STANDARD TERMS AND CONDITIONS
Acceptance of Terms and Conditions
The Parts referenced are being shipped subjects to BUYER’s agreement that only these Standard Terms and Conditions shall govern the transaction. Your acceptance of these parts or other performance hereunder will constitute such agreement.
Limited Warranty for Sale of Parts
Coverage and Warranty Period P3 AVIATION LTD hereby warrants that the parts sold hereunder will be free of any defects in the material or workmanship in accordance with the following warranty schedule based on the condition code of the parts stated on the face (shipper or invoice) thereof; and that it will have good title to the parts it sells to the BUYER hereunder at the time of delivery. Part condition, definition and warranty parts are defined as follows:
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Factory New (F) |
Unit received from OEM or authorised distributor in original package. |
Aircraft, Engine & APU Parts: Original Equipment Manufacture’s (OEM) warranty applies. |
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New/Unused (N) |
Unit received from other than OEM or authorised distributor. |
Expendable Aircraft & APU Parts: Thirty (30) days from date of shipment.
Aircraft parts: Twelve (12) months from date of shipment or one thousand (1000) flight hours, which ever occurs first.
Engine & APU parts: Six (6) months from date of shipment. |
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Overhauled & Certified (O) |
Unit certified airworthy by an agency or airline to a TSO of 00;00 or "overhauled." |
Aircraft Parts: As per Original Certifying Agency's Warranty
Engine & APU Parts: As per Original Certifying Agency's Warranty
Complete APU’s: As per Original Certifying Agency's Warranty |
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Serviceable (S) |
Unit certified airworthy by an authorised agency or airline. |
Aircraft Parts: As per Original Certifying Agency's Warranty
Engine & APU Parts: As per Original Certifying Agency's Warranty
Complete APU’s: As per Original Certifying Agency's Warranty |
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Repairable (R) |
Unit is used not certified airworthy but can be economically repaired and/or overhauled |
Aircraft, engine & APU parts: No warranty other than the unit is repairable. A repair cap must be agreed upon at the time of the sale. If the unit exceeds the agreed cap, the customer shall have the right to return the unit form full credit. Any unit that is to be returned must have the approval of P3 Aviation ltd. P3 Aviation Ltd will allow up to (60) sixty days from the date of shipment for the customer to determine the reparability of the unit and P3 Aviation Ltd will allow an additional 30 days to return the part. This return policy will become null and void after a total time of 90 days from the date of shipment. Any repairable part sold at a price of $750.00 or less is considered "AS IS". |
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As removed (AR) |
Conditions and history unknown; has no airworthiness certification |
No warranty expressed or implied except as to title. This condition has no return provisions of any kind. |
Correction of Defects If during the applicable warranty period, a defect in material or workmanship causes damage to a warranted part or renders it unserviceable, P3 Aviation Ltd will replace or repair, at P3 Aviation Ltd expense and option, any such damage 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 with P3 Aviation Ltd and BUYER based upon the unused life of the damaged part at the time it was damaged.
Determination of Coverage P3 AVIATION LTD will determine if any defect in the material or workmanship occurred with in the coverage of this warranty based on acceptance industry maintenance procedures and standards and original equipment manufacturer’s warranty policies as applicable.
Condition P3 AVIATION LTD’s warranty obligations described herein as subject to the following conditions:
The warranted product has been used under normal operating conditions as established by the OEM and has not been subject to misuse, mishandling, negligence, accident, or ingestion of foreign material.
The Warranted product has not been altered, repaired or serviced since purchase by anyone other that P3 AVIATION LTD or its authorised agent.
The Warranted part has been maintained in accordance with the 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 P3 AVIATION LTD 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 P3 AVIATION LTD of its claim and the basis for such claim.
The defected part is shipped within 10 days of the discovery of the malfunction to P3 AVIATION LTD or to such other location as P3 AVIATION LTD 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 P3 AVIATION LTD are borne by BUYER.
All original documentation supplied by P3 Aviation to the BUYER and an engineers report detailing reason for removal/failure, need to be returned with the part for warranty consideration.
DISCLAIMER THE WARRANTIES SET FORTH IN THIS LIMITED WARRANTY PROVISION AND THE OBLIGATIONS AND LIABILITIES OF P3 AVIATION LTD THEREUNDER, ARE ESPRESSLY IN LIEU OF ANY BUYER HEREBY WAIVES AND RELEASES P3 AVAITION LTD FROM, AND ALL OTHER WARRANTIES, AGREEMENTS, GUARANTEES, CONDITIONS, DUTIES, OBLIGATIONS, REMEDIES OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHER WISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR INTENDED USE. WITH RESPECT TO P3 AVIATION LTD’S PERFORMANCE HEREUNDER AND BUYER AGREES THAT P3 AVIATION LTD 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 P3 AVIATION LTD’S LIABILITY HEREUNDER WILL BE BINDING ON P3 AVIATION LTD UNLESS IN WRITING BY A DULY AUTHORISED OFFICER OR REPRESENTATIVE OF P3 AVIATION LTD.
