Common use of Standard Warranty Clause in Contracts

Standard Warranty. Seller warrants that at the time of delivery each product and each spare part purchased by Buyer from Seller, will: a) be free from defects in material, design and workmanship b) conform to Airworthiness Authority’s requirements, the aircraft manufacturer’s applicable descriptions, specifications, performance warranties and drawings as set forth in Seller’s and Buyer’s applicable specifications c) be suitable for the intended purposes as set forth in the relevant specification. The warranty period is twenty-four (24) months from delivery, unless noted and agreed upon otherwise. Defects or failures attributable to misuse, negligence, unauthorized repair by Buyer, malfunction or failure resulting from non-conformance or non-compliance by Buyer with Seller’s operating, maintenance, overhaul or other approved related instructions furnished to Buyer, are excluded from this warranty. Seller’s warranty shall cease if Buyer uses spare parts or replacement parts which are not approved by Seller on Seller’s products. Failures occurring on parts subject to normal wear and tear are also excluded from this warranty. Buyer Furnished Equipment is excluded from any warranty of Seller. Rectification or replacement of items under warranty shall be made within a mutually agreed time after receipt of warranty claim and the defective item at Seller’s costs. In the event of a rectification and replacement of warranty items at a place designated by Buyer, Seller shall be responsible for the costs. If, however, a failure is deemed by Seller not to constitute a warranty, Buyer shall reimburse to Seller all costs for replacement or rectification, including transportation costs. The not expired portion of this warranty for a product or spare part shall only be enforceable by airlines in commercial air transport service other than the Buyer, if the product or spare part is in the possession of a third party airline as a result of sale, exchange, pooling or leasing between such other airline and the Buyer. Subject to the provisions, limitations and exclusions of the foregoing warranty, provided the airline operator exercises the same care during operation and maintenance as Buyer. The rights and remedies of Buyer provided in this article shall be exclusive. Any further liability of the Seller is excluded. If an item has to be repaired or replaced because of a warranty claim, there will be a suspension on the original warranty period up to the date the replacement or repair of the item is finished. The warranty period will be suspended for the period necessary for replacement or repair and will continue after finalization of replacement or repair. Should any product or spare part fail to comply with the warranty and this is discovered within the applicable warranty period and Seller receives a warranty claim within fifteen (15) calendar days after discovery of a deviation or defect, Seller shall at its own expense without undue delay make all necessary rectifications or furnish replacement on Seller’s option. Buyer’s notice of warranty claims shall contain the following information regarding the item: a) Part Number b) Nomenclature c) Serial Number d) Quantity e) Kind and Extent of Failure f) Delivery date Seller will analyze Buyer’s warranty claims on the basis of Seller’s reports from Seller’s regional representative and Seller’s inspection, tests, findings during repair and failure analysis.

