Into-aircraft Aviation Fuel Supply Agreement

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Название	Into-aircraft Aviation Fuel Supply Agreement
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Fuel Delivery Order

Any fuel to be supplied shall be consistent with standards of Russian Federation and carry Russian compliance certificate.
Any fuel shall be prepared in accordance with FEA-CA TNS operational requirements prior delivery to the Buyer’s A/C. In case of any requirement initiated by FEA-CA will change the procedure of A/C refueling in Russia which can impose restrictions connected with such fuel realization, the Seller have to inform the Buyer herein. In such case the Buyer shall approve in written prior the supplying it’s A/C with such fuel.

The Seller’s laboratory shall control the fuel quality which delivering to Buyer’s A/C in accordance with any physical rates indicated in TNS and sphere of activity estimated during certification in Russian Civil Aviation System. Subsequent to the results of fuel quality control, the Seller’s laboratory shall issue Fuel Quality Passport thereafter shall be issued the control fuel coupon.

The Buyer have to grant the information about planned monthly fuel volume to the Seller in written or via e-mail at least 5 days prior the beginning of the refueling month. Also the Buyer shall inform the Seller about all planned changes in fuel volume at least 5 days prior.

The Buyer undertakes to ensure that LDM message which sending during flight operations to Koltsovo Airport contains the section SI (Special Info) including the following:

“Take off fuel” - fuel volume onboard during departure of any flight from Koltsovo Airport
“Trip fuel” – fuel discharge of any flight from departure airport to Koltsovo Airport
“Take off fuel” – fuel volume onboard during departure of any flight from Koltsovo Airport to destination airport

Such information is required for the tanker’s prompt approach and into-plane delivery to Buyer’s A/C in accordance with Technological schedule of A/C services. In case it shall no such information from the Buyer and the next refusal from refueling after tanker’s approach, the Buyer shall undertake to cover cost of the tanker’s approach to A/C. The cost of tanker’s approach to A/C without any into-plane delivery shall be depended on Seller’s Price Reference.

The Seller has to assure into-plane deliver to the Buyer’s A/C in time and take all measures for avoidance of flight delay excluding situations indicated in the item 12.9 of the Agreement. If the Buyer’s A/C arrives before estimated flight arrival, delaying or operating flight out of schedule, then the Seller shall try to arrange into-plane delivery in accordance with effective Technological schedule of A/C services in Koltsovo Airport in minimum period without any dislocating of approach priority and without any barrier for A/C services by the third parties participative in preparing of A/C departing. A/C has been arrived in accordance with the schedule shall has the priority in services arrangements previous to A/C arrived with deviation from the schedule.

The Buyer has to assure an accomplishment by flight and technical staff the terms and procedures established in Russian Federation, connecting with refueling and defueling and Seller’s regulations (herein the Sellers’ regulations is the effective legal and local acts which Seller shall follow during services arrangements in accordance with the Agreement).

The Buyer has to ensure the prompt signing and receiving of the A/C fuel delivery order (at least 5 minutes after refueling completion) particularly it shall be filled correctly in accordance with terms of the Agreement. Also the Buyer has to provide necessary requested information to the Seller’s staff for its indicating in the A/C fuel delivery order.

The Buyer representative and any crew member has the power of attorney to sign and receive A/C fuel delivery orders (according the letter of attorney). During signing and receiving of the documents the Buyer has to ensure by its staff printing full name and title, providing documents of identification and letters of attorney.

The Seller has to perform refueling in accordance with effective requirements established by FEA-CA, as well as with the requirements and restrictions effective at the airport’s area introduced by the Chief Operator.

The responsibility for any fuel loss in terms of quantity and quality shall be passed to the Buyer at the moment of the fuel transition through an aircraft ferrule of the A/C refueling system by “closed” type of refueling or through fuel tank filler neck of refueling A/C during the “open” type of refueling.

The Buyer shall accept the liter-meter’s registration of the A/C refueling tanker as authentic registration of the fuel quantity. Measuring equipment for A/C fuel shall not be the measuring equipment for the quantity definition of A/C fuel.

Before the refueling of the A/C in PA the Seller shall provided a Control Fuel Coupon to the Buyer whereby to perform refueling of the Buyer’s A/C by the specific RT.

The Seller shall apply its procedures for checking of the fuel quality and pureness with implementation of TNS regulation as well as work methods however supposed that these procedures and work methods shall not be caused impairing the operations safety or fuel quality control with specified requirements by FEA-CA.

