For payment by check, make the check payable to Bell Helicopter Textron Inc. and mail to:
2) For training courses held at Customer’s facility:
3) For complimentary training courses or any training courses Customer acquired in conjunction with the purchase of an aircraft from Bell:
The Cancellation Policy applies to any reason for cancellation by Customer, including failure by Customer or student to timely obtain the required immigration documentation to enter the country in which the training is taking place. Bell reserves the right to waive these penalties at Bell’s sole discretion.
Bell may cancel or reschedule training courses at its sole discretion. In the event of a Bell cancellation of a training course, Bell will refund the Customer the price of the training if the Customer has made payment for such cancelled course. In the event of a Bell decision to reschedule a training course, Customer will be given the opportunity to accept a rescheduled course or Customer may choose not to accept the rescheduled course. If Customer chooses not to accept a rescheduled course, then Customer will receive a refund for the price of the training if the Customer has issued payment for the rescheduled course. Upon Customer or Bell cancellation of a course, Bell makes no representations or guarantees that a training course will be rescheduled.
NO WARRANTY AND DISCLAIMERS: Bell makes no warranty of any kind with respect to training services sold.
Bell shall not be responsible for the level of attainment reached by students participating in a training course nor for their ability to practically apply the information supplied by Bell, whether generally or for any specified known purpose.
Bell makes no representation or warranty as to the adequacy or suitability of the training course(s) to enable Customer to achieve any particular purpose whether or not known to Bell.
NO LICENSE: No license to the Customer, under any trademark, trade secret, patent, copyright, other intellectual property rights, or applications which are now or may thereafter be owned by Bell, is either granted or implied by the conveying of information to Customer and/or training of Customer. None of the information which may be submitted or exchanged by Bell to Customer shall constitute any representation, warranty, assurance, guarantee or inducement by Bell to Customer with respect to the infringement of trademarks, trade secrets, patents, copyrights, other intellectual property rights or any right of privacy, or other rights of third persons.
COMPLIANCE AND REQUIREMENTS: Students must meet any and all prerequisites for a training course as reflected in the course descriptions or as determined by Bell in its sole discretion. Student failure to satisfy any required prerequisites will provide a basis for Bell to refuse to provide training services to such student, and in such case Customer shall not be entitled to any refund of course fees already paid and may be required to pay any or all course fees. The Customer must submit individual student information as requested by Bell at least thirty (30) days prior to the training start date. Late submittal of student information may result in denial of training.
While attending a Bell training course, all visitors, Customer, and students agree that they will comply with Bell security policies, in addition to any and all other policies, advice, rules or recommendations made by Bell and all applicable regulations and laws. Bell may, on reasonable grounds, remove any visitor or require that Customer remove any student of a training course, and Customer agrees to comply. Any person so removed will not be permitted to attend a future training course unless and until agreed in writing by the Parties.
All visitors or students who enter and remain at the Bell Training Academy or on any other Bell, Bell affiliate or Bell subcontractor premises do so entirely at their own risk. .
INSURANCE: In those circumstances, whereby the Customers helicopter or aircraft is utilized during any type of ground or in-flight training operations, Bell shall not be financially responsible for any loss, damage or destruction to the customers helicopter or aircraft. Furthermore, the Customer and its aviation insurer shall waive any right of subrogation it may have against Bell with respect to any loss, damage or destruction to the Customers helicopter or aircraft during any ground or in-flight operations training operations under this Agreement.
TRAINING MATERIAL USE RESTRICTIONS: During the course of the training services, Bell may furnish written, electronic, or other materials that are copyrighted and contain information Proprietary to Bell (“Bell Training Material”). The Bell Training Material as is disclosed and furnished to Customer shall only be used for training purposes and only by the student pilots and student technicians attending the training courses and shall not be duplicated, transferred, sold, published, or disclosed to anyone other than employees of the Customer without the prior express written consent of Bell. Furthermore, the Customer is expressly prohibited from recording the training course or any training services activity, whether by audio, visual or any other means. In the event that the any training course is cancelled, either by the Customer or Bell, the Customer shall return all training material and training equipment to Bell, whether or not Customer is eligible for a refund of any fees paid pursuant to Bell’s cancellation policy.
IMMIGRATION REQUIREMENTS: Visitors and students will be subject to U.S. and/or relevant country immigration regulations in order to attend training courses and visitors and students may be required to obtain visas, permits or other government authorizations prior to attending a training course. Visitors, Customer, and students are responsible for complying with all applicable immigration laws and regulations as well as obtaining the required visas and permits for their entry into the relevant country for training purposes. Bell will provide support to the Customer and students on immigration requirements in the form of facilitating with certain training visas and/or verification of training courses when Bell is able and when Customer and students have completed registration for such class, but at no time is Bell responsible for ensuring Customer or student compliance with the law or for government processing of any such requests. Bell reserves the right to refuse to verify Customer training course information for any reason, including in the event the Customer or student has failed to provide Bell with all requested information or in the event Customer is delinquent in payments to Bell. Bell reserves the right to refuse training to anyone not meeting immigration compliance requirements.
SECURITY COMPLIANCE REQUIREMENTS: For safety and national security compliance purposes, Bell is required to complete a Restricted Party Screening for all students receiving training from Bell’s Training Academy. Bell must receive each individual student’s name, student’s employer name and the student’s country of citizenship. This information is required at least thirty (30) days prior to the training course start date. Any changes to student information provided to Bell must be received by Bell, in writing and no later than five (5) business days prior to training course start date and may result in additional charges. Bell reserves the right to refuse training to anyone not meeting security compliance requirements.
