WARRANTY AND REMEDY: Seller warrants each new helicopter part or helicopter part reconditioned by seller to be free from defect in material and workmanship under normal use and service. Seller's sole obligation under this warranty is limited to replacement or repair of parts which are determined to Seller's reasonable satisfaction to have been defective with 1,000 hours of operation or one (1) year after installation, whichever occurs first and reimbursement of reasonable freight charges. After 200 hours of use, there will be a prorated charge to the Purchaser for replacement parts (prorating the hours of total use against the then applicable part life or 2,000 hours, whichever is the lesser). Defective parts must be reported in writing to the Seller's Warranty Administration within 90 days of being found defective. Replacement of parts may be with either new or reconditioned parts, at Seller's election. Warranty adjustment is contingent upon the Purchaser complying with the Warranty Remedies as described in the Commercial Warranty information brochure and the Seller's Warranty Administration disposition instructions for defective parts. Failure to comply with all of the terms of this paragraph may, at Seller's sole option, void this warranty.
NOTE: Parts, components and assemblies of all new helicopters may have been restored or reworked due to mars, blemishes, dents or other irregularities during the manufacturing process. Such restoration and/or rework is permitted under Seller's approved manufacturing and engineering processes and guidelines. The restoration and/or rework so completed does not render such items defective in material or workmanship.
THIS WARRANTY IS GIVEN AND ACCEPTED IN PLACE OF (1) ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND (II)ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN CONTRACTOR TORT (DELICT), INCLUDING PRODUCT LIABILITIES BASED UPON STRICT LIABILITY, NEGLIGENCE, OR IMPLIED WARRANTY IN LAW.
This warranty is the only warranty made by Seller. The Purchaser's sole REMEDY for a breach of this warranty or any defect in a part is the repair or replacement of helicopter parts and reimbursement of reasonable freight charges as provided herein. Seller excludes LIABILITY, whether as a result of a breach of contract or warranty, negligence or strict product liability, for incidental or consequential damages, including without limitation, damage to the helicopter or other property, costs and expenses resulting from required changes or modifications to helicopter 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 helicopters or other- wise.
Seller makes no warranty and disclaims all liability in contract or in tort (delict), including, without limitation, negligence and strict tort (delictual) liability, with respect to work performed by third parties at Purchaser's request and with respect to engines, engine accessories, batteries, radios, and avionics, except Seller assigns each manufacturer's warranty to Purchaser to the extent such manufacturer's warranty exists and is assignable.
This warranty shall not apply to any helicopter part which has been repaired or altered outside Seller's factory in any way so as, in Seller's judgement, to affect its stability, safety or reliability, or which has been subject to misuse, negligence or accident, or which has been installed in any aircraft which has been destroyed unless that helicopter has been rebuilt by Bell. A list of destroyed aircraft is obtainable from Bell Product Support. Repairs and alterations which use or incorporate parts and components other than genuine Bell parts or parts approved by Bell for direct acquisition from sources other than Bell itself are not warranted by Bell, and this warranty shall be void to the extent that such repairs and alterations, in Seller's sole judgement, affect the stability, safety or reliability of the helicopter or any part thereof, or damage genuine Bell or Bell-approved parts. No person, corporation or organization, including Bell Customer Service Facilities, is authorized by Seller to assume for it any other liability in connection with the sale of its helicopters and parts. NO STATEMENT, WHETHER WRITTEN OR ORAL, MADE BY ANY PERSON, CORPORATION OR ORGANIZATION, INCLUDING BELL CUSTOMER SERVICE FACILITIES MAY BE TAKEN AS A WARRANTY NOR WILL IT BIND SELLER.
Seller makes no warranty and disclaims all liability with respect to components of parts damaged by, or worn due to, corrosion. Seller makes no warranty and disclaims all liability for consumables (wear items) which are defined as items required for normal and routine maintenance or replaced at scheduled intervals shorter than the warranty period. "Consumables" include but are not limited to engine and hydraulic oil, oil filters, packings and o-rings, anti-corrosion and/or sealing compounds, brush plating material, nuts, bolts, washers, screws, fluids, compounds, and standard aircraft hardware that is readily available to aircraft operators from sources other than Seller.
All legal actions based upon claims or disputes pertaining to or involving this warranty including, but not limited to, Seller's denial of any claim or portion thereof under this warranty, must be filed in the courts of general jurisdiction of Tarrant County, Texas or in the United States District Court for the Northern District of Texas, Ft. Worth Division located in Ft. Worth, Tarrant County, Texas. In the event that Purchaser files such an action in either of the court systems identified above, and a final judgment in Seller's favor is rendered by such court, then Purchaser shall indemnify Seller for all costs, expenses and attorneys' fees incurred by Seller in defense of such claims. In the event Purchaser files such a legal action in a court other than those specified, and Seller successfully obtains dismissal of that action or transfer thereof to the above described court systems, then Purchaser shall indemnify Seller for all costs, expenses and attorneys' fees incurred by Seller in obtaining such dismissal or transfer.