Terms and Conditions for Warranty
Kapco Global warrants that each part shall at the time of delivery conform to the applicable original manufacturer’s specifications and description and be free from defects in material and workmanship on the terms set forth herin.
Customer’s remedy and Kapco Global liability, with respect to a defect in material or workmanship, is limited to repair or replacement of a defective part at Kapco Global option. Such remedies are conditioned upon: (i) discovery of a defect by customer on a part within Twelve (12) Months of delivery (ii) receipt by Kapco Global of written notice of a defect from customer no later than ninety (90) days after expiration of the applicable warranty period; (iii) prompt return of a defective part at customer’s expense to Kapco Global; and, (iv) sufficient information to substantiate customer’s claim. Customer’s shipping expenses will be reimbursed by Kapco Global upon confirmation by Kapco Global of the covered defect. Return to customer of a repaired or replaced part will be at Kapco Global expense.
Kapco Global shall not be liable under this Warranty for any defect resulting from a part having been exposed or subjected to: (i) Any alteration, modification, maintenance, repair, installation, handling, transportation, storage, operation or use that is improper or otherwise not in compliance with Kapco Global or the original manufacturer’s instructions, unless caused by Kapco Global; (ii) Any accident, contamination, foreign object damage, abuse, neglect, or negligence after delivery to buyer, unless caused by Kapco Global; or, (iii) Any damage precipitated by any part not supplied by Kapco Global.
Kapco Global further assigns to buyer any rights Kapco Global is provided as distributor of parts under any warranty provided by any original manufacturer of parts.
EXCLUSION OF LIABILITIES. THE WARRANTIES, OBLIGATIONS AND LIABILITIES OF Kapco Global AND THE REMEDIES OF CUSTOMER SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE. CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES ALL OTHER WARRANTIES, OBLIGATIONS AND LIABILITIES OF Kapco Global, AND ALL OTHER RIGHTS, CLAIMS AND REMEDIES OF CUSTOMER AGAINST Kapco Global, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY NONCONFORMANCE OR DEFECT IN ANY PARTS OR OTHER GOODS PROVIDED UNDER THIS AGREEMENT OR ANY ORDER, INCLUDING BUT NOT LIMITED TO: (A) ANY WARRANTY OF MERCHANTABILITY OR FITNESS; (B) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; (C) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT; AND, (D) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OF OR DAMAGE TO ANY AIRCRAFT OR PART. Kapco Global WILL HAVE NO OBLIGATION OR LIABILITY, WHETHER ARISING IN CONTRACT (INCLUDING WARRANTY), TORT OR OTHERWISE, FOR LOSS OF USE, REVENUE OR PROFIT OR FOR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES WITH RESPECT TO ANY NONCONFORMANCE OR DEFECT IN ANY PARTS OR OTHER GOODS PROVIDED UNDER THIS AGREEMENT OR ANY ORDER.