Metal Innovations Incorporated (“MII”) warrants that the aircraft components that MII manufactures, overhauls, or repairs (“the Aircraft Parts”) are free from defects in materials and workmanship, under normal use and service, from the date of delivery of the Aircraft Parts to the earlier of either: (a) six months or (b) three hundred hours (the “Warranty Period”). This Limited Warranty gives you specific rights, and you may also have other rights which vary from state to state.
- Exclusions. This Limited Warranty does not apply to the following:
- Normal deterioration of assemblies, parts or structural components that are caused by wear and exposure;
- Any defects in materials or parts that MII did not manufacture or repair (“Non-MII Parts”); even if MII used the Non-MII Parts in any repair or service;
- Any defects in workmanship related to painting or integral fuel tank sealing;
- Work performed by anyone other than MII and its employees and subcontractors.
- Procedure. To obtain warranty service, you must:
(a) Notify MII of the specific defect(s) within 15 days of discovering the defect(s) (the “Reporting Period”). Note that any continued use of parts or assemblies after discovery of a defect will void this Limited Warranty. Warranty recipient waives any rights under this Limited Warranty if recipient fails to report any defect within the Reporting Period; and
(b) Deliver the Aircraft Parts to MII accompanied with a written report of the defect. MII is not responsible for shipping costs for returning the Aircraft Parts to MII for warranty service; however, MII may, at its sole discretion, provide free pick-up and delivery of Aircraft Parts needing warranty service if the Aircraft Parts are located in the Portland, Oregon Metropolitan area.
- Repair or Replace. MII’s sole obligation under this Limited Warranty is to repair or replace, at MII’s sole option, any Aircraft Parts that are returned to MII within the Warranty Period, pursuant to the aforementioned procedures, and that MII determines are defective. The repaired or replaced Aircraft Parts will be warranted for the remaining portion of the Warranty Period, if any; however, under no circumstances will a new warranty period be created by MII’s repair or replacement of any defective Aircraft Parts.
MII will be responsible for the repair or replacement of defective Aircraft Parts, including costs for replacement parts or labor for removal, installation and/or actual repair of the defective Aircraft Parts. The warranty recipient is solely responsible for import duties, customs brokerage charges, sales taxes or use taxes on any repairs or replacements completed under this Limited Warranty.
- Non-Transferrable. This Limited Warranty is not transferrable and is only valid for MII’s customer.
- Conditions. This Limited Warranty is expressly conditioned on all the following:
(a) The Aircraft Parts have been used, maintained, stored, and operated in accordance with MII’s and other applicable manuals, bulletins and other written instructions;
(b) The Aircraft Parts and their assemblies have not been subject to misuse, abuse, negligence, accident, improper aircraft operation, or misrepresentation; and
(c) The Aircraft Parts and their assemblies have not been installed, repaired, or altered contrary to the applicable manuals, bulletins and other written instructions provided by the OEM, FAA, Operator, MII or other applicable sources that, in the sole judgment of MII, adversely affects their performance, stability, or reliability.
- DISCLAIMER OF ALL OTHER WARRANTIES. This Limited Warranty is expressly in lieu of any other warranties, express or implied in fact or by law, applicable to the Aircraft Parts. MII EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE AIRCRAFT PARTS ARE BEING SOLD AS IS, WITH ALL FAULTS, OTHER THAN THIS LIMITED WARRANTY. To the extent that Implied warranties cannot be disclaimed, they are expressly limited to the duration of this Limited Warranty. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
- LIMITATION OF LIABILITY/SOLE REMEDY. THE REMEDY OF REPAIR OR REPLACEMENT AS SET FORTH ABOVE ARE THE SOLE AND EXCLUSIVE REMEDIES AGAINST MII FOR ANY AND ALL CLAIMS (INCLUDING BUT NOT LIMITED TO CLAIMS FOR NEGLIGENCE, GROSS NEGLIGENCE AND PRODUCT LAIBILITY) RESULTING FROM FAILURE OF THE AIRCRAFT PARTS. MII EXPRESSLY DISCLAIMS ALL OTHER REMEDIES, OBLIGATIONS AND LIABILITIES, INCLUDING BUT NOT LIMITED TO LOSS OF AIRCRAFT USE, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, LOST PROFITS, LOSS OF GOODWILL, OR ANY OTHER DIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES. MII NEITHER ASSUMES NOR AUTHORIZES ANYONE TO ASSUME FOR IT ANY FURTHER OBLIGATIONS OR LIABILITIES. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
- Invalidity of Terms. Any invalidity of a provision of this Limited Warranty shall not affect any other provision, and in the event of a judicial finding of such invalidity, this Limited Warranty shall remain in force in all other respects.
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