full payment of the Price,including the principal and all ancillary costs. Regardless of the payment terms and conditions applied as of receipt. The right to consumption shall be fully and automatically withdrawn, without prior notice, in the event of failure to pay on the due date. In the event that the Jetfuel has been consumed, DC AVIATION G-OPS reserves the right to substitute an equivalent quantity of Jetfuel held by the Customer in the tanks of the aircraft refuelled or in any aircraft operated or owned by the Customer. In the event of failure to pay and following the mere observation of such failure, DC AVIATION G-OPS reserves the right to proceed immediately with the recovery of the Jetfuel. Re-pumping and return transport costs shall be borne by the Customer.
ARTICLE J : Liability
Any loss or damage affecting the Jetfuel or any property of DC AVIATION G-OPS or of any third party, arising before, during or after the loading or unloading operations, caused by the Customer or any person acting under the Customer, Shall be borne by the Customer. The Jetfuel delivery by DC AVIATION G-OPS is compliant with the regulations in force, the Customer being solely responsible for their receipt, storage and use under conditions compliant with all applicable regulations. No claim, demand or dispute concerning the conformity of the delivered Jetfuel to DC AVIATION G-OPS specifications, shall be accepted after a period of ten (10) days following delivery.
ARTICLE K : Use Restriction
Reduced-duty Jetfuel subject to regulatory conditions as to its use (Order of 9 September 1993). Prohibited for all uses other than those specially authorised.
ARTICLE L : Material Safety Data Sheet
The Material Safety Data Sheet are transmitted to the Customer.