Rev. 2025-1
Seller warrants to Buyer that (a) following performance by Buyer of its obligations hereunder, at time of delivery, Seller will transfer to Buyer good title to the Goods sold hereunder free and clear of all liens and encumbrances (other than any liens or encumbrances arising in the ordinary course of business or created by Buyer), and (b) Goods sold hereunder will be in the condition set forth on the shipping documents, with FAA 8130-3, manufacturer’s certificate of conformance, EASA Form One or FAA 145 serviceable tags as applicable, and (c) Seller warrants that the Goods sold hereunder will be free from defects for the warranty period set forth below, commencing on the ship datefrom Seller, and based on the condition of the Goods stated on the invoice:
Condition of Part for Sale | Warranty Period |
New | 12 months |
Overhauled | 12 months |
Serviceable | 6 months |
Tested/Inspected | 6 months |
Repaired | 6 months |
Serviceable As-Removed | 30 days |
As removed | 30 days guaranteed repairable |
Consumables | None |
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. Any inspection or damage failure claims must be made within 15 days of shipment. Any other alleged failure claims must be made within 15 days 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 does not guarantee replacement parts will be available at all or at the same price as the original sale. Buyer shall be responsible for the cost of any replacement part until credit for the allegedly failed part is issued. 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 Goods involved in an accident or incident, APUs, windscreen/windshields, and/or engine purchases or exchanges. The warranty for APUs and engine purchases or exchanges will be as set forth in the applicable purchase agreement, exchange agreement, quote or purchase order terms and conditions. As removed parts may be sold guaranteed repairable. Any RMA request must be received within 30 days from the ship date, and will require a detailed repair shop quote with pricing to validate repair status. It is the customer’s responsibility to include a commercial invoice with any international returns. For the avoidance of doubt, Seller shall not be the importer of record in any country in connection with any such return.
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.
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