A/C fuel tanker shall approach to the PA where the Buyer’s A/C is staying only after an obtaining of a permit from Buyer representative.
The Seller shall not begin the Buyer’s A/C refueling till the moment when he receive a demand from the Buyer representative or if the Buyer representative shall not onboard or in the service area. The Seller shall provide necessary quantity of fuel orders as has been agreed with the Buyer.

The Seller’s staff having a relevant certificate issued by the Chief Operator shall perform guidance of a fuel tanker approach (departure) to A/C to the PA. Herewith the Buyer representative shall have a right to control actions of the Seller’s staff. If the violations shall be disclosed the Buyer representative shall demand its clearing or stop maneuvering of the fuel tanker to A/C PA.

4.18. The Seller shall specify fuel density and temperature de-icing fluid data if it shall be added to a fuel, in the Control Fuel Coupon issued to each FT and executed by the Seller while preparing fuel for refuel aircraft. The Seller shall determine fuel density at least three times per 12-hour shift, i.e. at the beginning, in the middle and in the end in the samples selected from its store holders, i.e., from holders producing fuel.

In case of any emergencies, the Buyer shall stop A/C refueling, isolate A/C power and call to the Chief Operator’s SPASOP fire rescue team to the A/C PA. In this context, Seller representatives shall disconnect dispensing hoses and grounding cables, remove chocks, and take the RT out of service area in the distance at least 75 meters from the A/C.

4.20. The Buyer shall be solely responsible for operate with all onboard switches change over for a presetting quantity of fuel to the A/C systems and for a fuel distribution to fuel tanks and the A/C center-of-gravity.
4.21. The Seller shall not provide to the Buyer with any services associated with the operations that indicated in item 4.20 in case the Buyer is not able to perform the operations that indicated in item 4.20 (e.g., flight operation by reduced crew, etc.), the Buyer shall conclude the Agreement with third party preliminary for providing of these services.

During regular flight operations planning to the airport of Chief Operator, the Buyer shall train technical staff of Chief Operator at its own expense and shall arrange necessary work permissions (issue authorization document), connected with the Buyer’s A/C refueling, requested manual (remote) fuel distribution to A/C tanks.

4.22. A/C refueling process shall be control by both Parties. The Seller shall refuel the Buyer’s A/C only in organized and indicated PA in the airport of Chief Operator and in accordance with the following terms:

The Buyer’s A/C placed in PA in accordance with marking and in the indicated borders of PA;
PA shall equip with grounding arrangements (ground jacks) for refueling tanker and A/C and/or the locations of ground jacks shall cleaned from dirt, snow and ice;
PA shall be lighted at night;
PA shall complete with intact steps in accordance with handled A/C type (when under the terms of refueling need connect and disconnect of refueling end lug to/from onboard refueling ferrule of A/C);
PA shall have place for special transport’s stop, from which shall performed approach of refueling tanker to PA of A/C;
A/C shall have technical intact reception ferrule of refueling, which provide normal (not less than 1000 liters per minute) refueling speed;
The Buyer in written or via e-mail shall inform the Seller about connection channels for operative matters decision connected with the Buyer’s A/C refueling.

In cases when reception ferrule shall not provide normal refueling speed and therefore the refueling time of requested fuel quantity objectively exceed the period envisaged for such A/C type by technical schedule of Chief Operator’s airport, the responsibility for any delay of A/C flight readiness and for any negative implications shall fall to the Buyer.

In the absence of terms listed above, the Seller have a right to deny refueling service to the Buyer until the Buyer resolve the issue with Chief Operator about securing acceptable conditions for refueling the Buyer’s A/C in such PA or in other PA in Chief Operator’s airport. At that, service delay and/or flight delay shall fall to the Buyer as not provided suitable terms for safe handle its A/C in the airport of Chief Operator.

In case, if the Buyer in accordance with the Chief Operator shall situate A/C for handle in PA, which base widths shall be less than established for such A/C type and/or marking-out of PA by the lines of horizontal marking shall not respond TNS, then the Seller shall agree to refueling such A/C, but hereby all responsibility for conceivable breakdowns of A/C, while A/C serviced in such PA shall rest on the Buyer.

