On Site Support (OSS) Terms and Conditions

HR-PR-C002 Rev C

This policy is in regard to AERODYN ENGINEERING, an Delaware Limited Liability Corporation (herein referred to “AERODYN”) with a place of business located at 1919 South Girls School Road, Indianapolis, IN 46241 and applies to all customer site support that will utilize Aerodyn personnel as the resource on site.

Confidentiality

Aerodyn recognizes that during its course of on site support at our customer’s facility, it may have access to or obtain knowledge of items that our customers consider secret, confidential technology, trade secret, proprietary information, or knowledge concerning the projects upon which Aerodyn is working. This information is considered valuable, special, and unique to each of our customers.  Aerodyn agrees that it will not, at any time or in any manner, either directly or indirectly, use such information for its own benefit, or divulge, disclose, communicate or permit to be disseminated such information to any third party, without our customer’s written consent.

Fees & Expenses

    Aerodyn adapts to our customer’s requirements as we understand test and field support can fluctuate daily. Therefore, all of Aerodyn’s quotes are issued as Time and Material estimates. Invoices will be submitted corresponding to actual costs incurred. 

    Labor shall be billed on a per hour basis. Labor rates may vary based on position and skill set.

    • Regular and overtime hours are billed at the standard rate
    • Holiday support hours are billed at double the standard rate
    • Aerodyn will bill based on time required at customer location
      • Weekdays (Mon – Fri) will be billed at 8 hours per day or actual time worked for that day, whichever is higher.
      • Weekends (Sat and Sun), standby, or any other downtime will be billed at 8 hours per day or actual time worked for that day, whichever is higher.
      • If multiple days of downtime are presented, Aerodyn will make every effort to transport personnel home if this is less expensive than staying on site.  This will result in lower costs to the customer and is common for domestic travel on weekends.
    • Materials purchased during preparation or while on-site for the job are billed as cost plus mark up %.
    • Travel time, Airfare, hotel, and car rental costs are billed at cost plus mark up.
    • Airfare will be billed at business class rates for any leg of a trip longer than an 8-hour duration.
    • Meal per diem for personnel are billed according to Aerodyn set per diem rates.

    If support carries over into multiple months, Aerodyn will invoice at the same determined date each month for accurate financial tracking.

    Work Conditions and Safety

    Fatigue after extended hours per day or per week can be an issue that compromises the quality of work and the safety of the technician himself, those around him, and the entire program.  To protect against this, Aerodyn imposes the following limitations:

    • Hours worked each day will be limited to 13, and hours worked per week will be limited to 70.
      • On-call time shall be limited to a predetermined time period of 13 successive hours each day.  This means that the customer may choose to have the technician be on-site working OR stay off-site ready to work (and not pay for that time).  The technician will not be available during the time period where he/she is not on-call.  The customer may shift this time period for each day a reasonable amount with a reasonable amount of warning.  If this limitation is too restrictive or risky for the project’s schedule, it is the responsibility of the customer, PM, and on-site technician to plan ahead and gain additional support if needed.

    Consequential Damages

    In no event shall Aerodyn be liable for consequential damages including but not limited to loss of profits incurred by one another or their subsidiaries, parent companies, affiliated companies, regardless of whether such claim is based upon alleged breach of contract, willful misconduct or negligent act or omission, whether professional or non-professional, of either of them of their employees, agents, or subcontractors.

    Compliance

    Customer shall be responsible for safety, related to and during the performance of work on customer facility. All applicable laws, ordinances, rules and regulations relating to customer’s work site shall be communicated to Aerodyn.

    Contact

    Customer shall provide technical and contractual contacts responsible for work completed on site.