The Client / Applicant accepts these General Terms and Conditions (the “Terms and Conditions”) when requesting and / or receiving the order and quotation services from J&D Oilfield International.
J&D Oilfield International constantly reviews and changes these General Terms and Conditions without prior notice. Any type of service or quotation provided to the Client / Applicant by or on behalf of J&D Oilfield International constitutes acceptance by the Client / Applicant of such changes.
J&D Oilfield International is a company that provides aviation services intermediation, contacting external service providers. However, J&D Oilfield International does not provide any aviation services by itself and does not control the operations of external service providers. For the purposes of these Terms and Conditions, “J&D Oilfield International” shall mean J&D Oilfield International Ltd., J&D Oilfield International Inc., J&D Oilfield International S.A., and its affiliates, successors and assigns.
J&D assumes under the principle of good faith that the information provided by the client / applicant is true and is not responsible for the operation of the aircraft in terms of passengers, cargo, destination and general operations, therefore, the responsibility of J&D Oilfield International or any subsidiary of J&D Oilfield International applies only to the aspect of its intermediary nature with the suppliers of fuel and services.
1.1. Except to the extent that they are covered by separate written agreements between J&D Oilfield International and the Client / Applicant, these Terms and Conditions contain the full understanding of the parties and will govern all matters related to the acquisition or quotation of all services and goods by the Client / Applicant or through any agreement made by J&D Oilfield International or any subsidiary of J&D Oilfield International, which includes, among others, the purchase of the Client / Applicant of any type of fuel and flight services provided to the Client / Applicant for or on behalf of J&D Oilfield International and access to the J&D Oilfield International network, which is the global network of J&D Oilfield International aviation service providers.
1.2. In the event that the Customer or Supplier and J&D Oilfield International become debtors among themselves, the obligations existing between them may be terminated in accordance with a separate written agreement, signed between both parties.
1.3. Any information provided by J&D Oilfield International and any associated material is for the exclusive and exclusive use of the Client / Applicant. Such material may contain certain information that is subject to confidentiality, export and / or release restrictions, and may not be disclosed or disclosed to any third party without: (i) guaranteeing that such disclosure or release does not violate any disclosure restrictions contained in laws or regulations of the state of Florida or the United States of America; and (ii) obtain prior written consent from J&D Oilfield International for any disclosure or disclosure.
2. PRICES AND CHARGES
2.1. Prices are accurate as to the knowledge of J&D Oilfield International at the time of the quote. Prices are quoted based on the most recent records available for J&D Oilfield International. Prices are subject to variation for reasons that include, among others, the conversion of prices, market variations, changes in rates, updating of validity of prices, taxes, government surcharges and exchange rate fluctuations (when applicable).
2.2. Any amount corresponding to taxes, including but not limited to taxes on hydrocarbons and oil, are estimated amounts provided to the Client / Applicant for informational purposes only. These amounts may and their applicability may vary by country. In case these taxes are applicable, J&D Oilfield International will pass the tax obligations to the client.
2.3. Additional charges such as, among others, third-party charges and disbursements, fuel additives, defrosting rates, subsequent hourly charges and minimum lifting requirements, and any other charges related to the client / applicant flight by the airport, service provider, Customs or other government authorities may apply.
3. BILLING, DISPUTES, PAYMENT, TERMS OF SERVICE
3.1. J&D Oilfield International will bill the Client / Applicant for all amounts due. Third-party charges will be billed after J&D Oilfield International receives invoices from those third parties, which will include, among others, charges for communications made or accepted on behalf of the Client / Applicant. J&D Oilfield International invoices by email will be considered original invoices. Unless the Client / Applicant disputes it in writing within seven (7) days after the date of the invoice, all invoices shall be deemed correct and accepted by the Client / Applicant. All disputes will be sent to J&D Oilfield International by email at email@example.com. If J&D Oilfield International has paid external suppliers before receiving notice of dispute from the Client / Applicant, the Client / Applicant must pay J&D Oilfield International in full, subject to the credit or subsequent reimbursement of J&D Oilfield International to the extent of any refund or credit received from third party providers. No dispute will exempt the Client / Applicant from their obligation to timely pay undisputed parts of the invoice. Invoices from external suppliers are property of J&D Oilfield International and are not disclosed. J&D Oilfield International will respond to disputes within (10) days after receipt of the request. With respect to fuel tickets, securing tickets is at the discretion of the pilot. J&D Oilfield International is not responsible for providing fuel tickets. In some cases, external providers may wait a period of time to send invoices for their services to J&D Oilfield International; Due to this, the Client / Applicant may not receive the J&D Oilfield International invoice for these services until a significant amount of time has elapsed since the end of the services. Whatever the cases, the Client / Applicant acknowledges and accepts that J&D Oilfield International invoices are the only supporting documentation required. J&D Oilfield International does not undertake to provide any other backup and / or supporting documents, but only your invoice (s).