Assignment of warranties P3 AVIATION LTD hereby assigns to BUYER, effective upon payment in full for the part, any and all existing manufacturers and overhaul agency warranties for the part which run to P3 AVIATION LTD, to the extent assignable. Upon request , P3 AVIATION LTD will cooperate with BUYER in processing claims arising under such assigned warranties in P3 AVIATION LTD’s name of that of BUYER as appropriate, provided always that buyer will indemnify P3 AVIATION LTD for any costs and expenses incurred by P3 AVIATION LTD in connection with such assistance. With respect to such assignments, it is understood that except as provided in this paragraph "F", P3 AVIATION LTD shall have no further liability to the BUYER.
Warranty Repairs Warranty Repairs may be performed by the BUYER upon the BUYER’s request and consent thereto by P3 AVIATION LTD in writing given prior to commencement of any such repairs. P3 AVIATION LTD will reimburse BUYER for the actual reasonable costs for any such repairs consented to by P3 AVIATION LTD in writing .
Non-Covered Items If P3 AVIATION LTD determines that the part is not covered by the warranty, BUYER will pay P3 AVIATION LTD for work performed and materials furnished in connection with the teardown, investigation, reassembly, and any authorised repair or maintenance services performed, in accordance with P3 AVIATION LTD’s then current charges.
LIMITATION OF LIABILITY. IN NO EVENT WILL P3 AVIATION LTD’S LIABILITY UNDER THIS WARRANTY EXCEED THE PURCHASE PRICE PAID FOR THE PART.
Indemnification
BUYER hereby releases and agrees to defend, indemnify and hold P3 AVIATION LTD; 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 fee costs and expenses in connection therewith or incident thereto) for deaths of or injuries to any persons whomsoever (including, without limitation BUYER’s employees) and for loss of, therewith or incident thereto) and for loss of, damage 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 P3 AVIATION LTD hereunder regardless of the negligence, active or passive, of P3 AVIATION LTD its directors, officers, employees or agents. BUYER will, at the request of P3 AVIATION LTD negotiate any claim or defend any action or suit brought against P3 AVIATION LTD or in which P3 AVIATION LTD is joined as a party defendant based upon any matters for which BUYER has released and indemnified P3 AVIATION LTD hereunder.
CONSEQUENTIAL DAMAGES
IN NO EVENT WILL P3 AVIATION LTD 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 FORM THIS TRANSACTION OF THE USE OF THE PARTS OR ANY INABILITY TO USE SUCH EITHER SEPARATELY OR IN CONJUNCTION WITH OTHER PARTS OR EQUIPMENT.
Payment
Payments shall be made in U.S. Dollars and payment in advance unless otherwise specified. In some cases P3 AVIATION LTD will extend credit terms. If payment is not received within the specified period P3 AVIATION LTD reserves the rights to charge interest at 1.5% per calendar month.
Taxes
BUYER will pay and agrees to indemnify, defend and hold P3 AVIATION LTD harmless from any taxes, including but not limited to sales taxes, (except for the tax upon or measured by P3 AVIATION LTD’s net income) imposed by any taxing authority as a result of performance hereunder.
Delivery
Unless otherwise agreed, delivery shall be made F.O.B. shipping point (P3 AVIATION LTD’s warehouse or other location) and according to delivery schedule herein. Such delivery schedule is approximate only and subject to delays due to cause beyond P3 AVIATION LTD’s control of force majeure, including, but not limited to, acts of God or the public enemy, acts of the government, civil war, insurrections or riots, reactions, strikes or freight embargoes or for any other cause to the extent it is beyond P3 AVIATION LTD’s sole fault or negligence. In the event of such delay, the delivery dates shall be extended accordingly for a period equal to a time lost by reason of such delay. In no event shall P3 AVIATION LTD be liable for any special incidental or consequential damages.
Entire Contract
The express terms and conditions contained on the face and those set forth on any continuation sheets, contain the entire understanding of the parties with respect to the sale of the parts. Any terms and terms and conditions proposed in BUYER’s purchase order which add to, vary from or conflict with the terms and conditions herein and hereby expressly objected to, any may become effective only if accepted by P3 AVIATION LTD in writing.
Governing Law
This agreement shall be construed and governed accordingly to the laws of England and Wales. If the BUYER is from a country which has ratified the 1980 U.N. convention on the contracts for the international sale of goods, the rights and obligations of the parties shall not be governed by such convention, but shall be governed by the law of England and Wales.
Modification
No modification of these terms and conditions shall be binding upon the parties hereto unless in writing signed by both parties hereto.
WARRANTY NOTICE: ALL RETURNS MUST HAVE A RETURN MATERIAL AUTHORIZATION (rma) NUMBER IN ORDER FOR P3 AVIATION LTD TO ISSUE A CREDIT OR REPLACEMENT. PLEASE WRITE THE RMA NUMBER IN EACH CARTON AND PLACE A COPY OF THE RMA NOTICE WITH EACH PART IN ORDER TO EXPEDITE THE PROCESSING OF YOUR WARRANTY CLAIM. TO OBTAIN AN RMA NUMBER CONTACT YOUR SALES OR CUSTOMER SERVICE REPRESENTIVE.
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