Standard Warranty. Seller hereby warrants that at the time Equipment shall (i) be free from all liens, charges or encumbrances, except any lien of delivery each product and each spare part purchased by Buyer from Seller, will: athe Seller in respect of any unpaid portion of the Purchase Price; (ii) be free from defects in materialmaterials and workmanship and shall conform to the provisions and specifications of this Sales Agreement (including without limitation the Specifications); (iii) be new and, design if no quality is specified, of a quality consistent with the Seller's usual and workmanship normal production; and (iv) conform with OSHA regulations in force at the time of Acceptance of the Equipment. Seller shall use its reasonable best efforts to as soon as practicable obtain for Seller's own benefit Third-Party Hardware and Third-Party Software warranties that are at least co-extensive with Seller's warranty obligations to Purchaser under clause (ii) of the immediately preceding sentence with respect to the Equipment. Notwithstanding the foregoing, if Seller, after so using its reasonable best efforts, fails to obtain for Seller's own benefit such warranties, then Seller shall immediately notify Purchaser in writing of the nature and extent of such failure, and the parties shall negotiate in good faith as to (a) adjustment of schedules for performance of the Work in order for Seller to secure such warranties, (b) conform Seller's limited release from its warranty obligations under clause (ii) of the immediately preceding sentence with respect to Airworthiness Authority’s requirementssuch Third-Party Hardware or Third-Party Software, and/or (c) a reduction or increase in the Purchaser Price to reflect the changed schedule and/or lessened warranty obligations, as applicable. Any agreement between the parties resulting from such negotiations must be in writing. Seller's failure to notify Purchaser as required above shall constitute Seller's waiver of its renegotiation rights in the preceding sentence, and the provisions of this Article 17 shall remain in full force and effect. Seller shall, at its option, repair or replace (replacement parts to be shipped F.O.B. Worksite) any defective Equipment or component thereof; provided, however, that Seller is given written notice of any defect during the Warranty Period (as defined below). For purposes of Articles 17a) and b), the aircraft manufacturer’s applicable descriptions, specifications, performance warranties and drawings as set forth in Seller’s and Buyer’s applicable specifications c) be suitable for the intended purposes as set forth in the relevant specification. The warranty period shall commence on the earlier of the date of first commercial use of the Equipment by Purchaser or the date of Acceptance of the Equipment, and the warranty period shall end one year after such commencement date ("Warranty Period"). Purchaser shall give Seller prompt reasonable written notice of any claim under the foregoing warranty within the Warranty Period and permit Seller to inspect the Equipment in order to verify the defect or nonconformity. Seller shall promptly and reasonably respond to verify and correct the defect. Purchaser's remedies and Seller's obligations in connection with any claim made under this warranty shall be limited to repair or replacement at Seller's expense of the Equipment or part thereof which is twenty-four (24) months from delivery, unless noted and agreed upon otherwisedefective. Defects or failures attributable Labor performed at the Worksite with regard to misuse, negligence, unauthorized repair by Buyer, malfunction or failure resulting from non-conformance or non-compliance by Buyer with Seller’s operating, maintenance, overhaul or other approved related instructions furnished to Buyer, are excluded from such claims is not included in this warranty. Seller’s warranty shall cease if Buyer uses spare parts or replacement parts which are not approved by Seller on Seller’s products. Failures occurring on parts subject to normal wear and tear are also excluded from this warranty. Buyer Furnished Equipment is excluded from any warranty of Seller. Rectification or replacement of items under warranty shall be made within a mutually agreed time after receipt of warranty claim and the defective item at Seller’s costs. In the event of a rectification and replacement of warranty items at a place designated by Buyer, Seller Purchaser shall be responsible for the costs. If, however, a failure is deemed by Seller not to constitute a warranty, Buyer shall reimburse to Seller all costs for replacement or rectification, including transportation costs. The not expired portion of this warranty for a product or spare part shall only be enforceable by airlines in commercial air transport service other than the Buyer, if the product or spare part is in the possession of a third party airline as a result of sale, exchange, pooling or leasing between such other airline normal maintenance and the Buyer. Subject to the provisions, limitations and exclusions of the foregoing warranty, provided the airline operator exercises the same care during operation and maintenance as Buyer. The rights and remedies of Buyer provided in this article shall be exclusive. Any further liability of the Seller is excluded. If an item has to be repaired or replaced because of a warranty claim, there will be a suspension on the original warranty period up to the date the replacement or repair of the item is finishedEquipment and shall perform the same in accordance with generally accepted maintenance procedures or such other reasonable procedures as are set forth in maintenance and repair manuals provided by Seller to Purchaser. The warranty period will Seller shall not, under this Article 17, be suspended responsible for or obligated to pay or to reimburse Purchaser for (a) any work or repairs performed on the period necessary Equipment by third parties (other than on behalf of Seller and except for replacement or repair and will continue after finalization mutually agreed subcontractors), (b) any materials furnished by third parties (other than on behalf of replacement or repair. Should any product or spare part fail to comply Seller) for use in connection with the warranty and this is discovered within Equipment if the applicable warranty period and Seller receives a warranty claim within fifteen same was undertaken or furnished without mutual prior written consent or (15) calendar days after discovery of a deviation or defect, Seller shall at its own expense without undue delay make all necessary rectifications or furnish replacement on Seller’s option. Buyer’s notice of warranty claims shall contain the following information regarding the item: a) Part Number b) Nomenclature c) Serial Number d) Quantity e) Kind any loss or damage arising from improper operation or maintenance of the Equipment by Purchaser or from ordinary wear and Extent of Failure f) Delivery date Seller will analyze Buyer’s warranty claims on the basis of Seller’s reports from Seller’s regional representative and Seller’s inspection, tests, findings during repair and failure analysistear.

