The Ariques Trust (No. T445/90) trading as
AEROKOPTER SOUTHERN AFRICA
2 Edgar Road, HoutBay, Cape Town · Tel : 021 790 3825 · Fax: 021 790 6236 - Cel - 082 650 9656
E-mail :
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PURCHASE AGREEMENT
Date: ……………………………… Reference no. …..
By and between Aerokopter Southern Africa and the Purchaser detailed below, who agrees to purchase from Aerokopter SA the listed specified products:
Purchaser’s name/s:.……………………………………………………………………………………….……….….
Identity Number/s: ……….…………………………………………………………………………………………...
Address:……………………………………………………………………………………………………
City:……………………………………………..Postal code …………………………..
Telephone No. (w)……….……………….Cel: ………………………Fax: …………………………….
Delivery address:……………………………………………………………………………………………………
……………….…………………………………………………………………………………...
PURCHASED PRODUCTS
One AK1-3 Sanka standard non type certified factory builthelicopter fitted with,
Micro Air radio/com,
Engine governor system (Subaru “cruise control system”)
Navigation, panel and landing lights
MGL Stratomaster Enigma displaysystem including AH
Garmin 327 GTX transponder
Ground handling wheels
Total purchase products US$………………………………..
EstimatedRand price using an exchange rate of R………./$1 R………………………………..
Estimated VAT R………………………………..
Total estimated value of purchase agreement at above exchange rate R………………………………..
Prior to client delivery, the aircraft will been test flown by SA CAA certified post maintenance test pilot.
In addition to thePilot’s operatingmanual and aircraft logbook, the purchaser shall receive the following documentation at the time of handover:
- Copy of aircraft registration certificate
-Copy of CAA Proving Flight Authority
-A copy of the warranty
TERMS AND CONDITIONS
1.Orders placed with Aerokopter S.A. require S.A. Reserve Bank approval for the transfer of funds outside South Africa. (Allow approximately 15 working days and a bankcharge of approx. R1000)
2.With S.A Reserve bank approval, purchaser must pay 70% deposit of total price including VAT in US$ equivalent, then20%of total price including VAT one month prior to shipment and the last 10% of total price including VAT just prior to client collection or delivery to client
3.After receipt of purchaser’s funds, Aerokopter S.A. will purchase Dollars at ruling bank rate and transfer sameto the manufacturer, beingAerokopter Trade Limited of 27 Pischevikov Street, Poltava, Ukraine
4.Orders will be confirmed by Aerokopter Ukraine via an aircraft serial number and an expected completion date.
5.Thesubsequent deposit of 20% is subject to the rate of exchange ruling at time of payment to Aerokopter S.A.
6.Shortfalls or surpluses on exchange rate fluctuations will be debited or credited to clients account.
7.The planned factory completion date is, ………………… but can change due to circumstances beyond any ones control.
8.Delivery date to purchaser ex-Cape Town is approximately three and a half months after completion date, to allow for shipping, re-assembly and instrumentation, registration, inspection, obtaining Proving flight Authority and test flying.
9.Hand over to client in South Africa to take placeafter final payment has been cleared by the bank and registration with SA CAA is completed.A forward exchange contract to fix the exchange rate can be arranged, with client providing required bank guarantees.
10.The aircraft purchased is aNonType Certified Helicopter and does not conform to the South African Civil Aviation Authority’s standards for type certified aircraft.
11.The aircraft is sold and purchased subject only to the manufacturer, AerokopterUkraine standard manufacturer’s warranty which covers only the air frame and associated parts, for a period of one year or 100 hours of operation, whichever occurs first, against defects, provided 50 hour service is carried out by an Aerokopter approved agent. The guarantee excludes labour costs and any freight charges.
12.Neither Aerokopter S.A. nor Aerokopter Ukrainewarrant the Subaru engine or its ancillaries.
13.Save as aforesaid, the aircraft is sold “voetstoots” as it now is and stands.
14.The purchaser by his signature hereto:
14.1accepts the entire risk as to the quality and performance of the aircraft and its component parts hereby waiving and abandoning all his rights as also the rights of his heirs, executors, administrators or assigns which he may or might have or have had against Aerokopter S.A and/or Aerokopter Ukraine arising out of any personal injury, property damage or wrongful death sustained in connection with or arising from the construction or operation of the aircraft notwithstanding such injury or damage may result in whole or in part from the negligence including the gross negligence of Aerokopter S.A. and/or Aerokopter Ukraine and hereby releases and indemnifies Aerokopter S.A and/or Aerokopter Ukraine against all liability in respect of any such claims;
14.2accepts and acknowledges that Aerokopter S.A. acts only as appointed agent of Aerokopter Ukraine;
14.3acknowledges that the waiver and release hereinbefore set forth shall apply not only to Aerokopter S.A. and/or Aerokopter Ukraine, but also their representatives, employees, servants, agents or affiliated bodies;
14.4accepts that after the Civil Aviation Administration’s recommended proving flight hours, the purchaser shall himself/herself obtain the required “authority to fly” from the Civil Aviation Administration under the provisions of the Civil Aviation Regulations which the purchaser acknowledges having read and understood and that neither Aerokopter S.A. and/or Aerokopter Ukraine accept any responsibility whatsoever for such authorisation;
14.5accepts sole responsibility for the maintenance and operation of the aircraft.
14.6accepts that the Randprices are subject to change in accordance with any fluctuation in the exchange rate at the time when payment if effected;
14.7ownership of the said aircraft shall remain vested in Aerokopter S.A. and/or Aerokopter Ukraineuntil such time as payment thereof has been effected in full.
15.This Agreement incorporates the entire agreement between Aerokopter S.A. and the Purchaser and no amendment or cancellation or substitution of this agreement or any portion thereof shall be of any force or effect whatsoever, unless such amendment or cancellation or substitution is reduced to writing and signed by the parties hereto.
16.Any dispute arising between the parties out of this agreement shall be governed by the Laws of the Republic of South Africa.
17.A 7.5% handling fee calculated on the total purchase price will be levied if order is cancelled and after purchaser’s aircraft has been sold to new client. Purchaser also carries any exchange rate loss or gain in repatriating funds back to S.A.
I have read, understood and agree with the aforegoing conditions of sale.
Signed at ………………………………………………………. this ………….. day of …………………….. 200.. .
…………………………..……………… ……………………..………………………..
PURCHASER PURCHASER (spouse)
AEROKOPTER SA (agent) ……..…………………………………….