3.2. Payment. The Client / Applicant shall pay J&D Oilfield International for all services and goods provided at the request of the Client / Applicant, or otherwise supplied or obtained through an agreement made by J&D Oilfield International or its service providers for the benefit of the Client / Applicant, including any taxes, tariffs, fees or other government charges on fuel or other services and goods at the time they are imposed or charged, even if they are imposed or retroactively charged.
3.3. Payments are due on the date indicated on the corresponding invoice. Unless the parties agree otherwise, all payments must be made in USD by credit / debit card or bank transfer to J&D Oilfield International, in the bank account listed on the invoice, with all charges to the Client / Applicant to initiate any bank transfer to be additional to the invoice and paid by the Client / Applicant. All payments, including bank transfers, must indicate which invoice (s) the payment covers; otherwise, J&D Oilfield International may apply payment to Customer / Applicant invoices at the discretion of J&D Oilfield International.
3.4. Late payment. In the event that the Client / Applicant delays any payment that does not meet its obligations; The Client / Applicant must pay an interest at the maximum rate allowed by law and must pay any additional charge for a surcharge. Without limitation to any other accumulated right to which J&D Oilfield International is entitled, J&D Oilfield International will have the right to recover all costs and expenses resulting from the collection of overdue or overdue invoices, including, among others, attorneys’ fees and expenses.
3.5. Suspension of services The Client / Applicant may be a prepaid customer “Prepaid Client” or a client that received “Client Credit” financing from J&D Oilfield International. J&D Oilfield International will decide whether a Client / Client is a Prepaid Client or a Credit Client, and will notify the Client / Client of said decision.
For the Prepaid Client, J&D Oilfield International will only provide the services paid in advance by said Client and will not provide any other service until and unless the Client pays in advance the value of said services as indicated in the corresponding invoice.
For Credit Customers, J&D Oilfield International will provide services and send the corresponding invoice, and the Credit Client will pay said invoice in the manner and period established. J&D Oilfield International will suspend any other service to any Credit Client if said Client does not pay the amounts owed to J&D Oilfield International as indicated in the corresponding invoice in the manner and period established. J&D Oilfield International may resume services to the Credit Client after the following conditions are met: (i) said Customer pays the amounts owed to J&D Oilfield International, plus any interest and any other charges as stipulated in this document or in the bill; and (ii) the Client pays a reactivation fee of one and a half percent (1.5%) of the outstanding amount.
3.6. Non-payment. In the event that the Client / Applicant does not make full payment upon expiration, J&D Oilfield International reserves the right to collect interest from the Client / Applicant on the unpaid amount at the rate established by J&D Oilfield International at its own discretion. In addition, J&D Oilfield International, without giving up any other right or remedy to which it is entitled, will have the right to suspend or terminate the provision of services or goods until such payment is received and may decide not to accept additional requests from the Client / Applicant and / or request payment of all amounts due. J&D Oilfield International will not be liable to the Client / Applicant for said suspension or termination of the provision of services or goods or for the non-acceptance of orders.
3.7. Levies. In the event that the Client / Applicant does not make full payment upon expiration, the Client / Applicant, either as the owner of the aircraft for which the services or goods are purchased or as a duly authorized agent of the aircraft owner, in addition of all other rights and remedies, authorizes J&D Oilfield International to file a lien for each and every one of the unpaid charges and acknowledges and accepts that J&D Oilfield International may invoke each and every one of the legal lien rights or equitable (or those of any participating aviation merchant) in connection with the execution of the Payment Right of J&D Oilfield International under this Agreement.
3.8. Retention of services. If J&D Oilfield International at its sole discretion, at any time, is deemed insecure with respect to the creditworthiness of the Client / Applicant, the provision of services, including the extension of J&D Oilfield International credit to the Client / Applicant, with or without notice , until security is always acceptable to J&D Oilfield International at its sole discretion.
4.- OF THE SPECIAL REGIME IN THE INTERMEDICATION IN THE SUPPLY OF FUEL
4.1 In order to comply with the payment regulations issued by the main J&D supplier Olfield International, in order for the Client / Applicant to use the required fuel, it must be included in the list of Authorized service providers issued daily by J&D Olfield International, for this, the Client / Applicant must anticipate the payment of their consumption at an estimated price by J&D Olfield International, for this purpose, they must deliver to J&D Olfield International, an amount of money equivalent to their average consumption of the last two weeks, at an estimated price according to the records held by J&D Olfield International, or failing that, at the average consumption estimated by J&D Olfield International.