Standard Warranty. Seller Herdstar warrants to Customer that at all Product shall be new, of good quality, in conformance with the time terms of delivery each product the Agreement and each spare part purchased by Buyer from Sellerall legal requirements, will: a) and will be free from defects in material, design material and workmanship b) conform to Airworthiness Authority’s requirements, the aircraft manufacturer’s applicable descriptions, specifications, performance warranties and drawings as set forth in Seller’s and Buyer’s applicable specifications c) be suitable workmanship for the intended purposes as set forth in the relevant specification. The warranty period is twenty-four twelve (2412) months from deliverythe date of shipment (“Standard Warranty”). Any refurbished parts, unless noted and agreed upon otherwise. Defects or failures attributable to misuseif available, negligence, unauthorized repair by Buyer, malfunction or failure resulting from non-conformance or non-compliance by Buyer with Seller’s operating, maintenance, overhaul or other approved related instructions furnished to Buyer, are excluded from this warranty. Seller’s carry a warranty shall cease if Buyer uses spare that such parts or replacement parts which are not approved by Seller on Seller’s products. Failures occurring on parts subject to normal wear and tear are also excluded from this warranty. Buyer Furnished Equipment is excluded from any warranty of Seller. Rectification or replacement of items under warranty shall be made within a mutually agreed time after receipt of warranty claim good quality and the defective item at Seller’s costs. In the event of a rectification free from defects in materials and replacement of warranty items at a place designated by Buyer, Seller shall be responsible for the costs. If, however, a failure is deemed by Seller not to constitute a warranty, Buyer shall reimburse to Seller all costs for replacement or rectification, including transportation costs. The not expired portion of this warranty workmanship for a product or spare part shall only period of ninety (90) days from shipment. All warranty claims must be enforceable by airlines in commercial air transport service other than the Buyer, if the product or spare part is in the possession of a third party airline as a result of sale, exchange, pooling or leasing between such other airline and the Buyer. Subject submitted to the provisions, limitations and exclusions of the foregoing warranty, provided the airline operator exercises the same care during operation and maintenance as Buyer. The rights and remedies of Buyer provided in this article shall be exclusive. Any further liability of the Seller is excluded. If an item has to be repaired or replaced because of a warranty claim, there will be a suspension on the original warranty period up to the date the replacement or repair of the item is finished. The warranty period will be suspended for the period necessary for replacement or repair and will continue after finalization of replacement or repair. Should any product or spare part fail to comply with the warranty and this is discovered within the applicable warranty period and Seller receives a warranty claim Herdstar within fifteen (15) calendar days after of discovery of defects within the warranty period, or shall be deemed waived. Notwithstanding any contrary provision or agreement, Herdstar’s sole responsibility hereunder shall be to furnish replacements for such defective products or parts without charge F.O.B. its factory. This Standard Warranty shall not apply to: (i) any Product that has been subject to misuse, misapplication, neglect (including but not limited to improper maintenance and storage), accident, improper installation, modification (including but not limited to use of unauthorized parts of attachments), adjustment or repair; or (ii) damage, loss, or diminution of or to any Product resulting from or related to normal wear and tear, or usage of wear parts. Identifiable items manufactured by others but installed in or affixed to Herdstar’s Product are not warranted by Herdstar. To submit a deviation warranty claim on parts, Customer must notify Herdstar in writing of the alleged warranty claim, obtain a return merchandise authorization ("RMA") from Herdstar, and return the part to Herdstar at Customer’s expense within ten (10) days of issuance of the RMA. Herdstar will review the warranty claim, inspect the part, and notify Customer in writing of its findings. Notwithstanding any contrary provision or defectagreement, Seller shall Herdstar’s maximum liability for its Product, whether in contract, negligence, or strict liability in tort, is limited to the repair or replacement of the Product at its own expense without undue delay make all necessary rectifications issue, or furnish replacement on Seller’s option. Buyer’s notice of warranty claims shall contain the following information regarding the item: a) Part Number b) Nomenclature c) Serial Number d) Quantity e) Kind and Extent of Failure f) Delivery date Seller will analyze Buyer’s warranty claims on the basis of Seller’s reports from Seller’s regional representative and Seller’s inspection, tests, findings during repair and failure analysisparts thereof.

