1. THESE TERMS

1.1. What these terms cover. These are the terms and conditions on which we supply the services set out in the Services Schedule (“the Services”) to you (the "Terms").

1.2. Why you should read them. Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms, please contact us to discuss.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1. Who we are. We are Aircraft Restoration Company Limited a company registered established in England and Wales. Our company registration number is 11613332 and our   registered office is at Building 425 Duxford Airfield, Duxford, Cambridge, United Kingdom, CB22 4QR. We may also subcontract the Services, at any time without your consent, to Propshop Limited which is a company registered in England and Wales with a company number 02990031 and a registered address of Building 425 Duxford Airfield, Duxford, Duxford, Cambridge, CB22 4QR. Propshop Limited's registered VAT number is 665951495.

2.2. How to contact us. You can contact us by telephoning our team at 01223 835 313 or by writing to us using the email contact form on our website or by emailing us at admin@aircraftrestorationcompany.com.

2.3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4. "Writing" includes emails. When we use the words "writing" or "written" in these Terms, this includes emails.

3. OUR CONTRACT WITH YOU

3.1. How we will accept your order. Our acceptance of your order will take place when we tell you that we are able to provide you with the Services and you have signed the Services Schedule which sets out the order details, at which point a contract will come into existence between you and us governed by these Terms.

3.2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the Services. This might be because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the Services.

3.3. Your order number. We will endeavour to assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order. This may be as simple as the aircraft registration number which we are working on.

4. YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to the Services please contact us. We will let you know if the change is possible. If it is possible we will let you know in writing about any changes to the price of the Services, their timing or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change in writing. We may require you to sign an updated Services Schedule. Other than under Clause 5, we shall not be required to accept any changes until they are agreed in writing by both you and us.

5. OUR RIGHTS TO MAKE CHANGES

5.1. Minor changes to the Services. We may change the Services:

5.1.1. to reflect changes in relevant laws and regulatory requirements, this may be because the Civil Aviation Authority introduced new regulations during the period which we are working on your aircraft which we then need to ensure are complied with; or

5.1.2. to implement minor technical adjustments and improvements, for example to address a safety issue which we have identified.

6. PROVIDING THE SERVICES

6.1. When we will provide the Services. We will supply the Services to you from the date set out in the Services Schedule for the time period set out in the Services Schedule or until we have completed the Services, whichever we agree with you in the Services Schedule. The estimated completion date for the Services is as told to you during the order process and as estimated on the Services Schedule – this date is an estimate only and time shall not be of the essence for the completion or achievement of any service timelines agreed between us.

6.2. We are not responsible for delays outside our control. If our performance of the Services is affected by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Services you have paid for but not received.

6.3. Acceptance of the Aircraft and provision of the Services. Your aircraft will only be deemed to be under our control, and our responsibility (regarding insurance and protection) at the point where you have agreed to the Services Schedule and after a qualified engineer has carried out a visual inspection, on our behalf, to identify any damage that is apparent on arrival and this is agreed with you in writing.

6.4. If you do not allow us access to provide Services. If you have asked us to provide the Services to you and you do not allow us access to your aircraft as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your aircraft we may end the contract and clause 8 will apply.

6.5. What will happen if you do not provide required information to us. As we may have informed you in the description of the Services, we may need certain information from you so that we can provide the Services to you, for example, details and the flying history of your aircraft and other related details. If required, we will contact you to ask for this information. If you do not, within a reasonable time of us asking for it, provide us with this information, or you provide us with incomplete or incorrect information, we may either end the contract (see clause 8.1) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for providing the Services late or not providing any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

6.6. Reasons we may suspend the Services. We shall be entitled to suspend the Services to:

6.6.1 deal with technical problems or make minor technical changes;

6.6.2 update the Services to reflect changes in relevant laws and regulatory requirements;

6.6.3 make changes to the Services as requested by you or notified by us to you (see clause 5).

6.7. Your rights if we suspend the Services. We will contact you in advance to tell you we will be suspending the Services, unless the problem is urgent or an emergency. If we have to suspend the Services for longer than 28 days in any 3 month period we will adjust the price so that you do not pay for Services while they are suspended. If we suspend the Services for more than 28 days you may contact us to end the contract and we will refund any sums you have paid in advance for Services not provided to you.

6.8. We may also suspend the Services if you do not pay. If you do not pay us for the Services when you are supposed to (see clause 10.4) and you still do not make payment within 5 days of us reminding you that payment is due, we may suspend supply of the Services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Services. We will not suspend the Services where you dispute the unpaid invoice (see clause 10.6). We will not charge you for the Services during the period for which they are suspended. As well as suspending the Services we can also charge you interest on your overdue payments (see clause 10.5).

7. YOUR RIGHTS TO END THE CONTRACT

7.1. You can always end the contract before the Services have been supplied and paid for. You may contact us at any time to end the contract for the Services, but in some circumstances we may charge you certain sums for doing so, as described below.

