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Warranty

APPENDIX C:  LIMITED WARRANTY

This Limited Warranty is provided by Elliott Aviation, Inc. (“Elliott Aviation”) pursuant to Elliott Aviation’s Aircraft Work Authorization and associated Specifications for Refurbishments (the “Specifications”).

  1. Elliott Aviation shall have a full and complete opportunity to inspect any alleged defect or nonconforming work, and review any records concerning the alleged defect prior to performance of any repairs.  Owner agrees to deliver its Aircraft to Elliott Aviation’s closest service facility at Owner’s costs, in order to facilitate such inspection.
  2. If Elliott Aviation determines that the defective or nonconforming work is shown to be due to a breach of the above warranty, and not due to any extraneous cause, including but not limited to misuse by customer or any third party, failure to perform recommended maintenance, or effects of the environment (wind, water, corrosion, etc), then Elliott Aviation shall repair the defective work.

APPENDIX D:  PAINT WARRANTY

  1. LIMITED WARRANTY
    1. In the event that the Coating System applied to the Aircraft is determined to be Defective during the Warranty Period; EA shall repair the defect pursuant to Paragraph 2 of this Limited Warranty.
  2. SCOPE OF WARRANTY
    1. The Coating System Used On Aircraft(s).  This Limited Warranty is issued by EA to Owner only for Coating System purchased by Owner directly from EA and applied during the Term to the Aircraft at EA’s Completion Facility.  This Limited Warranty shall not apply to the Coating System applied to any surface area on the Aircraft which is subject to extensive wind erosion and/or water erosion including, but not limited to, the nose of the Aircraft. Additionally the Limited Warranty shall not apply to any installed vinyl decals.
    2. Repair of Defective Coating System during Warranty Period.  If the Coating System is determined to be Defective during the Warranty Period, of this Limited Warranty, EA shall supply the replacement coatings and labor required to repair such Defective Coating System; provided, however, EA shall not be responsible for any defects occurring in sections of the Aircraft which do not meet the requirements of Paragraph 1 as it shall be considered to be normal maintenance and shall be the sole responsibility of Owner to correct.
      1. Additional note: With the many choices of metallic, mica, pearl or other exotic coatings which cannot be controlled due to vendors, environmental conditions or products: Elliott Aviation will not be responsible for color matching outside the area that is considered workmanship warranty.
  3. CONDITIONS OF WARRANTY  
    1. EA’s obligation to furnish replacement materials and to repair such Defective Coating System pursuant to this Limited Warranty is contingent upon the following conditions being satisfied.  The failure of Owner to comply with any of the conditions specified in this Paragraph 3 shall relieve EA of any liability under this Limited Warranty.
      1. The Coating System must be purchased by Owner directly from EA and must be applied to the Aircraft at EA’s completion facility in Moline, IL.
      2. Owner shall be responsible for performing systematic maintenance of the Coating System which shall include cleaning the Coating System with approved cleaning products and removing dirt, pollutants and other residue.
  1. Warranty does not cover application of dissimilar brands of topcoat over primer coat.
  2. EA shall not be responsible for any defects occurring in any other sections of the Aircraft which do not meet the requirements of Paragraph 1 of this Limited Warranty.
  3. Owner shall submit all claims pursuant to the Limited Warranty in accordance with Paragraph 4 of this Limited Warranty.
  4. CLAIMS  
    1. To assert any claim under this Limited Warranty, Owner shall notify EA in writing within thirty (30) days after Owner has actual or constructive notice that the Coating System which was applied to the Aircraft is allegedly Defective, Such claim shall be sent to:  Elliott Aviation, Quad City Airport, Moline, IL,  61265, ATTENTION:  Manager of Quality Control.  All claims shall include:
      1. Proof of purchase of the Coating System
      2. The serial number of the Aircraft
  1. Details explaining the nature of the claim and the date of detection.

Owner waives any claims not made in this manner during the Warranty Period.  EA shall have a full and complete opportunity to inspect any alleged defect and review any records concerning the alleged defect prior to any repairs being made.

  1. WARRANTY PERIOD APPLICABLE TO A REPAIR
    1. The Warranty Period shall not be extended by the repair of any Defective Coating System pursuant to this Limited Warranty.  Any replacement materials furnished by EA pursuant to this Limited Warranty shall be covered by the terms of this Limited Warranty for the remaining term of the original Warranty Period provided that such replacement materials are applied in accordance with EA’s specifications and instructions.
  2. EXCLUSIVE REMEDY
    1. THE LIMITED WARRANTY PROVIDED HEREIN IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE QUALITY AND/OR THE PERFORMANCE OF THE COATING SYSTEM.  EXCEPT AS EXPRESSLY PROVIDED IN THIS LIMITED WARRANTY, EA MAKES NO WARRANTIES OF ANY KIND RELATING TO THE COATING SYSTEM AND /OR THE PERFORMANCE THEREOF AND EA DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY CONTAINED ON THE COATING SYSTEM CONTAINER LABEL AND/OR OTHER LITERATURE OF EA.
    2. EA’S ENTIRE LIABILITY RELATING IN ANY MANNER TO THIS LIMITED WARRANTY SHALL BE LIMITED EXCLUSIVELY TO PROVIDING REPLACEMENT COATINGS AND REPAIR OF THE COATING SYSTEM FOUND TO BE DEFECTIVE.  EA SHALL IN NO EVENT BE LAIBLE TO OWNER, OR TO ANY PERSON CLAIMING THROUGH OWNER, WHETHER IN CONTRACT, TORT, OR STRICT PRODUCT LIABILITY, FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF USE, DEMURRAGE, OR PENALTIES, ARISING FROM ANY CAUSE WHATSOEVER.
  3. ASSIGNMENT 
    1. This limited Warranty may not be transferred or assigned by Owner without previous written notification and concurrence from EA.
  4. DEFINITIONS  
    1. The following terms when used in the Limited Warranty shall have the meanings set forth below.
    2. A Defective Coating shall mean a loss of gloss but does not include any other defect or damage including, but not limited to, any defect or damage resulting from:
      1. ordinary wear and tear, abnormal usage, misuse, failure to properly maintain the coated substrate in accordance with  reasonable and customary maintenance procedures;
      2. fading of the color of the Coating System which occurs on a non‑uniform basis as a result of the Coating System being exposed  to the sun and other elements on an unequal basis;
  1. improper repair;
  2. loose or working rivets;
  3. causes unrelated to the performance of the Coating System under normal operating conditions;
  1. pressurization leaks;
  2. acid rain;
  3. debris or other objects coming into direct contact with the Coating System including, but not limited to, rocks and stones; and
  1. APPLICABLE LAW – JURISDICTION
    1. This Limited Warranty shall be governed by and construed in accordance with the internal laws of the State of Iowa without regard to the principles of conflicts of laws.
  2. ENTIRE AGREEMENT

This Limited Warranty constitutes the entire agreement between EA and Owner concerning the subject matter hereof and supersedes all prior or contemporaneous agreements or warranties between the parties concerning the subject matter hereof.  This Limited Warranty shall not be binding upon EA unless it is signed by an Elliott Aviation Officer.

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