- What is covered by this warranty:
The New Kolb Aircraft
Co., LLC, ("Kolb") warrants that the parts for the
construction (or repair) of an aircraft provided under the
attached agreement of sale conform to the drawings and
instruction and are free from defects in material and
workmanship which reasonable inspection at the Kolb factory
could discover.
- What is not covered by this warranty
:
Kolb does not warranty
any parts or components not manufactured by Kolb, the design
or instructions, or defects caused by the Purchaser’s
assembly or maintenance of the aircraft.
- Disclaimer of warrants
.
THE FOREGOING WARRANTY
IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND IS
THE PURCHASER’S EXCLUSIVE REMEDY. THIS LIMITATION OF
LIABILITY SHARPLY REDUCES THE RIGHTS THE PURCHASER WOULD
OTHERWISE HAVE BY STATUTE.
- Limitation of remedies
.
If notified within a
reasonable time by the original Purchaser, Kolb will repair
any part which is defective in material or workmanship. If
Kolb is unable to repair the part, it will provide a
replacement part. These remedies are the Purchaser’s sole
and exclusive remedies for breach of warranty or for defect.
If no case shall Kolb be liable for any special, incidental or
consequential damages based on beach of warranty, breach of
contract, negligence, defect, product liability, strict tort,
or any other legal theory. The Purchaser acknowledges that he
is purchasing parts for the construction of an aircraft from
Kolb and that the Purchaser is solely responsible for the
assembly and maintenance of the completed aircraft. The
instructions and drawings for the construction of this
aircraft reflect the opinion of Kolb based on the use and
testing of a similar aircraft constructed by Kolb. The
instructions should be followed carefully. Any deviation from
the instructions and drawings provided by Kolb my result in
significant differences in performance, handling
characteristics and safety of the Purchaser’s completed
aircraft from those advertised by Kolb. Though Kolb believes
that an aircraft constructed according to the instructions and
drawings provided, properly maintained and properly operated,
will perform as advertised, it is impossible to warrant the
performance of the completed aircraft or to eliminate all of
the risks associated with the operation of the Purchaser’s
completed aircraft, as Kolb has no control over the
Purchaser’s assembly, maintenance or use of the aircraft.
Personal injury, damage to property or other unintended
consequences may result because of factors such as weather,
inadequate maintenance, pilot error, improper use, unsafe
operation and others which are beyond the control of Kolb. All
such risks are assumed by the Purchaser. Purchaser should also
be aware of all FAA regulations and should regularly inspect
the completed aircraft. In the event of personal injury it is
agreed that Kolb will not be liable for the negligence or
defective assembly, maintenance, improper use or unsafe
operation of the aircraft. The Purchaser acknowledges that the
purpose of this remedy limitation is to protect Kolb against
unknown or undeterminable risks including claims arising from
personal injury, injury to property, economic or other
consequential, special or indirect damages resulting from the
use of these parts by the Purchaser. The warranty found in
this Agreement s shall run only to the original Purchase of
the Kolb aircraft part. Kolb assumes no express or implied
warranty, contract or tort liability for any resale of the
completed aircraft. The warranty found in this Agreement may
not be assigned without the express written authorized b Kolb.
Some states do not allow limits on warranties or remedies for
breach in certain transactions. In such states the limits in
this paragraph and in paragraph four may not apply.
- Time limit for bringing suit
.
Any action for breach of
warranty must be commenced within fifteen (15) months of
delivery of the non-conforming or defective part, as set forth
in the date of the attached Sales Agreement. This Agreement
shall be interpreted and constructed in accordance with laws
of the State of Kentucky. In the event of any litigation among
the parties involving the Agreement or the transactions
contemplated hereby, the parties agree that the exclusive
venue for such dispute shall be the circuit court with venue
in Laurel County, Kentucky, and the parties hereby submit to
the exclusive personal jurisdiction of said court.
- No other warranties
.
Unless modified in
writing signed by both parties, the attached Sales Agreement
together with this agreement is understood to be the completed
agreement of the parties and all prior discussions and
negotiations not specifically referenced are not a part of
this agreement. In the event that any individual portion of
this agreement is found to be ineffective or in conflict with
applicable law the remaining portions shall survive and remain
effective.
- Allocation of risks
.
This agreement allocates the risks of failure of the parts
produced by Kolb and the Purchaser. This allocation is
recognized by both parties and is reflected in the price of
the aircraft kit. THE PURCHASER ACKNOWLEDGES THAT IT HAS READ
THIS AGREEMENT, UNDERSTANDS IT, AND IS BOUND BY ITS TERMS.