4.1.1 Authorized List. For the purposes of this contract, J&D Oilfield International will daily form and update a list that includes Clients / Applicants authorized to receive the service, also indicating the advance balance and the amount remaining after each fuel supply, said list will contain the demonstration of the consumptions made, credits and debits made to the client’s account. In the event that, due to circumstances beyond the control of J&D Oilfield International, a certain Client / Applicant receives the service without being included in the authorized list, or exceeds in their consumption of the advance balance in their account, they will be responsible for the debt that Assume against the main fuel supplier, calculated at the sale price of the fuel in force at the time of payment, plus a penalty of five (5%) of the value of the debt for the damages that such debt may cause to J&D Oilfield International
4.1.2 For the purposes of this contract it is understood as estimated prices, the quantities that will be supplied by J&D Oilfield International to the Client / Applicant at the time of requesting the service, which should not be considered as a definitive price, as the latter will be determined at the time of billing and payment of the service, as the price of fuel will vary depending on the exchange rate issued by the Central Bank of Venezuela.
4.1.3. Advance. The Client / Applicant must advance to J&D Oilfield International, at least seventy-two (72) hours before the service is provided, the payment of the required fuel, said payment will be considered an advance, which must be accredited in Bolívares by J&D Oilfield International in the account of the Client / Applicant.
4.2 Once the Client / Applicant has made the advance of their future consumption, calculated at an estimated and not definitive price, J&D Oilfield International will open a client account, with the balance in Bolívares of their future consumption and include it in the List of authorized to the Service, after seventy-two (72) hours after the funds have been made in the J&D Oilfield International account.
4.3 The Client / Applicant will remain on the list of authorized to the Service until the balance of his account is exhausted. The Client / Applicant who does not have a balance in the account opened by J&D Oilfield International, will be removed from the Authorized List, which will be constantly refined and will not be entitled to enjoy the service.
4.4 If for any human or procedural error the fuel supplier allows the Client / Applicant to stock up after having exhausted his account balance, the latter will be obliged to immediately pay the cost of the consumptions made at the current price at the time of payment , plus a penalty of 5% of said consumption for damages caused to J&D Oilfield International, which must not be demonstrated.
4.5 The service for national aircraft will be quoted, invoiced and received in Bolívares.
4.6 The Client / Applicant may advance their consumption in foreign currency, but J&D Oilfield International will open its account of future consumption in bolivars, at the official exchange rate of the day of receipt of the funds and the result will be the balance available in Bolívares for Cover your future consumption.
5. DISCLAIMERS, RELEASE AND COMPENSATION
5.1. Service providers. J&D Oilfield International makes arrangements only with suppliers that J&D Oilfield International believes are the best options available. However, service providers are independent parties and J&D Oilfield International does not supervise or have any control over its operations. J&D Oilfield International does not conduct any investigation and disclaims liability for the acts and omissions of any supplier or for the quality of services and any type of fuel or other goods sold or delivered by them, or for any defect therein, or for the violation of the service provider of any applicable law or regulation. It is the responsibility of the service provider all the necessary requirements to perform the services, as well as the veracity of the information provided by the service provider to the Client / Applicant. The Client / Applicant hereby exempts J&D Oilfield International from any responsibility and exempts J&D Oilfield International from any claim or damage that may arise in relation to any provision of services by third party service providers to the extent permitted by the law.
5.2 THE CLIENT / APPLICANT DECLARES THAT ALL DOCUMENTS, INFORMATION AND / OR DATA OF ANY KIND THAT GIVES TO J&D OILFIELD INTERNATIONAL AND ITS SUBSIDIARIES, ARE AUTHENTIC, CORRECT AND TRUE; And, they were obtained legally. Consequently, THE CUSTOMER / APPLICANT DOWNLOADS ANY RESPONSIBILITY WITH J&D OILFIELD INTERNATIONAL AND ITS SUBSIDIARIES FOR THE CONTENT AND THE FORM OF SUCH DOCUMENTS, INFORMATION AND / OR DATA.