4.23. Execution of data about fuel quantity that refueling any A/C shall be documented by the Seller on a blank form of “Aircraft Fuel Delivery Order “, filled with all columns and indicated all details in PA after A/C refueling. In case more than one RT shall use for any A/C refueling, Aircraft Fuel Delivery Order shall be executed to each RT involved in refueling. Based on Control Fuel Coupon issued by the Seller to each RT, in Aircraft Fuel Delivery Order shall record:

Grade of fuel
Percentage of de-icing fluid
Consistence of fuel and de-icing fluid
Control fuel coupon number
Based on A/C fuselage’s superscription and/or wing of A/C in Aircraft Fuel Delivery Order shall record:
Type of craft and tail number
Name of airline company
Flight number based on the daily flight plan of the Chief Operator’s airport
Start time and end time of refueling
RT number

In case of any other tokens of payer are in place, the Buyer representative shall inform about it the Seller representative before the moment of filling in Aircraft Fuel Delivery Order.

The quantity of dispensed fuel shall be stated in liters, based on response of a RT-mounted liter-meter. In case of any divergences between responses of RT’s liter-meter and an A/C metering devices, the response of a RT’s liter-meter shall be deemed correct.

The weight of dispensed fuel and dispensed de-icing fluid in kilos shall be recorded in Aircraft Fuel Delivery Order at the time of accounting treatment of such documents.

Any Aircraft Fuel Delivery Order shall be executed in 4 carbon paper copies, the Buyer’s facts in Aircraft Fuel Delivery Order shall be entered by any member of A/C crew or the Buyer representative, and a tabular data shall be entered by the Seller employee.

Any Aircraft Fuel Delivery Order shall be signed as follows: the “fuel received by” column shall be signed by any member of A/C crew or the Buyer representative, “fuel dispensed by” column shall be signed by the Seller employee, “filled by” column shall be signed by the Seller employee.

Copies of any Aircraft Fuel Delivery Order shall be distributed between the Parties immediately after A/C refueling as follows: one copy (original) shall be handed over to a Seller employee, a second copy shall be handed over to any member of A/C crew or a Buyer representative, a third copy shall be handed over to a Seller employee (for onward handover to a customs office, if required) and a forth copy shall be handed over to a Seller representative (after processed of a copy by the Seller’s accounts department, such copy shall be handed over to the Buyer).

In case neither member of an A/C crew nor a Buyer representative shall present during A/C refueling unreasonably refuses to sign and/or receive Aircraft Fuel Delivery Order and/or documents evidencing TJE (turbojet engine) residue drainage on time specified in item 4.8, such Aircraft Fuel Delivery Order shall be signed unilaterally by the Seller and Seller employees (a committee consisting of a driver of the Seller’s special vehicle and the Seller’s Senior Shift-Head) shall draw up a statement of fact of that effect. Aircraft Fuel Delivery Order unilaterally signed by the Seller in the above, shall be valid and binding on the Parties

The following shall be unreasonable: refusal without explanation of causes, refusal in violation of the terms and conditions of this Agreement and/or provisions of FEA-CA.

In case of any refusal of documents receipt, such documents shall be sent to the Buyer by registered mail without listing of contents and shall consider as delivered on the sixth day following its posting.

4.24. The Buyer representative have a right to require from the Seller’s authorized person of re-issue of the Aircraft Fuel Delivery Order, if any mistakes or inaccuracies arising through the Seller’s fault are identified therein right at the location of its execution (issuance).

In such case, authorized persons from the both Parties’ shall be equally responsibility for correctness and completeness of execution of the Aircraft Fuel Delivery Order after its signing.

4.25. In case either Party or both Parties have identified any manifest errors (inaccuracies) and/or data discrepancies in Aircraft Fuel Delivery Order in the course of accounting processing (validation), the Parties shall amend the same as agreed between them.

4.26. In case either Party loses Aircraft Fuel Delivery Order previously executed, the Party having a copy of the lost document shall make a copy of such document, attest it under a signature of its chief executive and its corporate seal, and deliver it to the other Party in accordance with the letter.

The Seller hereby notifies the Buyer that the Chief Operator has control functions within the territory of Koltsovo Airport and that its requirements are binding on the Seller and the Buyer.

The Seller in any case comply with OCC directive requiring it to stop and/or suspend refueling and/or notifying of its RT arrival time to the Buyer’s A/C for the purpose of refueling and also departure time of RT from A/C after refueling. The Seller also shall record such OCC directives in writing or electronically in a dedicated log.

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Into-aircraft Aviation Fuel Supply Agreement

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