PILOT TRAINING CLASSES AND EQUIPMENT: For pilot training courses in Customer-owned aircraft(s), Customer is responsible for all fuel, lubricants, preventative maintenance and/or normal wear and tear during training. Customer understands and accepts that certain training activities may cause damage to the skids. Bell recommends the installation of adequate skid shoes to minimize damage from normal wear and tear during touchdown auto-rotations and run-on landings. Prior to training course enrollment, Customer may buy skid shoes for Bell models 206B, 206L, and 407 helicopters for an additional fee. Bell is not responsible for any wear and tear to the landing gear. Any pilot training conducted in the Customer’s aircraft will be at the discretion of the Bell pilot training instructor.
CLASSROOM EQUIPMENT FOR OFF-SITE TRAINING – For training courses conducted at Customer’s facilities, if technical class or pilot ground school is to be conducted, the Customer shall supply a whiteboard with marker and eraser, a projection screen or suitable area for a PowerPoint format presentation.
AUTOROTATION TRAINING: All touchdown auto-rotations shall be completed to a hard, smooth surface to allow every measure of safety while the Customer has the opportunity to learn from each such maneuver.
TRAINING CERTIFICATES AND DISCLAIMER: Bell will issue a Certificate of Completion to each student who satisfactorily completes a training class and who has met the standards of performance and knowledge required for aircraft operation and/or maintenance pursuant to the relevant civil aviation authority regulations and pursuant to Bell’s standards as the Original Equipment Manufacturer (OEM) of the aircraft. Bell’s assessment and evaluation of its students and its issuance of any type of training certificate is within Bell’s sole discretion. Failure of a student to receive a Certificate of Completion, or any type of training certificate does not entitle Customer to any refund of any fees paid to Bell for training services or to any reimbursements of any costs incurred by the Customer in relation to such training.
EXPORT REQUIREMENTS: Bell and Customer agree to abide by any U.S. Government International Traffic in Arms Regulations (ITAR), Export Administration Regulation (EAR), or any other export laws and regulations as they may relate to the agreement between Bell and Customer. Bell and Customer agree to timely obtain the proper export authorizations that may be applicable to the agreement.
LIMITATION OF LIABILITY AND INDEMNIFICATION: THE CUSTOMER SHALL INDEMNIFY AND HOLD HARMLESS BELL AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, AND SUBCONTRACTORS FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, LOSSES, INCLUDING COSTS, EXPENSES, AND ATTORNEYS FEES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE GOODS AND/OR SERVICES PROVIDED UNDER THIS AGREEMENT. THIS INDEMNITY AND HOLD HARMLESS AGREEMENT EXTENDS TO ANY CLAIMS OF NEGLIGENCE, INCLUDING BELL’S OWN NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF EXPRESS OR IMPLIED WARRANTY, OR ANY OTHER THEORY OF LIABILITY ALLEGED AGAINST BELL FOR THE INJURY TO OR DEATH OF ANY PERSONS, DAMAGE TO OR DESTRUCTION OF ANY PROPERTY, INCLUDING POSSESSION, USE OR DISPOSITION OF CUSTOMER FURNISHED EQUIPMENT AND GOODS INCORPORATED INTO CUSTOMER FURNISHED EQUIPMENT, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE GOODS AND/OR SERVICES PROVIDED UNDER THIS AGREEMENT. THIS INDEMNITY AGREEMENT INCLUDES ALL SUCH CLAIMS, WITHOUT REGARD TO THE CAUSE OR CAUSES THEREOF AND WITHOUT REGARD TO WHETHER BELL’S ACTS ARE ALLEGED TO BE OR DETERMINED TO BE ACTIVE, PASSIVE, JOINT, COMPARATIVE OR CONCURRENT CAUSATION. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION TO THE CONTRARY, THE CUSTOMER SHALL NOT INDEMNIFY AND HOLD HARMLESS BELL AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, AND SUBCONTRACTORS FROM ANY LOSS, DAMAGE, OR CLAIM SOLELY CAUSED BY BELL AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, AND SUBCONTRACTORS OR CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF BELL AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, AND SUBCONTRACTORS.
CHOICE OF LAW AND JURISDICTION: This sale of training services shall be interpreted under and governed by the laws of the State of Texas, excluding its choice of law rules. In the event of any dispute or claim arising under, out of, or related in any way to this sale, the legal relationship between Seller and Customer, or the transaction that is the subject of this sale, the Parties hereby agree that any lawsuit or other legal action shall be filed in the courts of general jurisdiction for the State of Texas in the County of Tarrant or the Federal District Court of the Northern District of Texas, Fort Worth Division.
ENTIRE AGREEMENT: The Order along with these Terms and Conditions of Sales of Training Services applicable to Bell sales and constitute the entire understanding and agreement between the Parties with respect to the training services referenced and supersede all prior representations and understandings, whether oral or written, not set forth herein. No different or additional terms in the Customer's acceptance of these Terms and Conditions shall be a part of this Agreement, and Bell hereby objects to and rejects all such different or additional terms. This Agreement shall not be modified or interpreted by any prior course of dealing or usage of trade, or in any way unless other arrangements are made in advance and agreed to by Bell in writing.
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