Terms & Conditions
5Lien
- 5.1So long as an aircraft (or aircraft), or any parts and accessories or any vehicle are located at the Aerodrome or upon any land under the control of the Company, the Company shall have a contractual lien, both particular and general over the aircraft, its parts and accessories and any vehicle for all charges, costs, fees or any other liabilities of whatever nature which are due and payable to the Company in respect of that aircraft, or any other aircraft of which the Operator is the Operator at the time when the lien is exercised. The lien shall not be lost by reason of the aircraft departing from land in the control of the Company but shall continue to be exercisable at any time when the aircraft or any other aircraft of the Operator has returned to and upon any such land so long as any of the said charges, costs, fees or other liabilities, whether incurred before or after such departure remain unpaid.
- 5.2The Company shall be entitled to levy fees incurred in respect of the any aircraft or property for storage or otherwise during the period of exercise of the lien and the Company may further exercise a lien in respect of unpaid charges, costs, fees or other liabilities as it sees fit.
- 5.3If charges, costs, fees or other liabilities in respect of which a lien is exercised remain outstanding, the Company shall despatch by ordinary post to the Operator at his address hereon and the Registered Owner of the aircraft at his address on the appropriate Register in the State or Registration a notice demanding payment within 14 days of delivery of the letter. In the event that payment remains outstanding thereafter, title in the liened aircraft or property shall vest in the Company and the Company may at its entire discretion sell, dispose of, remove or destroy such aircraft or property. In the event of a sale or disposition the Company shall be under no duty to obtain the best possible price and may apply the proceeds in discharging any sum due to the Company and any fees, expenses or costs incurred in connection with the disposal of the aircraft before accounting for any balance to any party so entitled.
- 5.4The exercise by the Company of the powers set forth in this Clause 5 shall be without prejudice to the exercise of any other powers exercisable by the Company by virtue of statute or otherwise.