Aircraft Engine Warranty
TRACE ENGINES, LP (TE) warrants that it’s OE600A, TE600A, TE600B, TE600C, TE600D and TE750A (hereinafter ‘ENGINE’) will be free from defects in materials and workmanship and will conform to the specifications and drawings to which they were manufactured:
1. (a) For a period of twenty-four (24) months or until the expiration of TE’s recommended Time Between Overhaul (TBO), whichever occurs first, after the warranty activation date TE will, except as excluded below, at its option repair or replace on an exchange basis any engine, component or part manufactured or supplied by it which within the applicable twenty-four (24) month or TBO period is returned to a TE representative authorized to handle the engine covered by this warranty and which upon examination is found to the satisfaction of TE to be defective in material or workmanship. The warranty activation date is the date the engine is first operated for any use or the 180th day after TE’s invoice date, whichever occurs first. After the expiration of the first twelve (12) months of the applicable twenty-four (24) month period described above, TE will not assume any responsibility for the repair or replacement of engine accessories, i.e. parts which have been purchased by TE from a manufacturer as a complete and finished unit and included in the assembly of an engine without altering the unit, including, but not limited to, carburetors, starters, alternators, turbochargers and fuel controls. After the expiration of the initial twelve (12) month period, accessories will be subject to such warranty coverage as may be provided by their manufacturer.
(b) TE will reimburse the Purchaser for reasonable labor costs associated with repairs or replacements under paragraph 1(a) of this warranty and for "troubleshooting" costs associated with identifying the need for such repairs or replacements, when coordinated through an authorized TE representative. The amount of repair and replacement labor costs allowed will be in accordance with the latest revision of, then current Removal and Installation Labor and Allowance Guidebook published by TE. The amount of "troubleshooting" costs allowed will be the reasonable costs under the circumstances of identifying the need for such repairs or replacements, but in no event will the "troubleshooting" costs allowed exceed fifteen percent (15%) of the labor costs associated with such repairs or replacements allowed by TE. No "troubleshooting" cost allowance will be made where the need for repairs or replacements is identified in the course of overhaul, routine maintenance or on the basis of an obvious defect. (c) TE will reimburse the Purchaser for transportation costs in connection with the repair or replacement of any engine, component or part found to the satisfaction of TE to be defective in material or workmanship under paragraph 1(a) of this warranty. The engine, component or part must be shipped prepaid to the repair facility designated by TE. Transportation cost reimbursement for engines will be the actual surface freight charge or $500.00, whichever is less. Transportation cost reimbursement for components or parts will be the actual surface freight charge for shipment of the component or part or the currently published UPS surface rate schedule, whichever is less.
2. TE reserves the right at its option to replace any defective engine or part with either a new or rebuilt engine or part.
3. Repair or replacement of any engine or part under this warranty will not extend the period of warranty coverage set forth above.
4. This warranty applies only to engines in which parts manufactured or supplied by TE or parts manufactured pursuant to an FAA Parts Manufacturer Approval have been used and nothing contained herein should be construed as a warranty by TE of any engine or part not manufactured or supplied by TE. TE accepts no responsibility for the failure of any engine or part which it does not manufacture or supply or damage resulting from such failure.
5. This warranty applies only to engines which have been installed, inspected and maintained in accordance with the instructions for continued airworthiness, including compliance with all applicable service bulletins issued by TE, the aircraft manufacturer or any accessory or component manufacturer. Performance of recommended inspections and maintenance must be documented by appropriate logbook entries and the logbook must accompany any engine being returned for warranty consideration.
6. This warranty does not apply to any engine, component or part manufactured or supplied by TE which (1) has been subject to misuse, neglect or accident; (2) has been installed, repaired, maintained or altered in any way that in the judgment of TE has adversely affected the condition of the engine; (3) has been operated inconsistent with TE and aircraft manufacturer recommendations and limitations (such as, but not limited to engine RPM, temperature, manifold pressure, fuel flow and proper system adjustment) or (4) has been changed from its original FAA certificated configuration. This warranty shall not apply to any engine or part thereof which has been that has been subject to repair or alterations which use or incorporate parts and components other than genuine TE parts or parts approved by TE for direct acquisition from sources other than TE itself are not warranted by TE, and this warranty shall be void to the extent that such repairs and alterations, in TE’s sole judgment, affect the durability, safety or reliability of the engine or any part thereof, or damage genuine TE or TE-approved parts.
7. TE will not be responsible for repair or replacement of any engine, component or part damaged or worn as a result of corrosion, pre-ignition/detonation, operation with non-calibrated engine gauges, improper fuel system adjustment, non-TE approved fuel and oil grades or additives or installation of parts, components or accessories that alter the engine’s original type design.
