The customer acknowledges and agrees that Service Aero Solutions, LLC., hereafter SAS, and any of its affiliates, officers, directors, members, employees, agents, or representatives has made or will be deemed to have made any term, condition, representation, warranty or covenant express or implied (whether statutory or otherwise as to (a) the capacity, age, value, quality, durability, description, condition (whether of the engine, any part thereof or it records or other engine documents), design, workmanship, materials, manufacture, construction, operation, description, state, merchantability, performance, fitness for any particular use or purpose (including the ability to operate or register the engine or use the engine in any or all jurisdictions) or suitability of the engine or any part thereof, (b) the absence of latent or other defects, whether or not discoverable, known or unknown, apparent or concealed, interior or exterior, (c) the absence of any infringement of any patent, trademark, copyright or other intellectual property rights, (d) any implied warranty arising from the course of performance, course of dealing or usage of trade or (e) any other representations or warranty whatsoever, expressed or implied, with the respect to the engine, any part thereof or its records or other engine documents, all of which are hereby expressly excluded. The parties acknowledge that nothing herein will be deemed to limit the customer from availing itself of any warranties, covenants and representations of any manufacturer. The customer agrees to indemnify, and hold SAS, its members, directors, officers, employees, agents and representatives harmless from and against any and all liabilities, losses, damages and claims of any kind including costs, reasonable attorney’s fees in connection with any injury or death or damage to property arising from or in any way connected with the products and services rendered under this agreement except where such damage or loss is the result of willful misconduct of members, directors, officers, employees, agents and/or representatives of SAS. Neither party hereto will be liable to the other for any special, consequential, incidental, nor exemplary damages of any kind whatsoever arising out of or in connection with the performance or failure to, preform under this agreement. No agreement varying or extending the forging limitation of liability will be binding upon either party unless in writing, signed by a duly authorized officer of that party. The condition of the aircraft and/or engine(s) reflected in the findings made by SAS in SAS’s report, is effective at and limited to the date, time and location of the aircraft and/or engine(s) at the time of completion of SAS inspection, and no warranties or representations are made by SAS with the respect to the condition of the aircraft and/or engine(s) at anytime thereafter the customer hereby acknowledges and agrees to obtain and maintain aircraft and engine hull insurance in an amount equal to the fair market value of same and will require such insurer to wave any and all rights of subrogation against SAS and its members, directors, officers, employees, agents and/or representatives with respect to any and all losses or damage sustained by customer and/or insured by such insurer. Prior to determining the scope of work, the customer shall disclose all known or suspected conditions that affect the serviceability of the incoming engine, to include but not limited to previous operators and owner, accidents, incidents, abnormal operations, abnormal handling, abnormal storage, deferred defects, conditions requiring special inspections, and reason for removal. SAS and the customer expressly acknowledge and agree that with the respect to the tasks listed on the above work scope, SAS is relying on the customer to timely deliver to SAS accurate and current applicable manufacturer instructions, test procedures and relevant guidance. Finally, SAS and customer expressly acknowledge and agree that SAS shall not under any circumstances, be liable or responsible for damage to or destruction on customer’s property during the completion of the tasks listed on the work scope stated above for which customer hereby unconditionally waives and releases SAS for any claims or losses arising therefrom.
Terms and Conditions