Standard Warranty. Seller warrants that at the time of delivery each product and each spare part purchased by Buyer from Seller, will: a) be free from defects in material, design and workmanship b) conform to Airworthiness Authority’s requirements, the aircraft manufacturer’s applicable descriptions, specifications, performance warranties and drawings as set forth in Seller’s and Buyer’s applicable specifications c) be suitable for the intended purposes as set forth in the relevant specification. The warranty period is twenty-four (24) months month from delivery, unless noted and agreed upon otherwise. Defects or failures attributable to misuse, negligence, negligence or unauthorized repair by Buyer, malfunction or failure resulting from non-conformance or non-compliance by Buyer with Seller’s operating, maintenance, overhaul or other approved related instructions furnished to Buyer, are excluded from this warranty. Seller’s warranty shall cease if Buyer uses spare parts or replacement parts which are not approved by Seller on Seller’s products. Failures occurring on parts subject to normal wear and tear are also excluded from this warranty. Buyer Furnished Equipment is excluded from any warranty of Seller. Rectification or replacement of items under warranty shall be made within a mutually agreed time after receipt of warranty claim and the defective item at Seller’s costs. In the event of a rectification and replacement of warranty items at a place designated by Buyer, Seller shall be responsible for the costs. If, however, a failure is deemed by Seller not to constitute a warranty, Buyer shall reimburse to Seller all costs for replacement or rectification, including transportation costs. The not expired portion of this warranty for a product or spare part shall only be enforceable by airlines in commercial air transport service other than the Buyer, if the product or spare part is in the possession of a third party airline as a result of sale, exchange, pooling or leasing between such other airline and the Buyer. Subject to the provisions, limitations and exclusions of the foregoing warranty, provided the airline operator exercises the same care during operation and maintenance as Buyer. The rights and remedies of Buyer provided in this article shall be exclusive. Any further liability of the Seller is excluded. If an item has to be repaired or replaced because of a warranty claim, there will be a suspension on the original warranty period up to the date the replacement or repair of the item is finished. The warranty period will be suspended for the period necessary for replacement or repair and will continue after finalization of replacement or repair. Should any product or spare part fail to comply with the warranty and this is discovered within the applicable warranty period and Seller receives a warranty claim within fifteen (15) calendar days after discovery of a deviation or defectdefect a warranty claim, Seller shall at its own expense without undue delay make all necessary rectifications or furnish replacement on Seller’s option. option Buyer’s notice of warranty claims shall contain the following information regarding the item: a) Part Number b) Nomenclature c) Serial Number d) Quantity e) Kind and Extent of Failure f) Delivery date Seller will analyze Buyer’s warranty claims on the basis of Seller’s reports from Seller’s regional representative and Seller’s inspection, tests, findings during repair and failure analysis.

