1.All items sold hereunder shall be of new manufacture unless otherwise specified in the Buyer’s purchase order. Derco warrants that at time of delivery to Buyer, and for the following periods thereafter, all such items sold shall be of good quality, free of defects in material and workmanship, and conform to the original manufacturer’s and/or prevailing U.S. Government specifications or drawings, including all technical requirements:
Those time frames include:
| (a) |
Factory new condition items for a period of one (1) year or one thousand (1,000) operating hours after delivery, whichever shall first occur; |
(b) |
Overhauled condition items for a period of six (6) months or five hundred (500) operating hours after delivery, whichever shall first occur; |
(c) |
New Surplus and Serviceable condition items for a period of three (3) months or two hundred fifty (250) operating hours, whichever shall first occur; |
| (d) |
Repairable condition items are sold on an “as is” basis only, and are non-returnable.
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Derco’s liability and Buyer’s remedy under this warranty is limited to repair, replacement, or refund, at Derco’s option, of any items which have failed to comply with this warranty.
2. Notice of an alleged defect shall be given by Buyer to Derco within thirty (30) days after discovery thereof, and such notice(s) shall contain detailed particulars setting out the nature and ground of the claim. Transportation charges for the return of such defective parts to Derco and its reshipment to Buyer and the risk of loss thereof will be borne by Derco only if returned in accordance with written shipping instructions from Derco.
| (a) |
If the aircraft component in which the item is fitted has not been operated, maintained, overhauled, or stored in accordance with the manufacturers' instruction; |
(b) |
If the defective item shall have been handled, stored, repaired, or altered by Buyer or end-user in any way which may have impaired its safety of operation or efficiency; |
(c) |
If the aircraft component in which the item is fitted has been subjected to any abnormal condition, or to misuse or neglect, or shall have suffered any accident. |
Buyer shall be entitled to receive the benefit of the warranty given by the supplier of the items to Derco, and for this purpose Derco hereby agrees to assign the benefit of such warranty to Buyer, if and to the extent possible.
5 THE AFORESAID WARRANTY, AND THE WARRANTY OF TITLE BELOW, ARE EXCLUSIVE AND IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AND DERCO HEREBY EXPRESSLY DISCLAIMS AND EXCLUDES ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DERCO SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR LOSSES, COSTS, OR CONSEQUENTIAL DAMAGES, DIRECT OR INDIRECT, OF ANY KIND OR NATURE, WHATSOEVER. NO AGREEMENT VARYING OR EXTENDING THE FOREGOING WARRANTIES, REMEDIES, OR THIS LIMITATION WILL BE BINDING UPON DERCO, SIKORSKY AIRCRAFT CORPORATION, OR UNITED TECHNOLOGIES CORPORATION UNLESS IN WRITING, SIGNED BY A DULY AUTHORIZED OFFICER OF DERCO.
6. With respect to any goods purchased from Derco and alleged to be the cause of any loss or damage to Buyer, the sum equal to the invoiced price of such good (or if not separately priced, Derco’s historic selling price for such item) shall be the ceiling limit on Derco’s, Sikorsky Aircraft Corporation’s and United Technologies Corporation’s liability, whether founded in contract or tort (including negligence, strict tort liability or breach of warranty), arising out of or resulting from (i) this Order or the performance or breach thereof or (ii) the design, manufacture, delivery, sale, repair, replacement, use or furnishing of any such good. In no event shall Derco, Sikorsky Aircraft Corporation or United Technologies Corporation have any liability for any indirect, incidental, consequential or special damages.
Disposition
Derco retains a customer warranty staff to work exclusively with customers to determine part disposition should any concerns arise.
Return Material Authorizations
To complete a Return Request Form, please fill in this RMA form.
To Fax: Print form and send it and all attachments
to 414-371-3435
To E-mail: Save Form and e-mail it to Email notification.
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