Proponent warrants that each part shall at the time of delivery conform to the applicable original manufacturer’s specifications and description and be free from defects in material and workmanship on the terms set forth herein.
Customer’s remedy and Proponent liability, with respect to a defect in material or workmanship, is limited to repair or replacement of a defective part at Proponent option. Such remedies are conditioned upon: (i) discovery of a defect by customer on a part within Twelve (12) Months of delivery (ii) receipt by Proponent of written notice of a defect from customer no later than thirty (30) days after expiration of the applicable warranty period; (iii) prompt return of a defective part at customer’s expense to Proponent; and, (iv) sufficient information to substantiate customer’s claim. Customer’s shipping expenses will be reimbursed by Proponent upon confirmation by Proponent of the covered defect. Return to customer of a repaired or replaced part will be at Proponent expense.
Proponent shall not be liable under this Warranty for any defect resulting from a part having been exposed or subjected to: (i) Any alteration, modification, maintenance, repair, installation, handling, transportation, storage, operation or use that is improper or otherwise not in compliance with Proponent or the original manufacturer’s instructions, unless caused by Proponent; (ii) Any accident, contamination, foreign object damage, abuse, neglect, or negligence after delivery to buyer, unless caused by Proponent; or, (iii) Any damage precipitated by any part not supplied by Proponent.
Proponent further assigns to buyer any rights Proponent is provided as distributor of parts under any warranty provided by any original manufacturer of parts.
EXCLUSION OF LIABILITIES. THE WARRANTIES, OBLIGATIONS AND LIABILITIES OF Proponent AND THE REMEDIES OF CUSTOMER SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE. CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER WARRANTIES, OBLIGATIONS AND LIABILITIES OF Proponent, AND ALL OTHER RIGHTS, CLAIMS AND REMEDIES OF CUSTOMER AGAINST Proponent, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY NONCONFORMANCE OR DEFECT IN ANY PARTS OR OTHER GOODS PROVIDED UNDER THIS AGREEMENT OR ANY ORDER, INCLUDING BUT NOT LIMITED TO: (A) ANY WARRANTY OF MERCHANTABILITY OR FITNESS; (B) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; (C) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT; AND, (D) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OF OR DAMAGE TO ANY AIRCRAFT OR PART. Proponent WILL HAVE NO OBLIGATION OR LIABILITY, WHETHER ARISING IN CONTRACT (INCLUDING WARRANTY), TORT OR OTHERWISE, FOR LOSS OF USE, REVENUE OR PROFIT OR FOR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES WITH RESPECT TO ANY NONCONFORMANCE OR DEFECT IN ANY PARTS OR OTHER GOODS PROVIDED UNDER THIS AGREEMENT OR ANY ORDER.