This warranty applies to aircraft engines overhauled and test run by Custom Aircraft, Inc. (“Company”).
Company warrants each overhauled aircraft engine to be free from all defects in material and workmanship, under normal use and service for 300 hours, or 6 months, whichever occurs first, including parts and labor. This warranty is subject to the following terms and conditions.
- Warranty adjustments will be based upon a minimum of 40 hours per month engine usage beginning from the date upon which the engine was first operated for any use other than the necessary flight test.
- No loss of revenue, consequential or indirect economic loss or damage, lost or delayed use of aircraft, damaged or lost aircraft, bodily or personal injury or wrongful death claim is covered by this warranty. Cracked cylinders and crankcases are excluded from this warranty unless they are determined TO BE a direct result of improper assembly.
- The obligation of the Company under this warranty is limited to repairing or replacing with new or remanufactured parts, as the Company may elect, any parts which shall have been returned to the Company, and which upon examination is disclosed, to the Company’s satisfaction, to have been defective in material or workmanship. Such repair or replacement of any part shall not extend this warranty beyond the original warranty coverage.
- The Company assumes neither the cost of shipping the engine or any part to the Company, nor the cost of returning the engine or any part to the owner.
- This warranty shall neither apply to any engine in which any part not approved by the Company has been used, nor to any engine which shall have been altered, converted, modified, repaired, neglected, installed, used or operated in any manner not recommended by the Company.
- This warranty shall not provide the Purchaser with any normal maintenance services (such as engine tune ups) or replacement of normal service items (such as filters).
- This warranty shall only apply to engines for which the owner has followed all inspection and maintenance instructions contained in the appropriate OEM Manuals. As a condition to the warranty, the owner must have had all inspection and maintenance services set forth in the applicable OEM Manuals or applicable Service Bulletins performed and logged in the Engine Log Book by a certified power plant mechanic prior to the incident for which a warranty claim is made.
- The Company does not warrant any parts, components, accessories installed on the engine (such as magnetos, carburetors, superchargers, starters, generators, alternators, voltage regulators, cylinders, crankshafts, etc.) that were not overhauled by the company.
- The Company shall have no liability for any work performed under this warranty by the owner or any third person or company. The Company’s reimbursement for labor will be limited to Company’s then current shop rate.
- This warranty shall be governed by the laws of the State of Alaska, both as to interpretation and performance. Any action at law, suit in equity or judicial proceeding for the enforcement of this warranty shall be instituted and maintained only in the Courts of the State of Alaska at Anchorage.
- The Company has assumed no liability or obligation to Customer beyond that provided by this limited express warranty; and Customer hereby irrevocably releases and discharges Company and its shareholders, directors, officers, agents, and employees, from any other obligations or liabilities to it that may be imposed under applicable law.
- THIS WARRANTY, AND THE COMPANY’S OBLIGATIONS THEREUNDER ARE NOT IN LIEU OF OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.