5.3. DISCLAIMER. NEITHER J&D OILFIELD INTERNATIONAL OR ANY OF ITS SUBSIDIARIES SHALL BE LIABLE FOR ERRORS, DELAYS OR INTERRUPTIONS WHEN PROVIDING ANY SERVICE, ERRORS IN THE JUDGMENT, OR ANY OF ITS OWN ACTS OR OMISSIONS, INCLUDING BUT NOT LIMITED TO THESE ACTS. OMISSIONS THE CUSTOMER / APPLICANT ACKNOWLEDGES AND ACCEPTS THAT J&D OILFIELD INTERNATIONAL OR ANY OF ITS SUBSIDIARIES WILL NOT BE LIABLE FOR ANY PERSONAL INJURY OR PROPERTY OR DAMAGE THAT arises or IN RELATION TO THE SERVICES PROVIDED. THE CUSTOMER / APPLICANT ACKNOWLEDGES AND ACCEPTS THAT J&D OILFIELD INTERNATIONAL OR ANY OF ITS SUBSIDIARIES DO NOT INVESTIGATE AND ARE NOT RESPONSIBLE FOR:
I. CUSTOMER / APPLICANT OPERATIONS AND SHALL NOT BE LIABLE FOR ANY CLAIM, INVESTIGATION OR PROCEDURE THAT THE CLIENT / APPLICANT VIOLATION OF ANY LAW OR REGULATIONS arises.
II. J&D ASSUMES THE TRUTH OR TRUTH OF THE INFORMATION GIVEN BY THE CUSTOMER / APPLICANT, THEREFORE SHALL NOT BE RESPONSIBLE FOR THE USE AND DESTINATION THAT THE CUSTOMER / APPLICANT GIVES TO THE AIRCRAFT, LOAD, PASSENGERS, USE FRAUDULENT OR ANY OTHER OPERATION THAT FULFILLS LIABILITIES.
5.4. COMPENSATION. THE CLIENT / APPLICANT INDEMNIFIES AND SAVES J&D OILFIELD INTERNATIONAL AND ITS SUBSIDIARIES AND SUPPLIERS AGAINST ANY LIABILITY, LOSS, COST, DAMAGE, PENALTY, FINE OR EXPENSE (INCLUDING REASONABLE FEES FOR TAXES). CUSTOMER / APPLICANT OR J&D OILFIELD INTERNATIONAL AS A RESULT OF, OR IN RELATION TO ANY SERVICE PROVIDED BY J&D OILFIELD INTERNATIONAL OR ITS SUBSIDIARIES, OR SUPPLIERS, INCLUDING, BUT NOT LIMITED TO, CLAIMS BY THIRD PARTY PERSONAL INJURY OR DAMAGE. FAULTS OF THE VIOLATION OF THE SUPPLIER OR CLIENT / APPLICANT OF HIS DUTIES HERE OR UNDER ANY AGREEMENT, CLAIMS OR INVESTIGATIONS OF THE GOVERNMENT FOR THE VIOLATION OF THE CLIENT / APPLICANT OR PROVIDERS OF ANY APPLICABLE LAW OR REGULATIONS. J&D IS NOT RESPONSIBLE FOR THE TRUTH OR TRUTH OF THE INFORMATION GIVEN BY THE CUSTOMER / APPLICANT OF J&D OILFIELD INTERNATIONAL AND ITS SUBSIDIARIES AND SUPPLIERS.
5.5. ALL INVOICES WILL BE CONSIDERED ACCEPTED BY CUSTOMER UNLESS J&D OILFIELD INTERNATIONAL RECEIVED A WRITTEN NOTICE FROM THE CLIENT WITHIN EIGHT (08) DAYS AFTER DELIVERY OF THE APPLICABLE INVOICE. THIS NOTICE SHOULD EXPLAIN ANY OBJECTIONS OR CLAIMS ABOUT THE INVOICE AND MUST BE SENT TO J&D OILFIELD INTERNATIONAL EMAIL (INTERNATIONALLTD@JDOILFIELD.COM) WITHIN THE MENTIONED PERIOD ABOVE. AFTER THIS TIME J&D OILFIELD INTERNATIONAL WILL BE ABLE TO TAKE LEGAL ACTIONS IN CASE OF PAYMENT DELAY OR ANY BREACH OF PAYMENT CONDITIONS. IN CASE OF ANY CLAIMS OUTSIDE THE STABLISHED TIME, IT WILL BE CONSIDER UNTIMELY AND WITHOUT ANY LEGAL EFFECT. UNDER NO CIRCUMSTANCES MENTIONED PERIOD SHALL BE CONSIDERED AS AN EXTENSION OF PAYMENT DAYS. INVOICES ALWAYS MUST BE PAID BEFORE DUE DATE.
