4) This agreement is in addition to, and shall not derogate from any other agreement already executed or otherwise in force between the parties, although, if there is any inconsistency or contradiction between this agreement and any other arrangement, then, to the extent of such inconsistency or contradiction, the terms and conditions of this agreement shall prevail.
5) The Applicant consents to the AIA CEO or delegates making such inquiries as AIA believes necessary from any person or agency, for the purposes of this application and the continuing provision of accreditation status to the Applicant.
6) In consideration for the application for Accreditation, the Applicant hereby agrees:-
a) If an AIA Member, to be bound by the Constitution and Rules for the time being of the Aviation Industry Association of New Zealand Incorporated
b) To operate in accordance with, and to be bound by, the rules and standards detailed in the AIRCARE™ Accreditation Rules as amended from time to time;
c) To accept as final and binding, any decision taken in relation to accreditation by a duly convened meeting of the AIA Advisory Council;
d) To promptly pay all subscriptions and fees lawfully imposed by the AIA
7) The Applicant acknowledges and agrees that purpose of The AIRCARE™ Safety System Manual Guide (SSMG) is to provide guidance and information on standards, practices and procedures which the AIA considers consistent with the relevant parts CAR Part 100 and HSW Act 2015. Furthermore, the Applicant acknowledges and agrees that the guidance and material in the AIRCARE™ Accreditation Rules:
(a) is not intended to be the only means of compliance with a rule, where relevant, and are not exhaustive;
(b) does not detract from, and must be read in conjunction with, all relevant statutes, regulations and rules, the common law, and the relevant Civil Aviation Authority Advisory Circulars; and
(c) may be changed, from time to time, by updates being loaded on the AIA website and Accredited Participants will be alerted to this by the AIA’s regular e-mailed update, because of the changing nature of the environment and the laws.
8) The Applicant acknowledges and agrees that AIRCARE™ Accreditation Programme, and AIRCARE™ Accreditation Rules generally, are intended to provide accurate and adequate information pertaining to the subject matter, within the limitation of the size of that publication. Nevertheless, the SSMG and the AIRCARE™ Accreditation Rules have been prepared and are being made available to all relevant persons and entities strictly on the basis that, to the fullest extent permitted by law, its authors, and the AIA, its officers, employees and contractors, fully exclude any liability (including by negligence, and whether direct, indirect or consequential) by any or all of them in any way to any person or entity for or in relation to any loss, costs, claims, damage or expenses:
(a) in respect of or arising out of any reliance in part or full, by any such person or entity, upon any of the contents of the AIRCARE™ Accreditation Programme, for any purpose;
(b) arising in any way out of the AIRCARE™ Accreditation Rules, or out of the Applicant’s products, practices, processes, procedures, facilities or services the subject of Accreditation; and
(c) any negligent act or omission of AIA, its officers, employees, agents or contractors, including but not limited to profits lost and damage sustained or incurred as a result of any claim by a third person.
9) The Applicant for the AIRCARE™ Accreditation Programme indemnifies the AIA its officers, employees and contractors, from and against all losses, costs, claims, damages and expenses that AIA may sustain or incur as a result, whether directly or indirectly, of:
(i) any failure by the Applicant to adhere to the standards required in order to enable the applicant to achieve Accreditation;
(ii) any failure of the Applicant to adhere to the terms and conditions in the AIRCARE™ Accreditation Programme or the AIRCARE™ Accreditation Rules; and
(iii) any loss or damage to any property or injury to or death of any person caused by any negligent act or omission or wilful misconduct of the Applicant or its officers and employees, or arising out of or in connection with the applicant that is the subject of Accreditation.
10) The Applicant acknowledges and agrees that the AIA excludes from the SSMG. The AIRCARE™ Accreditation Rules and the AIRCARE™ Accreditation Programme all terms and conditions implied by statute, general law or custom, except any implied condition or warranty the exclusion of which would contravene any statute or cause any part of this paragraph to be void.
11) The Applicant acknowledges and agrees that no part of the AIRCARE™ Accreditation Rules, be adapted, modified, reproduced, copied or transmitted in any form or by any means including written, electronic, mechanical, reprographic, photocopying, or recording means. Furthermore, the AIRCARE™ Accreditation Rules shall not be stored in whole, part, adapted or modified form, in or for any retrieval system of any nature, except in accordance with the terms of the AIRCARE™ Accreditation Rules or otherwise with the written permission of the AIA. All rights to the AIRCARE™ Accreditation Rules are reserved to the AIA. The Applicant acknowledges that:
(a) the AIA is the owner of the copyright, know-how and other intellectual property rights in the AIRCARE™ Accreditation Rules, the AIRCARE™ Accreditation Programme and associated documentation; and
(b) no right, title or interest in the AIRCARE™ Accreditation Rules or AIRCARE™ Accreditation Programme procedures or the associated documentation is transferred to the applicant under this contract.
Voluntary Withdrawal
It is hereby agreed that the Applicant may voluntarily terminate this agreement at any time by providing written notice to the AIA CEO.
