Nasco Aircraft Brake, Inc. ("Nasco") warrants that its products will perform in a safe and proper manner when installed, maintained and operated on the aircraft in accordance with the brake manufacturer's Component Maintenance Manual, and that Nasco's products will perform in an equivalent manner to the particular OEM products or components that they replace.
Nasco warrants to Buyer and no one else that the products will conform to Nasco's drawings and specifications at the time of delivery, and will be free from defects in material and workmanship for a period of one year from the date of delivery to the Buyer, or six months after the date of first use, whichever occurs first. Nasco further warrants to the Buyer and no one else that the products when properly installed, maintained and operated on the appropriate aircraft will meet the Federal Aviation Regulations applicable to the products. Normal wear and tear and/or the need for regular or recommended overhaul and/or period maintenance shall not constitute a defect or nonconformance. If Nasco, in its sole discretion, determines that any of its products do not so conform or have performed in a manner as to adversely affect the performance or reduce the service life of the wheel and brake assembly, Buyer's exclusive remedy shall be for Nasco to repair, or at Nasco's option, replace, at Nasco's facility, the defective products or defective component part thereof or, to make a reasonable allowance on the purchase of replacement products. If any of the products is found to be defective within one hundred eighty (180) days after first use, such products will be repaired or replaced without charge and warranted as new products. Written notice of any claimed defect or nonconformity must be given to Nasco within ninety (90) days after such defect is first discovered and any claim under this warranty must be filed within a period of one (1) year from the date of delivery. Failure to maintain and operate the products in accordance with Nasco's instructions or unauthorized modification of the products shall render the above warranty null and void. No representative has the authority to make any representation, promise, or except as stated herein.
Nasco's Liability to Buyer Under Original Wheel or Brake Manufacturer's Written Warranty re Defects in Materials and Workmanship
To the extent that the original wheel or brake manufacturer's written warranty to the Buyer, regarding defects in materials and workmanship for original wheel or brake assemblies on which Buyer uses Nasco's products, is adjudged to have been properly voided or rendered unenforceable solely because of Buyer's such use of those products, Nasco will perform the original manufacturer's obligations, if any, to the Buyer only under said warranty as if Buyer had not used Nasco's products, but only to the extent of the obligations of the original manufacturer. Nothing herein shall be construed as an assumption, or an agreement to assume or perform, by Nasco of any other liabilities or obligations under any other warranty, express or implied, or agreement. Nothing herein shall be construed as any assumption of liability for, or any agreement by Nasco to indemnify, defend and/or hold harmless the Buyer, the original wheel or brake manufacturer, or any other person or entity, against, any claims by third-parties or any claims for any special, incidental or consequential damages.
Failure to maintain and operate the products in accordance with Nasco's instructions or unauthorized modification of the products shall render the above warranty null and void. No representative has the authority to make any representation, promise, or except as stated herein.
Exclusion And Disclaimer Of All Implied Warranties, Including The Implied Warranties Of Merchantability And Fitness For A Particular Purpose
OTHER THAN AS STATED HEREIN, ALL EXPRESS AND/OR IMPLIED WARRANTIES, GUARANTIES AND/OR REPRESENTATIONS BY NASCO AND/OR ITS REPRESENTATIVE(S) REGARDING THE DESIGN, MANUFACTURE, PURCHASE, USE AND/OR OPERATION OF EACH AND EVERY PRODUCTS SOLD HEREUNDER, REGARDLESS OF WHETHER ANY SUCH WARRANTY, GUARANTY AND/OR REPRESENTATION, WRITTEN OR ORAL, ARISES BY OPERATION OF LAW AND/OR EQUITY AND/OR BY ANY ACT OR OMISSION OF NASCO AND/OR ITS REPRESENTATIVE(S), OR THE BUYER, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED BY NASCO AND/OR ITS REPRESENTATIVES.
Limitation on Liability
IN NO EVENT SHALL NASCO BE LIABLE TO BUYER OR ANY OTHER PERSON FOR INDIRECT, INCIDENTAL, SPECIAL AND/OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO, DIRECTLY OR INDIRECTLY, ANY BREACH OF ANY PROVISION OF ANY AGREEMENT BETWEEN NASCO AND BUYER, ANY WARRANTY HEREUNDER, AND/OR THE EXISTENCE, DESIGN, MANUFACTURE, PURCHASE, USE AND/OR OPERATION OF ANY PRODUCTS SOLD HEREUNDER EVEN IF NASCO HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.