Warranty

RETURN/WARRANTY/EXCHANGE POLICIES/PAYMENT TERMS

RETURN POLICY:

ANY SERVICE OR PHB CONTRACT WITHOUT ACTIVITY FOR THIRTY CONSECUTIVE DAYS WILL BECOME NULL AND VOID WITHOUT ANY NOTICE

Any item nonconformity shall be reported to Avcom Avionics Instruments, Inc. (hereinafter described as "AVCOM") in writing, within five (5) calendar days from AVCOM's shipping date. After the fifth day all sales shall be deemed final and no returns shall be accepted. If within the time provided, Customer shall, at its own expense, return the item(s) to AVCOM, no later than five (5) days after reporting the item nonconformity to AVCOM.

All item(s) returned in a timely manner, shall be in the original wrapper/box/shipping material. If the original wrapper/box/ shipping materials are damaged the return shall not be accepted and Customer shall be responsible for all shipping costs to recover its item(s). There shall be a thirty (30%) percent restocking fee applied to all accepted returned items.

SPECIAL ORDER and AIRCRAFT ON GROUND (A.O.G.) ITEMS:
Special order items and A.O.G. items are not returnable under any circumstances.

WARRANTY REPAIRS:
AVCOM shall assess a $895.00 minimum cost to Customer for any warranty work performed where no defects are found and no repairs are necessary for the item to be used for its intended purpose.

WARRANTY REPAIR COVERAGE:

This Warranty shall not cover:

(1) Bench Check;
(2) Alignment;
(3) Defects or damages caused by unauthorized service;
(4) Damages or malfunctions caused by negligence, abuse, or use not in accordance with intended function of the item; and
(5) New Equipment (Customer shall ship the item directly to the original equipment manufacturer (OEM) for warranty consideration, at no cost to AVCOM).

(6) Corrupt boot and/or OPS software from failed field load attempts.

This Warranty shall cover:

(1) Parts and Labor to repair Customer Unit(s), for a period not to exceed 180 days from AVCOM's shipping date to Customer, (or 2000 hours, whichever comes first), limited to those certain parts previously replaced by AVCOM, and listed on the work order;
(2) Parts and Labor to repair Sales Unit(s), for a period not to exceed 180 days from AVCOM's shipping date to Customer, (or 2000 hours, whichever comes first), limited to those certain parts previously replaced by AVCOM, and listed on the work order;
(3) Parts and Labor to overhaul Collins, Honeywell and Bendix/King 700 & 900 Series LRU's, for a period not to exceed 365 days from AVCOM's shipping date to Customer, (or 2000 hours, whichever comes first), limited to those certain parts previously replaced by AVCOM, and listed on the work order.

TCAS ANTENNA WARRANTY:
TCAS Antenna warranty covers the paint and erosion boot only, for a period not to exceed 180 days from Avcom’s shipping date to Customer.

WARRANTY REPAIRS TO CURRENT PRODUCTION AVIONICS:
Parts and Labor to repair current production avionics shall be covered under warranty for a period not to exceed 180 days from AVCOM's shipping date to Customer and is limited to those certain parts previously replaced by AVCOM, and listed on the work order.

WARRANTY REPAIRS TO NON-CURRENT PRODUCTION AVIONICS:
Parts and Labor to repair non-current production avionics shall be covered under warranty for a period not to exceed 90 days from AVCOM's shipping date to Customer and is limited to those certain parts previously replaced by AVCOM, and listed on the work order.

EXCHANGES:
AVCOM reserves the right to inspect all cores received for exchange. All such cores shall be free of any accident and/or incident and traceable in accordance with current industry standards and in compliance with all governmental regulations. AVCOM shall only accept exchanges where the part number and dash number are identical to those previously supplied by AVCOM.

THE FOLLOWING SHALL VOID THE WARRANTY:
(1) Tampered void seals;
(2) Foreign particle contamination or water intrusion;
(3) Improper installation;
(4) Faulty peripherals, and/or defective aircraft installation;
(5) Excessive wear and tear, abuse, misuse, neglect, improper storage, improper handling, or installation and/or physical damage and maintenance for system-induced problems are excluded from this warranty;
(6) Third party repairs; and
(7) Failure to pay for any parts and work performed by AVCOM, other than that covered under this warranty, or for any goods shipped to Customer, which have outstanding balances due AVCOM.

AVCOM ASSUMES NO RESPONSIBILITY OR LIABILITY TOWARDS:
(1) Freight/shipping charges. All Customer claims shall be F.O.B. Miami;
(2) Loss of Revenue;
(3) Units outside the warranty time limitations; and/or
(4) Third party evaluations or repairs during the warranty period.

LIMITED LIABILITY:
Any and all liability attributable to AVCOM shall be limited to the costs of the repair of the item or the replacement thereof, in like kind, if necessary. In no event shall AVCOM be liable for any direct or consequential or incidental damages which may arise out of the repair, sale and/or use of the unit which is sold or otherwise supplied to Customer. Avcom shall not be liable for any Customer costs associated with troubleshooting, removal, installation or shipping of any defective or returned units.

LIMITED WARRANTY:
Avcom makes no other claim or further warranty, expressed, implied or statutory and hereby specifically disclaims the implied warranties of merchantability and fitness for a particular purpose or use. This warranty is limited to the initial Customer that contracted with Avcom and shall not be transferable to any other third party unless otherwise consented to in Avcom’s sole and unfettered discretion, which consent must be in writing. Except as stated specifically herein, this warranty is limited to the duration of the warranty period.

RETRIEVAL AND PAYMENT OF REPAIRED ITEMS:
Upon completion of an authorized repair/replacement, AVCOM shall notify the soliciting Customer that the repair/replacement is completed. Upon receipt of said notice by email, facsimile or U.S. Mail, Customer shall at the same time of its retrieval, pay for the repair/replacement. Should Customer fail to retrieve its items within 30 days from the date of original notice, AVCOM shall be entitled to sell the item at a private sale and apply the sales price received to the outstanding monies due AVCOM by Customer. AVCOM shall also be entitled to obtain accrued interest at the legal rate in the State of Florida, storage fees at the rate of $50.00 a day and reasonable attorney's fees. Should the amount received from the private sale be less than the amount then due AVCOM, AVCOM shall be entitled to maintain a deficiency action against Customer. AVCOM shall retain title to all items sold and/or shipped to Customer until payment in full is received and acknowledged by AVCOM's banking institution.

RETRIEVAL OF UNIT FROM END USER/END USER AIRCRAFT:
AVCOM reserves the right to retrieve its units from the end user or end user aircraft if payment is in default.

TERMS OF PAYMENT:
All payments due from Customer to AVCOM are to be paid in accordance with the written invoiced terms.

a) Any inactive account for the period of 6 months will be placed on C.O.D. terms.

b) Any LRU transaction over $10K USD must be paid through a wire transfer of funds.

This warranty revision replaces any and all previous warranty statements.