Buyer’s order (“Order”) shall be subject to and governed solely by these Standard Commercial Terms and Conditions (“Terms and Conditions”). Except as expressly provided in section 9, any terms or conditions set forth on any documents or terms used by Buyer, including but not limited to pre-printed terms and conditions on purchase order documents, and any communications (written or oral) between the parties that are inconsistent with, or are not included within, the Terms and Conditions contained herein, shall be of no force or effect unless signed by an authorized representative of JSSI Parts, LLC (“Seller”).
|Condition of Part for Sale||Warranty Period|
Written notice of any warranty claim must be provided as soon as possible following the discovery of the basis of the claim, using the return material authorization in section 6 above. Warranty claims must be made within 15 days of from discovery of the alleged defect. Seller will review the warranty request after the Goods are received at Seller’s designated location, and for approved warranty claims, Seller will provide replacement Goods, repair of the returned Goods, or refund the amount paid, as Seller may elect in its sole discretion; provided, that, with respect to Goods constituting a life limited part, any refund in accordance with the foregoing warranty shall be reduced on a pro-rated basis taking into account the life of such part consumed by the Buyer, and any replacement part shall be in reasonably comparable condition to the part as of the time of return. Seller may send Goods to a vendor for confirmation of failure before making a final decision on the Buyer’s claim. To the extent assignable, Seller hereby assigns to Buyer any warranty provided to Seller by the vendor thereof. For the avoidance of doubt, the foregoing warranty shall not apply to APU, windscreen, and/or engine purchases or exchanges. The warranty for APU and engine purchases or exchanges will be as set forth on the applicable purchase agreement, exchange agreement or purchase order terms and conditions.
Notwithstanding anything to the contrary, (i) the foregoing warranty is given by Seller and accepted by Buyer in place of all other express, implied or statutory terms, representations, warranties or conditions, in contract or in tort, including without limitation, any warranty or condition of merchantability or fitness for a particular purpose, in connection with any defect, non-conformity to the applicable specification and any patent infringement, and all such other terms, representations, warranties or conditions are hereby expressly disclaimed, and (ii) the only remedy for breach of the warranty is as set out herein. For greater certainty, in no event shall Seller be responsible for any special, incidental or consequential damages arising out of or in connection with either a breach of such warranty or for patent infringement, or any tortious or negligent act or omission by Seller. Special, incidental or consequential damages include, without limitation, economic loss, lost profits, loss of use, loss or damage to any property or person or any other exemplary or punitive or similar damages.
No variation or extension of the foregoing warranty or associated remedies shall be binding unless in writing and signed by a duly authorized representative of Seller. Buyer’s acceptance of the foregoing or the making of any claim or receipt of any benefit thereunder, constitutes Buyer’s acceptance of all the foregoing terms, conditions and limitations.
In no event shall Seller’s liability exceed the price on the face of the Order, whether based in contract, strict liability, fault, tort, or any other right.
Notwithstanding anything to the contrary set for herein, Seller shall be relieved of all of warranty obligations if:
a. Buyer maintains, operates, or permits operation of the Goods other than in accordance with the applicable manufacturer’s operating and maintenance instructions, or other than in accordance with an approved maintenance program for the Goods (if applicable);
b. Buyer accomplishes or has accomplished by agencies other than by Seller, the repair or replacement of all or any portion of Seller’s warranted Goods without notifying and obtaining Seller’s consent in writing;
c. Buyer accomplishes or has accomplished by agencies other than Seller, repairs, alterations, modifications, replacements or overhauls of the Goods and if such repair, alteration, modification, replacement, or overhaul is determined to be the cause of such defect;
d. The Goods are operated subsequent to (1) their involvement in any accident or incident, or (2) the discovery of a defect that would give rise to a warranty claim hereunder; or
e. Seller is notified in writing of any defect in Seller’s warranted services after the expiration of the applicable warranty period.