- All items shipped at buyer’s risk. Seller’s responsibility for damage to items ceased when items delivered to the carrier or to buyer or to buyer’s agent at origin, whichever occurs earlier, at which time “delivery” to buyer was deemed to have been made.
- No returns will be accepted without Werner’s prior authorization and an RMA number. A 20% restocking fee will be charged on all returned merchandise.
- Standard warranty is 90 days from invoicing or 500 flight hours, whichever comes first. Warranty covers labor and parts replaced during last shop visit only and is subject to paragraphs 7-9 below.
- 5% finance fee per month will be imposed on payments over 30 days past due.
- Any disputes shall be determined in accordance with the laws of the State of New York, USA.
- If during the applicable warranty period, a defect in material or workmanship causes damage to a warranted part, or renders it unserviceable, Seller will either replace or repair, at Seller’s expense and option, any such damaged or unserviceable part to the condition it was in at the time the damage occurred. The cost of any replacement or repaired part which has a life limit established by the manufacturer or government authority will be shared pro rata by Seller and Buyer based upon the unused life of the damaged part at the time it was damaged.
- Seller’s warranty obligations described herein are subject to the following conditions and to the best of seller’s knowledge:
- The warranted part has been used under normal operating conditions as established by the manufacturer and has not been subject to misuse, mishandling, negligence, or ingestion of foreign material.
- The warranted part has been maintained in accordance with an FAA-approved Airworthiness Maintenance Program and Maintenance Manual (or equivalent government approved documentation for those Buyer’s operating under foreign registry) and with any written instructions provided by Seller and/or the original equipment manufacturer.
- Buyer, within the applicable warranty period or within 10 days of discovery of a malfunction, whichever is earlier, notifies Seller of its claim and the basis for such claim.
- The defective part is shipped within 10 days of the applicable warranty period to such location as Seller may designate in writing to Buyer within 5 days of receiving notice of the warranty claim.
- All transportation costs and risk of loss of warranted parts shipped for correction of defects to and from the facility designated by Seller are borne by Buyer.
- All documentations originally furnished by Seller with the part must accompany the return of the part for warranty consideration.
- The warranties set forth in this limited warranty provision and the obligations and liabilities of Seller thereunder, are expressly in lieu of, and Buyer hereby waives and releases Seller from any and all warranties, agreements, guarantees, conditions, duties, obligations, remedies or liabilities, express or implied, arising by law or otherwise, including without limitation any warranty of merchantability or fitness for intended use, with respect to Seller’s performance, hereunder and Buyer agrees that Seller will not be liable for any damage or loss (including, but not limited to, consequential damages) suffered by Buyer, directly or indirectly, whether in tort or contract, because of any defect in material or workmanship warranted hereunder. No agreement or understanding varying, altering or extending Seller’s liability hereunder will be binding on Seller unless in writing signed by a duly authorized officer or representative of Seller.
8. In no event will Seller’s liability under this warranty exceed the purchase price actually paid for the part.
9. Buyer hereby releases and agrees to defend, indemnify and hold Seller, its directors, officers, employees and agents harmless and against any and all liabilities, claims, demands, suits, damages and losses (including, without limitation all attorney’s fees, costs and expenses in connection therewith or incident thereto) for deaths of or injuries to any persons whom so ever (including, without limitation, Buyer’s employees) and for loss of, demand to, destruction of, or delay in the delivery of any property whatsoever including, without limitation, aircraft of Buyer in any manner arising out of or in connection with the parts subsequent to their delivery by Seller hereunder regardless of the negligence, active or passive, of Seller, its directors, officers, employees, or agents, Buyer will, at the request of Seller, negotiate any claim or defend any action or suit brought against Seller or in which Seller is joined as a party defendant based upon any matters for which Buyer has released and indemnified Seller hereunder.
10. In no event will Seller be liable for any special, incidental or consequential damages including but not limited to lost revenues, lost profit, or loss of prospective economic advantage, resulting directly or indirectly from this transaction or the use of the parts or any inability to use such either separately or in conjunction with other parts or equipment.
11. Buyer will pay and agrees to indemnify, defend and hold Seller harmless from any taxes, including, but not limited to, sales taxes, (except for a tax upon or measured by Seller’s net income) imposed by any taxing authority as a result of performance hereunder.
12. No modification of these terms and conditions shall be binding upon the parties hereto unless in writing signed by both parties hereto.