Curtiss-Wright Controls, Product Support, a business of Curtiss-Wright Controls, hereinafter referred to as “CWPS,” warrants its overhaul and repair services on aircraft accessories (“unit” or “units”) to be free from defects in workmanship, provided that the unit has not been subject to accident, abuse, or misuse, and that the unit has been operated in accordance with the manufacturer’s recommendations.
DEFINITION: “Defects,” as the herein, means a failure on the part of CWPS to conform to accepted industry practice as prescribed by applicable FAA regulation, manufacturer’s specifications, and the contract specifications.
MATERIAL: CWPS hereby gives to customer insofar as CWPS or customer is entitled, the benefits under parts warranties which may exist in favor of CWPS or customer by manufacturers, and will process warranty claims with manufacturers on customers’ behalf. Any allowance given by manufacturers on warranty claims will be credited to customer’s account promptly. The foregoing constitutes CWPS’ sole obligation and customer’s sole remedy against CWPS on account of any spare parts supplied to customer in connection with overhaul and repair services performed on units.
EXTENT OF WARRANTY OBLIGATION: The obligation of CWPS under this warranty is only effective when the following terms and conditions are met:
(1) OVERHAULED UNITS: The period of this warranty shall end eighteen (18) months after completion of the unit or twelve (12) months after installation, whichever comes first.
(2) REPAIRED UNITS: Warranted only to the extent of repair authorized by customer and performed as noted in CWPS report. The period of this warranty shall end eighteen (18) months after completion of the unit or twelve (12) months after installation, whichever comes first.
(3) WARRANTY PROCEDURE AND CONDITIONS: Customer shall deliver written claim arising during the warranty period to CWPS within forty-five (45) days following discovery of the claim defect and prior to the end of the warranty period; customer’s notice shall provide date of installation, date of circumstances of discovery of the claimed defect, and date of removal of unit along with the number of flight hours on unit. Eligibility of unit for warranty coverage is subject to CWPS determination: (a) that the unit has not been subject to accident, abuse, or misuse, and that the unit has been operated in accordance with manufacturer’s recommendations; and (b) that the CWPS seal(s) on the unit remains intact and has not been broken.
CWPS expressly warrants it overhauled and repair services in accordance with the foregoing provisions, provided however, that CWPS’ liability shall be strictly limited to CWPS repair or replacement of the units repaired or overhauled by CWPS and damaged as a result of such defect in CWPS workmanship. THIS WARRANTY IS IN LIEU OF, AND CUSTOMER WAIVES ALL OTHER WARRANTIES, OBLIGATIONS OR LIABLITIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE. THIS WARRANTY MAY NOT BE EXTENDED OR ALTERED EXCEPT IN WRITTEN BY A DULY AUTHORIZED AGENT OF CWPS.
LIMITATION OF LIABILITY: The sole exclusive remedies of customer are those specifically set forth herein CWPS’ maximum liability for any and all claims arising directly or indirectly from the performance of its obligations under any Agreement with Customer, including this Warranty, whether resulting from breach of contract, breach of warranty, tort, products liability, negligence or otherwise, shall not exceed the aggregate purchase price of the particular goods and services which are the subject of the claim. UNDER NO CIRCUMSTANCES SHALL CWPS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR LOSS OF BUSINESS OR PROFIT OR ANY OTHER ECONOMIC LOSS, OR ANY INCIDENTAL, EXEMPLARY, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF CWPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CWPS UNDERTAKING WITH RESPECT TO REPAIR PARTS USED IN OVERHAULS AND REPAIRS OF ITEMS: CWPS hereby extends to Customer, insofar as CWPS or Customer is entitled, the benefits under parts warranties which may exist in favor of CWPS or Customer from Item manufacturers, and CWPS will, without further obligation, submit warranty claims to such manufacturers on Customer’s behalf. Any allowance given by manufacturers on warranty claims will be credited to Customer's account promptly. The foregoing constitutes CWPS’ sole obligation and Customer’s sole remedy against CWPS on account of any spare parts supplied to Customer in connection with overhaul and repair services performed on Items.
EXCLUSION OF OTHER WARRANTIES AND OBLIGATIONS: THE FOREGOING SERVICE WARRANTIES AND UNDERTAKINGS OF CWPS ARE IN LIEU OF AND CUSTOMER WAIVES ALL OTHER WARRANTIES, OBLIGATIONS OR LIABILITIES OF CWPS, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING SERVICE WARRANTIES AND UNDERTAKINGS OF CWPS MAY NOT BE EXTENDED OR ALTERED EXCEPT IN WRITING BY A DULY AUTHORIZED AGENT OF CWPS.
