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Effective May 1, 2006
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TITAN® Brand Cylinder Limited Warranty
Engine Components, Inc. (ECi®) hereby warrants each new TITAN® brand cylinder assembly which it ships with an accompanying FAA form 8130 to be free from defects in material and workmanship (parts and labor) under normal use and service for a period of one (1) year from the date of first operation. The date of first operation must not exceed one (1) year from the date of shipments from ECi. After one (1) year from the date of first operation, the warranty is prorated to the manufacturer’s recommended time between overhaul (TBO) for the engine (parts only – no labor) with a minimum accrual of fifty (50) hours per month.
After the expiration of the one year period described in the paragraph above, ECi will, at its option, replace or repair the cylinder assembly after it determines to its satisfaction to be defective in material or workmanship. ECi reserves the right, at its option, to replace any defective cylinder component or related part with either a new or repaired cylinder component or related part.
In the event ECi elects to repair in the field, rather than replace any cylinder component or related part, ECi will pay reasonable costs for the repair of the cylinder component or related part only. No removal or reinstallation will be paid by ECi on field repair claims.
Allowances for labor will be made in accordance with the manufacturer’s rates for cylinder replacement at the rate of $50 per hour. Adjustment for parts will be computed by dividing actual hours or fifty (50) hours per month, whichever is greater, by TBO times ECi’s original invoice amount. Total engine hours for pro-rata consideration will be made by ECi from complete operational records or log books which must be made available upon request.
ECi further warrants each Nickel+Carbide™ cylinder bore to remain free of corrosion and wear beyond service limits in normal operating conditions during TBO or for a period of sixty (60) months following date of first operation, subject to the limitations noted in paragraph one above, whichever event occurs first. This extended warranty for the cylinder bore is voided if the ring part numbers installed in the cylinder are not approved in writing by ECi at the time the cylinder was installed on the engine.
The obligations of ECi under the Nickel+Carbide process extended warranty are limited to replacement of the defective cylinder barrel with a new limits Nickel+Carbide process cylinder barrel plus a new set of rings. All other defects are subject to obligations defined in other provisions of this warranty. Any TITAN brand cylinder so repaired or replaced will be warranted for the remainder of the original warranty period.
Furthermore, ECi warrants that any parts and/or products not installed in assemblies shall carry the then standard warranties of the manufacturer’s thereof, a copy of which shall be made available on request.
All provisions of this warranty shall transfer with transfer of ownership of parts and/or parts products originally covered by this warranty.
Claims for warranty must be accompanied by adequate proof of installation date and be filed with ECi no later than 15 days after discovery of the defect. No warranty claim will be allowed, if in the sole opinion of ECi, the part and/or product was improperly adjusted, stored, handled, installed, altered or operated contrary to the operating instructions of the manufacturer or the FAA; or subject to misuse, neglect or accident subsequent to shipment from the ECi factory; or if the defect or problem giving rise to the claim resulted from the use of auto gas. ECi will not process or honor any warranty claims on delinquent accounts.
ECi reserves the right at anytime to change the construction of ECi parts and/or products or to incorporate in the manufacture of parts and/or products any changes which the engine manufacturer or ECi might make without incurring any obligation to incorporate such alterations in parts and/or products previously sold or manufactured by ECi.
THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED OR STATUTORY, WHETHER WRITTEN OR ORAL, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY ARISING FROM ANY COURSE OF PERFORMANCE OR DEALING OR TRADE USAGE. THIS WARRANTY IS ALSO IN LIEU OF ANY OTHER OBLIGATION, LIABILITY, RIGHT OR CLAIM, WHETHER IN CONTRACT OR IN TORT, INCLUDING ANY RIGHT IN STRICT LIABILITY IN TORT OR ANY RIGHT ARISING FROM NEGLIGENCE ON THE PART OF ECi, AND ECI’s LIABILITY ON SUCH CLAIM SHALL IN NO CASE EXCEED THE PRICE ALLOCABLE TO THE PART WHICH GIVES RISE TO THE CLAIM.
IN NO EVENT, WHETHER AS A RESULT OF A BREACH OF WARRANTY, CONTRACT OR ALLEGED NEGLIGENCE, SHALL ECi BE LIABLE FOR SPECIAL OR CONSEQUENTIAL OR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR REVENUES, LOSS OF USE OF THE AIRPLANE OR COST OF A REPLACEMENT.
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