8. The provisions of this warranty do not apply to normal maintenance service (such as engine tune-ups, adjustments, inspections, engine or component overhaul resulting from time between overhaul (TBO) recommendations, etc.) or to the replacement of normal service items (such as spark plugs, filters, hoses, belts, etc.).
9. TE reserves the right to change any engine or part specifications or prices without incurring any responsibility with regard to engines or parts previously sold or replaced.
10. THIS WARRANTY IS A WARRANTY TO REPAIR OR REPLACE AND NOT A WARRANTY OF THE CONDITION OR FUTURE PERFORMANCE OF THE PRODUCTS WHICH IT COVERS. THERE ARE NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, SPECIFICALLY, BUT WITHOUT LIMITATION, THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL TE BE RESPONSIBLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY DEFECT IN ANY ENGINE OR PART, ARISING OUT OF THE FAILURE OF ANY ENGINE OR PART TO OPERATE PROPERLY, OR ARISING OUT OF ANY BREACH OF THE WARRANTY MADE HEREIN. NO PERSON IS AUTHORIZED TO GIVE ANY OTHER WARRANTY OR TO ASSUME ANY ADDITIONAL OBLIGATION OR LIABILITY ON BEHALF OF TE.
THIS WARRANTY IS GIVEN AND ACCEPTED IN PLACE OF (i) ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITION OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND (ii) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN CONTRACT OR IN TORT (DELICT), INCLUDING PRODUCT LIABILITIES BASED UPON STRICT LIABILITY, NEGLIGENCE, OR IMPLIED WARRANTY IN LAW AND PURCHASER HEREBY WAIVES SUCH RIGHTS AND CLAIMS.
THIS WARRANTY IS THE ONLY WARRANTY MADE BY TRACE ENGINES. THE PURCHASER’S SOLE REMEDY FOR A BREACH OF THIS WARRANTY OR ANY DEFECT IN A PART IS THE REPAIR OR REPLACEMENT OF ENGINE PARTS AND REIMBURSEMENT OF REASONABLE FREIGHT CHARGES AS PROVIDED HEREIN. TRACE ENGINES EXCLUDES LIABILITY, WHETHER AS A RESULT OF A BREACH OF CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGE TO THE ENGINE OR OTHER PROPERTY (INCLUDING THE AIRCRAFT IN WHICH THE ENGINE IS INSTALLED), COSTS AND EXPENSES RESULTING FROM REQUIRED CHANGES OR MODIFICATIONS TO ENGINE COMPONENTS AND ASSEMBLIES, CHANGES IN RETIREMENT LIVES AND OVERHAUL PERIODS, LOCAL CUSTOMS FEES AND TAXES, AND COSTS OR EXPENSES FOR COMMERCIAL LOSSES OR LOST PROFITS DUE TO LOSS OF USE OR GROUNDING OF THE AIRCRAFT IN WHICH THE ENGINE IS INSTALLED OR OTHERWISE. TE’S TOTAL LIABILITY FOR ANY AND ALL CLAIMS RELATED TO ANY ENGINE SHALL IN NO CASE EXCEED THE ORIGINAL SALES PRICE OF THE ENGINE. SELLER MAKES NO WARRANTY AND DISCLAIMS ALL LIABILITY WITH RESPECT TO COMPONENTS OR PARTS DAMAGED BY, OR WORN DUE TO, CORROSION.
11. Any invalidity of a provision of this Warranty shall not affect any other provision, and in the event of a judicial finding of such invalidity, this Agreement shall remain in force in all other respects.
12. All legal actions based upon claims or disputes pertaining to or involving this warranty including, but not limited to, TE’s denial of any claim or portion thereof under this warranty, must be filed in the courts of general jurisdiction of Midland County, Texas or in the United States District Court for the Western District of Texas. In the event that Purchaser files such an action in either of the court systems identified above, and a final judgment in TE’s favor is rendered by such court, then Purchaser shall indemnify TE for all costs, expenses and attorneys’ fee incurred by TE in defense of such claims. In the event Purchaser files such a legal action in a court other than those specified, and TE successfully obtains dismissal of that action or transfer thereof to the above described court systems, then Purchaser shall indemnify TE for all costs, expenses and attorneys’ fees incurred by TE in obtaining such dismissal or transfer.
All Claims should be made to:
ATTN: Warranty Manager
TRACE Engines L.P.
3000 W. Interstate 20, Midland, TX 79701
Tel: (432) 618-7223
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