Terms of Business
PROLINK Terms of Business
Terms of Business for Aircraft Leasing and Sales Brokerage
1. Scope of Services
These Terms of Business govern the services provided by PROLINK Aviation LLC (“Broker”) to its clients (“Client”). The Broker acts as an intermediary to facilitate the leasing, sale, or acquisition of aircraft, including negotiating terms and conditions with lessors, lessees, or third parties.
2. Exclusivity
Unless otherwise agreed in writing, the Broker shall have an exclusive mandate to act on behalf of the Client for the specified transaction. This exclusivity ensures the Broker is the sole party authorized to negotiate and finalize leasing arrangements for the Client during the mandate period.
3. Fees and Compensation
For Aircraft Leasing:
- The Broker’s compensation shall be determined as follows:
- A monthly lease fee markup, as agreed with the lessor, through a brokerage agreement.
- In the absence of a lease markup, alternative compensation will be negotiated with the Client.
- All fees must be outlined and agreed upon in a signed engagement letter or agreement.
- Advance payments, if applicable, shall be determined on a case-by-case basis.
For Aircraft Sales:
- Fee equal to (a percentage to be agreed between the parties) of the Aircraft sale value for any aircraft sales / purchase, paid by client.
4. Confidentiality
Both parties agree to maintain the confidentiality of all information shared during the course of the engagement, including but not limited to financial details, client identity, and transaction terms.
5. Client Obligations
- The Client agrees to provide accurate and complete information necessary for the Broker to perform its services.
- The Client will promptly communicate any changes to their requirements, budget, or operational needs.
6. Broker Obligations
- The Broker shall use reasonable efforts to identify suitable aircraft and negotiate favorable terms for the Client.
- The Broker does not guarantee the availability of specific aircraft or leasing terms and is not liable for the failure of third parties to perform.
7. Dispute Resolution
In the event of a dispute, both parties agree to attempt to resolve the matter amicably. If a resolution cannot be reached, the matter will be referred to arbitration in accordance with the laws of United Kingdom.
8. Limitation of Liability
The Broker is not liable for:
- Any failure of lessors or lessees to fulfill their contractual obligations.
- Any financial losses or operational delays resulting from third-party actions.
- Any indirect, consequential, or incidental damages.
9. Termination
Either party may terminate the engagement with 60 days written notice, provided no ongoing negotiations or active agreements are in place. Any fees due for services rendered prior to termination will remain payable.
10. Governing Law
These Terms of Business are governed by the laws of United Kingdom. Any disputes will be subject to the exclusive jurisdiction of the courts in that jurisdiction.
11. Amendments
These terms may only be amended or modified in writing, signed by both parties.
12. Acceptance
By engaging PROLINK Aviation LLC, the Client acknowledges and agrees to these Terms of Business.
Why PROLINK?
PROLINK team of experienced anviation professionals are former and current industry leaders and executive with in-depth hands-on experience. With global and well established industry contacts, our team can provide our clients with accurate, cost effective and regulatory compliant solutions to many of the industry’s operational and management challenges.