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312 – Industry

Definitions 
“Agreement”means any written agreement made between the parties pursuant to or otherwise connected with contract as the context may require.
“AHM810”
means an agreement between airline and a ground handling agent for providing services at an Airport.
“Airline Meal” or in-flight mealmeans a meal served to passengers on board a commercial airliner.
“Airport”means an official recognised airport by IATA State or Federal authorities.
“Airworthy”means that the Container meets the TSO design approval together with a FAA or EASA certificate of airworthiness.
“Business Day”means any day (other than a Saturday) on which commercial banks are open for business in the City of London.
“Business Hours” means a period of eight (8) consecutive hours.
“Business Week”means five (5) consecutive Business Days, starting from Monday and excluding Public Holidays.
“CAA”means Civil Aviation Authorities, a Governmental organisation.
“Calendar Day”means a twenty-four (24) hour day from 00:01 Hours until 23:59 Hours.
“Calendar Month”means a single month of the Gregorian calendar Year.
“Calendar Week”means any period of seven days starting from a Monday and ending on a Sunday.
“Calendar Year”means each successive period of twelve (12) months commencing on 1st January and ending on 31st December.
“Change Order”means an order issued by the parties in accordance with Change and included as part of the Contract.
“Change”means a change to the Services or any other aspect of the Contract including an alteration or addition to the Services or omission of a part of the Services.
“Check”means a visual inspection of the Container including all parts for physical damage such as nicks dents cracks corrosion screws bolts and rivets to be performed prior to and each Container usage.
“Cleaning”mean the process of cleaning the Container interior and exterior surfaces in compliance with OEM CMM and/or OM.
“CMM”means a Component Maintenance Manual issued and maintained by an OEM.
“Commencement Date” means the commencement date in the Contract and shall be date upon which the operative period specified therein shall commence.
“Completion Date” means the completion date specified in an Agreement Contract Master lease Agreement or Equipment Lease Agreement and shall be date upon which the operative period specified therein shall be completed.
“Consignment Stock”means OEM spare parts purchased stored and maintained for usage in maintenance repairs and overhaul services.
“Consumables”means dry ice and batteries used for Container operation.
“Container ID”means a unique Container identification number issued for a Container The ID Code shall be in accordance with IATA standards.
“Container”mean a temperature controlled ULD certified by FAA and EASA.
“Contract” means any written contract made between the parties pursuant to or otherwise connected with a contract as the context may require and headed Agreement, Contract, or Master Lease Agreement.
“Currency”means the currency in which fees and any other charges are quoted invoiced and paid.
“Customer”means the entity named in the Purchase Order on whose behalf the order is made
“Damage”means any damage to a Container rendering it in a non-airworthy condition.
“Delivery Terms” means delivery terms in accordance with INCO Terms.
“Delivery”means the delivery or handover of a Container to the Client and/or its Handling Agent and the passing thereof into its possession and responsibility.
“Dispute Notice”means a written document signed by a duly authorised person advising the other party of a contractual dispute.
“Dry Ice”mean Solid Carbon Dioxide CO2 and defined as a miscellaneous dangerous goods code UN1845
“EASA Form 1mean a document issued by an OEM or Repair Company upon which a Container is confirmed airworthy in accordance with EASA rules and regulations.
“EASA Part 145”mean a Repair Station certification approved by EASA.
“EASA”means the European Aviation Safety Agency an European Union organisation.
“ELA”means an shall mean an equipment leasing agreement.
“Equipment Lease Agreement”means an equipment leasing agreement in the form exhibited to the Master Leasing Agreement or the Contract.
“FAA JAR 145”mean Approved Maintenance Organisation by the FAA.
“FAA”means the Federal Aviation Administration a United States of America Governmental organisation.
“FAR 8130-3”mean a document issued by a repair Company upon which a Container is confirmed airworthy in accordance with FAA rules and regulations.
“FAR Part 43”mean the rule that governs the continued maintenance, preventative maintenance, rebuilding and altercation of aircraft parts.
“FAR Part 145”mean the rule that governs aircraft repair station activities and the personnel working in the repair station.
“Form 1”means a document issued by a Repair Company upon which a Container is confirmed airworthy in accordance with EASA rules and regulations.
“GHA”means ground handling agent as defined in AHM810.
“Handling Agent”means a company contracted by the Client to perform services on its behalf in respect of a Container.
“IATA”means International Air Transport Association.
“ID Code”means a unique Container identification number issued for a Container and in compliance with IATA standards.
“Incident”means each and every reported incident of non-compliance as to Container handling and/or performance as defined within applicable OM.
“INCO Terms”mean the series of International Commercial Terms published by the International Chamber of Commerce 2010 edition as amended from time to time.
“Inspection” means an intensive visual check of all parts joints and attachments using adequate lighting and where necessary inspection aids such as mirror hard lens etc Surface cleaning and elaborate access may be required Only to be performed by a certified Repair Company.
“Invoice”means a soft or hard-copy document produced by Skycooler and sent to the Client designated invoice address representing Fees and other charges due Skycooler in accordance with Contract terms and conditions.