Standard Warranty. Seller HerdStar warrants to Customer that at all Product shall be new, of good quality, in conformance with the time terms of delivery each product the Agreement and each spare part purchased by Buyer from Sellerall legal requirements, will: a) and will be free from defects in material, design material and workmanship b) conform to Airworthiness Authority’s requirements, the aircraft manufacturer’s applicable descriptions, specifications, performance warranties and drawings as set forth in Seller’s and Buyer’s applicable specifications c) be suitable workmanship for the intended purposes as set forth in the relevant specification. The warranty period is twenty-four twelve (2412) months from deliverythe date of shipment (“Standard Warranty”). Any refurbished parts, unless noted and agreed upon otherwise. Defects or failures attributable to misuseif available, negligence, unauthorized repair by Buyer, malfunction or failure resulting from non-conformance or non-compliance by Buyer with Seller’s operating, maintenance, overhaul or other approved related instructions furnished to Buyer, are excluded from this warranty. Seller’s carry a warranty shall cease if Buyer uses spare that such parts or replacement parts which are not approved by Seller on Seller’s products. Failures occurring on parts subject to normal wear and tear are also excluded from this warranty. Buyer Furnished Equipment is excluded from any warranty of Seller. Rectification or replacement of items under warranty shall be made within a mutually agreed time after receipt of warranty claim free from defects in materials and the defective item at Seller’s costs. In the event of a rectification and replacement of warranty items at a place designated by Buyer, Seller shall be responsible for the costs. If, however, a failure is deemed by Seller not to constitute a warranty, Buyer shall reimburse to Seller all costs for replacement or rectification, including transportation costs. The not expired portion of this warranty workmanship for a product or spare part shall only period of ninety (90) days from shipment. All warranty claims must be enforceable by airlines in commercial air transport service other than the Buyer, if the product or spare part is in the possession of a third party airline as a result of sale, exchange, pooling or leasing between such other airline and the Buyer. Subject submitted to the provisions, limitations and exclusions of the foregoing warranty, provided the airline operator exercises the same care during operation and maintenance as Buyer. The rights and remedies of Buyer provided in this article shall be exclusive. Any further liability of the Seller is excluded. If an item has to be repaired or replaced because of a warranty claim, there will be a suspension on the original warranty period up to the date the replacement or repair of the item is finished. The warranty period will be suspended for the period necessary for replacement or repair and will continue after finalization of replacement or repair. Should any product or spare part fail to comply with the warranty and this is discovered within the applicable warranty period and Seller receives a warranty claim HerdStar within fifteen (15) calendar days after of discovery of defects within the warranty period, or shall be deemed waived. Notwithstanding any contrary provision or agreement, HerdStar’s sole responsibility hereunder shall be to furnish replacements for such defective products or parts without charge F.O.B. its factory. This Standard Warranty shall not apply to: (i) any Product that has been subject to misuse, misapplication, neglect (including but not limited to improper maintenance and storage), accident, improper installation, modification (including but not limited to use of unauthorized parts of attachments), adjustment or repair; or (ii) damage, loss, or diminution of or to any Product resulting from or related to normal wear and tear, or usage of wear parts. Identifiable items manufactured by others but installed in or affixed to HerdStar’s Product are not warranted by HerdStar. To submit a deviation warranty claim on parts, Customer must notify HerdStar in writing of the alleged warranty claim, obtain a return merchandise authorization ("RMA") from HerdStar, and return the part to HerdStar at Customer’s expense within ten (10) days of issuance of the RMA. HerdStar will review the warranty claim, inspect the part, and notify Customer in writing of its findings. Notwithstanding any contrary provision or defectagreement, Seller shall HerdStar’s maximum liability for its Product, whether in contract, negligence, or strict liability in tort, is limited to the repair or replacement of the Product at its own expense without undue delay make all necessary rectifications issue, or furnish replacement on Seller’s option. Buyer’s notice of warranty claims shall contain the following information regarding the item: a) Part Number b) Nomenclature c) Serial Number d) Quantity e) Kind and Extent of Failure f) Delivery date Seller will analyze Buyer’s warranty claims on the basis of Seller’s reports from Seller’s regional representative and Seller’s inspection, tests, findings during repair and failure analysisparts thereof.