Service / Support
Service / Support Warranty | Limited Warranty |
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Stephanie Salinas (a) Except as limited below, Seller warrants each new aircraft and the parts [as defined in (g) below] manufactured by Mooney Airplane Company, Inc. [herein called the “Manufacturer”] to be free from defects in material and workmanship under normal use and service. Seller’s sole and exclusive obligation under this warranty is limited to replacing or repairing Parts that, at the time of any repair or replacement, shall have been recognized by Seller as defective in the sole discretion of Seller, provided the alleged failure therein shall have occurred within the following time limits: 1) With respect to aircraft and optional equipment manufactured by the Manufacturer, within thirty-six (36) months or six hundred (600) hours as per stated on the hour meter after delivery to buyer, whichever comes first. Such parts included all aircraft parts except the consumable such as but not limited to oil, fuel, additives, all parts subject to wear and tear such as not limited to tires, batteries, seals, filters, “O” rings, hoses, brake pads, light bulbs, and cosmetic and touch ups on paint, leather and upholstery, as well as cleaning and detailing; the engine, the avionics and the propeller have a separate warranty that is documented and attached elsewhere as per in (k); 2) With respect to spares, within six (6) months after delivery to Buyer. (b) The Warranty on the repaired or replaced Part is the longer of (i) the warranty period remaining on the original defective part or (ii) six (6) months. Performance of warranty work will not extend or renew the original warranty period on unaffected Parts or the aircraft. (c) As soon as possible, but within thirty (30) days after the date Buyer discovers or should have discovered a Part failure, Buyer shall return the allegedly failed Part or Parts to Seller’s facility freight prepaid. Prior to or concurrently with shipment of any allegedly failed Part or Parts, Buyer shall furnish to Seller in writing full details of Buyer’s claim and the basis thereof. Risk of loss for transportation of Parts to Seller shall be borne entirely by Buyer. Once Seller has acknowledged such Part or Parts failure, any labor expenses incurred by Buyer for the removal, return, re-installation and related costs and expenses with respect to such Parts or Parts including transportation cost by normal service carrier to and from Seller’s facilities, shall be reimbursed by Seller to Buyer as allowed by the Aircraft Manufacturer’s Warranty Labor Allowance Rate then in effect. (d) This warranty shall apply only to the extent the aircraft and the Parts installed therein are operated and maintained in accordance with the instructions contained in the Flight Manual, the Maintenance Manual and the Seller’s technical service bulletins and revisions thereto and , with respect to spares, only the extent they are properly stored and installed, operated and maintained in accordance with the Maintenance Manual and revisions thereto and other technical documentation supplied by Seller to Buyer. (e) If Buyer modifies any aircraft or Part sold hereunder in any manner for which Buyer has not received the prior written approval of Seller, such modification shall cause this warranty to terminate and be of no further force and affect. (f) This warranty shall not apply to any aircraft or Part, which has been repaired or altered outside Seller’s factory in any way so as, in Seller’s sole discretion, to affect its stability, safety or reliability, or which has been subject to misuse, common neglect, abuse, negligence or accident. (g) The word “Parts” as used in this Sale Agreement means a proprietary part manufactured by the Manufacturer. (h) This warranty may not be extended, enlarged, altered or varied unless a written agreement to that effect is executed by Buyer and Seller. This warranty is granted to Buyer personally and shall not be assigned by Buyer without Seller’s prior written consent. (i) THIS WARRANTY IS MADE EXPRESSLY IN LIEU OF (i) ALL OTHER WARRANTIES INCLUDING, BUT NOT LIMITED TO, STATUTORY, EXPRESS OR IMPLIED WARRANTIES [INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE] AND (ii) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN CONTRACT OR TORT, INCLUDING PRODUCT LIABILITIES BASED ON STRICT LIABILITY OR NEGLIGENCE, ACTUAL OR IMPUTED. THE RIGHTS AND REMEDIES PROVIDED HEREIN ARE EXCLUSIVE IN CONNECTION WITH THE SALE OF SELLER’S PRODUCT(S) AND THE STATED EXPRESS WARRANTY PROVIDED HEREIN IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF SELLER FOR DAMAGES OF ANY TYPE INCLUDING, BUT NOT LIMITED TO, ALL SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND ALL LOSS, DAMAGE OR EXPENSE ARISING OUT OF OR IN CONNECTION WITH THE USE, LOSS OF USE OR PERFORMANCE OF SELLER’S PRODUCTS, LOSS OF ANTCIPATED PROFITS, INCREASED OPERATING COSTS, COSTS OF CAPITAL, AND CLAIMS OF CUSTOMERS OF BUYER, AND DAMAGES FROM ANY OTHER CAUSE EXCEPT AS SPECIFICALLY CONTAINED IN THIS WARRANTY. (j) Seller’s warranty shall not be enlarged, diminished, or affected by, and no obligation or liability shall arise out of Seller’s rendering technical advice, assistance or service in connection with the Products purchased hereunder. (k) Attached are extracts of the terms and conditions of the warranties provided (a) on the engine, (b) on the avionics, and (c) on the propeller. |
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