7.2. What happens if you have good reason for ending the contract. If you are ending the contract for a reason set out at 7.2.1 to 7.2.5 below the contract will end immediately and we will refund you in full for any Services which have not been provided (as your sole and exclusive remedy). The relevant reasons are:

7.1.1. we have told you about an upcoming change to the Services or these Terms which you do not agree to;

7.1.2. we have told you about an error in the price or description of the Services you have ordered and you do not wish to proceed;

7.1.3. there is a risk the Services may be significantly delayed because of events outside our control;

7.1.4. we suspend the Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 28 days; or

7.1.5. you have a legal right to end the contract because of something we have done wrong.

7.3. What happens if you end the contract without a good reason. If you are not ending the contract for one of the reasons set out in clause 7.2, the contract will end immediately but we may charge you reasonable compensation for the net costs we will incur as a result of your ending the contract.

8. OUR RIGHTS TO END THE CONTRACT

8.1. We may end the contract if you breach it. We may end the contract at any time by writing to you if:

8.1.1. you do not make any payment to us when it is due and you still do not make as set out in clause 6.8;

8.1.2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services;

8.1.3. you do not, within a reasonable time, give us access to your aircraft to enable us to provide the Services to you.

8.2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 8.1 we will refund any money you have paid in advance for Services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

8.3. We may stop providing the Services. We may write to you to let you know that we are going to stop providing the Services. We will let you know at least 30 days in advance of our stopping the Services and will refund any sums you have paid in advance for Services which will not be provided.

9. IF THERE IS A PROBLEM WITH THE SERVICES

9.1. How to tell us about problems. If you have any questions or complaints about the Services, please contact us. You can contact us by telephoning our customer service team at 01223 835 313 or by writing to us using the email form on our website or by directly emailing us at admin@aircraftrestorationcompany.com. Alternatively, you are always welcome to come and visit us in person, please do call ahead to let us know though.

9.2. Summary of your legal rights. See the ‘Summary of your key legal rights.’ below for a summary of your key legal rights in relation to the Services. Nothing in these Terms will affect your legal rights.

Summary of your key legal rights.

This is a summary of your legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.ork.uk or call 03454 04 05 06.

The Consumer Rights Act 2015 says:

• you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it;

• if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.

• if you haven’t agreed a time beforehand, it must be carried out within a reasonable time.

10. PRICE AND PAYMENT

10.1. Where to find the price for the Services. The price of the Services (which includes VAT) will be the price set out in the Services Schedule which will be agreed with you before we undertake any work on your aircraft. Subject to clause 10.2, we take all reasonable care to ensure that the prices of Services advised to you are correct at the time. Before we begin providing the Services, you may be required to pay a deposit of a percentage of the total price for the Services as set out in the Services Schedule. The due date for payment of your deposit will be included in the Services Schedule if applicable.

10.2. Emergent Work in our Services. The extent of work required on a particular aircraft is not always known until the inspection against the approved maintenance programme is carried out. We will confer with you regarding all emergent work and will provide an estimate of the hours and the parts required to ensure the continuing airworthiness of the aircraft. We may require you to sign an updated version of the Services Schedule, and we will be under no obligation to carry out any work until you have agreed to any additional or further fees as applicable.

10.3. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we provide the Services, we will adjust the rate of VAT that you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect.

10.4. When you must pay and how you must pay. We will invoice you monthly in arrears for the Services until the Services are completed. You must pay each invoice within 30 calendar days from the date of the invoice. We accept payment with all widely accepted payment methods but reserve the right to amend or change our accepted payment methods at any time, without notice. You may not withhold payment of any amount due to the other because of any set-off, counter-claim, abatement, or other similar deduction.

10.5. We can charge interest if you pay late. If you do not make any payment to us by the due date (see clause 10.4) we may charge interest to you on the overdue amount at the rate of 3% above the base lending rate of the Bank of England from time to time. This interest shall accrue and compound on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

10.6. What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

11.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

11.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services including the right to receive Services which are as described and supplied with reasonable skill and care.

11.3. When we are liable for damage to your property. Where we are providing Services to your aircraft, we will make good any damage to your aircraft caused by us while doing so as your sole remedy. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your aircraft that we discover while providing the Services – unless we have agreed to repair such faults in the description of the Services which we are providing to you under the Services Schedule.

11.4. We are not liable for business losses. We only supply the Services for domestic and private use. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

12. HOW WE MAY USE YOUR PERSONAL INFORMATION

How we will use your personal information. We will only use your personal information as set out in our Privacy Policy.  You can find our Privacy Policy on our website.

13. OTHER IMPORTANT TERMS

13.1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation.

13.2. When you own the parts. The legal title in the parts supplied shall remain vested in us until all or any sums due or owing to us by you have been paid in full, cleared funds, and until such time if you are in control of the aircraft you shall hold the parts supplied on trust for us. In certain circumstance we will require you to mark and set aside, distinguish or as otherwise appropriate deal with the parts as belonging to us.

13.3. You may only transfer your rights under our guarantee to someone else. You may only transfer your rights or your obligations under these Terms to another person with our written consent.

13.4. Order of precedence. If there are any terms which conflict with one another between these Terms and the Services Schedule, then the provisions as set out in the Services Schedule shall take precedence and priority over these Terms.

13.5. Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.

13.6. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

13.7. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.

13.8. Which laws apply to this contract and where you may bring legal proceedings. These Terms are governed by English law and you can bring legal proceedings in respect of the Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Services in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the Services in either the Northern Irish or the English courts.