“IPL”mean illustrated part list, an integral part of the OEM CMM documentation.
“Lead Time”means an estimated number of Calendar Days or Calendar Weeks calculated from signed Change Order Order or Purchase Order until expected delivery date.
“Lease Period” means a number of Rental Months specified in a Contract document detailing Commencement- and Completion Dates.
“Lost”means a Container which has not been returned by the Client in accordance with Contract.
“LUC”means Load Unit Control a document used for release and receipt of a Container by airlines.
“MLA”mean a Master Lease Agreement.
“MLA”
means master lease agreement being a Contract document.
“MRO”means maintenance repair and overhaul and associated processes.
“MSA”mean a Master Service Agreement.
“NCR”means a Non-Compliance Report.
“Non-Airworthy”means mean a Container due to damages no longer meets the TSO design approval and may no longer be used onboard an aircraft.
“Normal Wear and Tear”means slight damages to the Container exterior and internal surfaces and base while Container remain in an airworthy condition.
“Not Fit For Human Consumption”means any food product no longer fit for human consumption.
“NWT” means Normal Wear and Tear
“OEM”means Original Equipment Manufacture
“OM” means Operation Manual issued by an OEM.
“Operational Change Order”means an order issued by the parties in accordance with a Operational Change, also, known as an OCO.
“Operational Change”means a change to the Services and/or Service Levels which do not affect the Charges or any other aspect of the terms of the Contract.
“Party/Parties”means the Client and Skycooler individual or collectively as the case requires.
“Payment Terms”means the terms and conditions relating to payment of Fees and any other charges in accordance with Contract terms and conditions.
“Place of Delivery”means the physical location at which a Container is to be collected by the Client in accordance with Contract terms and at which point the possession and responsibility pass to the Client.
“Place of Redelivery”means the physical location at which a Container is to be returned by the Client in accordance with Contract terms and at which point the possession and responsibility pass to Skycooler.
“PMP”mean Preventative Maintenance Program, a value added service provided by Skycooler.
“POD”means a Skycooler Container.
“Preventative Maintenance Program”means systematic inspections repairs overhaul and installation of OEM and Warranty spare parts maintaining the airworthiness of the Container.
“Public Holidays”mean a public holiday, national holiday or legal holiday established by law.
“Purchase Order”means the order placed by the Customer which may be for the supply of goods and/services.
“RAP”mean an aircraft temperature controlled container approved by FAA and EASA for use on board an aircraft also known as a LD9 Container with refrigeration unit.
“Rental Month” means a Lease period specified in a contractual agreement and unless otherwise stated a Rental Month shall mean a Calendar Month.
“Repair Company”means a company certified to perform repairs on ULD’s in accordance with FAA regulations no 145 EASA Regulations JAR145 and being performed at premises approved by the civil aviation authorities.
“Repair Station”means a physical location where Container delivery repair and collection takes place.
“Repair”mean any repair of a damaged Container necessary to return the Container to an airworthy condition.
“Replacement Value”mean the value to be paid in respect of a Lost Container.
“RKN”means an aircraft temperature controlled Container approved by FAA and EASA for use on board an aircraft also known as a LD3 Container with refrigeration unit.
“Serial Number”means a unique number implanted upon a TSO Plate and issued by an OEM.
“Services”means the services described in the Purchase Order to be undertaken by the Supplier pursuant to the Contract.
“Skycooler”means Skycooler Limited registered in United Kingdom with number 0550776 and address being Centrum House 36 Station Road Egham Surrey TW20 9LF.
“Spare Parts”mean approved and certified spare parts supplied by an OEM.
“Station”means a designated location at which a Container may be handled or stored by the Client or its Handling Agents.
“Structural Damage”means damage other than General Damage and being excessive damage to a Container rendering it in non-airworthy condition and refers to the loss of structural integrity which is the loss of the load carrying capacity of a component within a structure to the structure itself.
“Summer Schedule” means an airline schedule or timetable for flights to be operated between April and September in a Calendar Year.
“TAT”means Turn Around Time.
“TCU”means temperature control unit which is an integrated part of a Container.
“TSO Plate”means a physical metal plate attached to the ULD showing legible ULD manufacture name owner name serial number technical and approval information
“U/S”means a non-serviceable Container which is no longer in an airworthy condition.
“UCR”means a ULD control receipt being a document used for release and receipt of Containers by airlines.
“UK CAA Form 1”means a document issued by a Repair Company upon which a Container is confirmed airworthy in accordance with UK CAA rules and regulations.
“UK CAA”means United Kingdom Civil Aviation Authority a governmental organisation based in the United Kingdom.
“ULD”means a Unit Load Device as defined by FAA EASA UK CAA and IATA.
“US”means a non-serviceable Container which is no longer in an airworthy condition. Also known as U/S.
“Warranty Parts”mean approved and certified spare parts supplied by an OEM for the account of Skycooler
“Winter Schedule”means mean an airline schedule or timetable for flights to be operated between January to March and October to December in a Calendar Year.

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