Repair Warranty - Comtek Advanced Structures
1. Comtek warrants repairs by Comtek to be free from defect in workmanship in view of the
state of the art for a period of twenty-four (24) months from the delivery date provided
that:
(a) installation, operation and maintenance, if other than by Comtek, has been in
accordance with good aviation and engineering practice and the
recommendations of Comtek;
(b) no repairs or alterations have been effected without Comtek's knowledge and
express approval;
(c) identification numbers shall not have been altered or removed; and
(d) notice shall have been given promptly and within the warranty period.
THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ANY OTHER WARRANTY OR
REMEDY AND THE CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES
ALL OTHER WARRANTIES, OBLIGATIONS OR LIABILITIES, EXPRESS OR IMPLIED,
ARISING BY LAW, IN CONTRACT OR IN TORT, OR OTHERWISE, INCLUDING BUT
NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS,
AND ANY OTHER OBLIGATION OR LIABILITY ON THE PART OF COMTEK TO
ANYONE OF ANY NATURE WHATSOEVER.
2. As to each item covered by warranty, Comtek's liability is expressly limited to correction,
by repair or rework of the defective item at Comtek's facilities or such other place as
may be specified by Comtek. Any such defective item shall be forwarded at the
Customer's expense.
3. Comtek's obligations under this Condition shall not extend to any Goods manufactured
or any material, workmanship or design supplied or performed by anyone other than
Comtek. Comtek shall use all reasonable endeavours to procure for the Customer the
benefit of any warranty provided to Comtek by any third party, apart from which Comtek
shall be under no liability whatsoever.
4. Comtek shall not be liable for any claims, demands, suits, losses, damages, causes of
action, fines or judgments (including related expenses and legal costs) for loss or
damage to any property, including but not limited to any delays in transportation or
services offered by the Customer, or for injury or death to any person or persons
resulting from or arising out of or in connection with the Goods provided and services
performed under this agreement, unless the same are due to the negligence of Comtek,
its officers, employees or agents.
5. The contact at Comtek for warranty issues is the Technical Administrator.