5.6. THE CUSTOMER / APPLICANT AUTHORIZES THAT IN THE EVENT THAT LEGAL PROCEDURES AGAINST HER, J&D OILFIELD INTERNATIONAL AND ITS SUBSIDIARIES MAY PROVIDE THE AUTHORITIES COMPETENT WITH THE INFORMATION REQUIRED, UNDER THE TERMS OF THE PROCESS DUE AND WITH RESPECT TO THEM.
6. APPLICABLE LAW, JURISDICTION
These Terms and Conditions, any transaction or purchase order related to them and any agreement between the parties, shall be governed and interpreted in accordance with the laws of the State of Florida, United States of America. In an action or procedure arising out of or related to these Terms and Conditions (an “Action”), each party irrevocably submits to the non-exclusive jurisdiction of any federal or state court based in Miami, Florida, and accepts that the action may be heard and determined in said Florida state court. Hereby, each party irrevocably waives the defense of an inconvenient forum for the maintenance of any Action in Miami, Florida.
7. JURY JUDGMENT
THE PARTIES HERE KNOWN, VOLUNTARILY AND INTENTIONALLY WAIVER THE RIGHT TO A JURY JUDGMENT WITH RESPECT TO ANY ACTION OR CLAIM DERIVED FROM THESE TERMS AND CONDITIONS, ANY ORDER OF TRANSACTION OR PURCHASE RELATED TO THER.
8. REPRESENTATIONS AND GUARANTEES
The Client / Applicant hereby declares and guarantees that the Client / Applicant complies with all applicable laws and regulations, including laws related to money laundering, and does not use or use the services provided by J&D Oilfield International for any activity that It may be considered a violation of any law or regulation or crime, including the rules relating to money laundering and crimes against humanity. J&D Oilfield International waives this, and the Client / Applicant hereby exempts J&D Oilfield International from any liability related to the Client / Applicant’s breach of these representations and warranties.
In the event of a conflict between these Terms and Conditions, and any invoice issued by J&D Oilfield International, the terms of said invoice will replace these Terms and Conditions
10. DO NOT WAIVE
The fact that J&D Oilfield International does not insist in any case on strict compliance, compliance or compliance with any provision of these Terms and Conditions, or any provision of an invoice shall not be construed as a waiver or waiver for the future of such provision, but the same will continue and remain in full force and effect. No waiver or modification of any provision of these Terms and Conditions shall be deemed made unless J&D Oilfield International expresses it in writing and signs it. The receipt and retention by J&D Oilfield International of any amount after the expiration date of any payment shall not constitute a waiver of the Client / Applicant payment obligation of any amount due on the dates established in the corresponding invoices.
In the event that any part or provision of these Terms and Conditions is declared unenforceable or invalid, the remaining provisions of these Terms and Conditions will remain valid and enforceable.
12. SPECIAL PROVISION FOR SERVICES IN VENEZUELA
Unless the parties agree otherwise, any Client / Applicant with respect to an aircraft with Venezuelan tail “YV” that: (i) receives services from J&D Oilfield International in Venezuela; and (ii) the services are used for the operation of the aircraft within Venezuelan territory (the “Venezuelan Transaction”) will be paid in local currency (ie, Strong Bolivares). In addition, any Venezuelan transaction will be governed and interpreted in accordance with the laws of the Bolivarian Republic of Venezuela, and the parties to said Venezuelan transaction are subject to the non-exclusive jurisdiction of the courts of the Bolivarian Republic of Venezuela. Any transaction that does not meet the conditions set forth above will be paid in US dollars and will be governed and interpreted in accordance with the laws of the State of Florida, and the parts of said non-Venezuelan transaction are subject to the exclusive jurisdiction of federal and state courts. from Miami, Florida; however, as long as an aircraft with Venezuelan tail “YV” that receives other non-fuel services within Venezuelan territory can pay for such services in Bolivares Fuertes.
As an example, if an aircraft receives services from J&D Oilfield International in Venezuela, and travels from Caracas, Venezuela to Valencia, Venezuela without traveling outside the Venezuelan territory, it will be considered a Venezuelan transaction, and the amounts for the services provided will be paid in Strong bolivars. However, if an aircraft in Venezuela receives services from J&D Oilfield International in Caracas, Venezuela, but travels to Miami, Florida, United States, the services provided will not be considered a Venezuelan transaction and the Client / Applicant must pay for said fuel services in American dollars.
By requesting and / or receiving the order and quotation services from J&D Oilfield International, the Client / Applicant accepts the provisions of these Terms and Conditions.