Admission of the Applicant as a Supplier will be subject to the following qualifying criteria:
(a) the Applicant must establish that it holds all regulatory approvals required to supply the applicable Aviation Fuel;
(b) the Applicant must:
- be able to deliver Aviation Fuels to the Facilities, to be supplied through the Facilities, sufficient to supply its customers' requirements in full and which meet the product specifications defined in the General Terms; and
- have access to a National Association of Testing Authorities approved laboratory testing facilities consistently and promptly to confirm such quality;
(c) the Applicant must demonstrate that it:
- adheres to JIG requirements and standards;
- is at all times capable of fulfilling the obligations of a Supplier under the General Terms including the financial requirements relating to Aircraft Refuelling liability;
- is technically able and has sufficient resources to be able to comply with the operating procedures and standards set out in the General Terms and complies with and adheres to EI1530/JIG requirements;
- has sufficient qualified employees or contractors to perform the obligations of a Supplier; and
- has insurance coverage or financial resources which is adequate to meet its obligations under the General Terms; and
(d) the Applicant must provide written confirmation to 'Sydney Airport (SYD)' that:
- it will enter into the Framework Agreement;
- it will enter into the Indemnification Agreement;
- it will provide such Security as required by SYD to support the Applicant's obligations under the Framework Agreement;
- it (or it's airline customers) has appointed (or will appoint before becoming an active supplier of aviation fuel through the Facilities), and provide SYD with the name(s) of, an ITP service supplier to service its customers and, where required by SYD each such ITP Service Supplier has entered into or will enter into a JFI Facilities Usage Agreement with SYD;
- it has (or will have before becoming an active supplier of aviation fuel through the Facilities) a written contract or other form of binding commitment with one or more airline operators to supply aviation fuel on-Airport to such airline operators; and
(e) any other qualifying criteria for Suppliers specified in writing by SYD from to time to time.
SYD has entered into JFI Facilities Usage Agreements with a number of ITPs to provide them access to the airport and its fuel facilities. While SYD has taken due care to ensure that ITPs meet the qualifying criteria, SYD is not responsible for and does not vouch for or provide any warranty in relation to any services provided by any ITP, and will therefore not be liable for any loss (including consequential loss) that is caused by, or in any way related to, an ITP. Each fuel supplier or airline must conduct its own due diligence or seek independent advice (if necessary) prior to engaging an ITP.
Definitions
Applicant means any person desiring to supply Aviation Fuel through the Facilities.
Aviation Fuel has the meaning given in the General Terms.
General Terms means the General Terms and Conditions - Fuel Storage and Delivery Services provided by SYD to the Applicant with this Application.
Indemnification Agreement means an indemnification agreement in the form provided by SYDL.
ITP Support Facilities means the office building and parking, truck parking, workshop and diesel fuelling facilities located on the Storage Site.
JFI Facilities Usage Agreement means an agreement under which, among other things, SYD licences the relevant party to access ITP Support Facilities.
Security means financial security in the form and amount as notified by SYD to the Applicant from time to time.