|
|
|
|
Commercial
Warranty for the CFE738 Engine
|
 |
|
|
|
| |
Original
Equipment Engines
CFE Co. warrants
to the Owner that each Engine sold for installation as original
equipment on new aircraft will at time of delivery be free from
defects in material, workmanship and title. Warranty shall run to
the original purchaser, its successor, assigns and transferees when
they are the Owner. This warranty shall expire seventy-eight (78)
months from the date of shipment by CFE Co. or sixty (60) months
from the date aircraft is put into Commercial Use or two thousand
(2,000) Engine Operating Hours after Initial Operation, whichever
first occurs.
New Spare
Engines
CFE Co. warrants
to the Owner that each new spare Engine sold for installation on
aircraft will at time of delivery be free from defects in material,
workmanship and title. Warranty shall run to the original purchaser,
its successors, assigns and transferees when they are the Owner.
This warranty shall expire seventy-eight (78) months from the date
of shipment by CFE Co. or sixty (60) months from the date of Initial
Operation of the new Engine or two thousand (2,000) Engine Operating
Hours after Initial Operation, whichever first occurs.
|
|
New Spare
Parts for Engines
CFE Co. warrants
to the Owner that new spare Parts sold for installation in Engines
will at time of delivery be free from defect in material, workmanship
and title. Warranty, shall run to the original purchaser, its successors,
assigns and transferees when they are the Owner. This warranty shall
expire thirty-six (36) months from the date of shipment by CFE Co.
or twelve (12) months from date of installation of the new spare
part in an Engine or 1,000 Part Operating Hours, whichever first
occurs.
Cyclic Life
CFE Co. provides
to the Owner a warranty on those rotating Parts listed in applicable
Service Bulletins or Maintenance Manuals which delineate cyclic
life limits on major rotating Parts. The definition of "cycle"
for Engines and Parts is contained in applicable Service Bulletins
or Maintenance Manuals. Should those listed rotating Parts cyclic
life limits be less that 10,000 cycles or subsequently have their
cyclic life limits permanently reduced, then CFE Co. will grant
an adjustment towards the purchase of a replacement Part. This adjustment
will be pro rata at the time of permanent retirement, imposed by
cyclic life limitations based on the Service Bulletin published
Parts life compared to the 10,000 cycles. Repair work to restore
fair wear and tear and modification to extend the service lives
of the Parts to attain 10,000 cycles do not constitute grounds for
claims.
|
| |
 |
|
|
|
|
Definitions
|
|
|
| |
 |
|
|
| |
As used herein,
the following words and phrases have the following meanings:
- "CFE
Co." means the partnership formed by Honeywell Inc. acting
through its Honeywell Propulsion Engines and CFE Core Corporation,
a wholly owned subsidiary of General Electric Company.
- "Commercial
Use" means the operation of the Engines in aircraft licensed
by the FAA or its equivalent for general civilian and commercial
use excluding aerial dusting and spraying and any other type of
flying requiring special authorization of dispensation by FAA
or its equivalent.
- "Engine"
means a new CFE738 Engines delivered for Commercial Use.
- "Engine
Operating Hours" or "Part Operating Hours" means
the total number of flight hours on an Engine or a Part.
- "Failure"
is the breakage of a Part, failure to function of a Part, or injury
to a Part rendering it unserviceable, if such breakage, failure
or injury has been determined to the reasonable satisfaction of
the CFE Co. to be due to a defect in material or workmanship.
- "Initial
Operation" means the first running of the Engine after obtaining
a certificate of airworthiness on the aircraft, or, in the case
of a new space Engine, means the first running of the spare Engine
after installation on the aircraft.
- "Normal
Wear and Tear" means the gradual and expected deterioration
of an Engine or Part proportionate with the time spent in normal
service, use or operation.
- "Owner"
means the owner of the aircraft registered with the Federal Aviation
Agency (FAA)or its equivalent in which the Engine is installed at time of warranty
claim, or the legal Owner of the Engine.
- "Part
means only those Parts that are manufactured or supplied by the
CFE Co. for Commercial Use as components of a new Engine or sold
by CFE Co. for Commercial Use as replacement Parts.
|
| |
 |
|
|
|
|
Responsibility
of CFE Co.
|
|
|
| |
 |
|
|
| |
- If an Engine
or Part is returned to CFE Co. or a CFE Co. Authorized Service
Center and found by CFE Co. in its sole discretion to have Failed
as a result of a defect in material or workmanship covered by
this warranty ("Non-Conforming Item," "Non-Conforming
Engine" or "Non-Conforming Part" as applicable),
CFE Co. shall at no cost to the Owner:
| a. |
Repair
or replace, at CFE Co.'s option, the Non-Conforming Item; |
| b. |
Provide
at CFE Co. facility or reimburse CFE Co. Authorized Service
Centers for providing with respect to a Non-Conforming Engine:
(1) Trouble Shooting Labor
(2) Engine Access Labor, and/or
(3) Line Replaceable Unit and/or Engine Removal/Reinstallation
Labor necessarily related to the Non-Conforming Item. |
The foregoing
labor shall be provided or reimbursed in accordance with CFE Co.'s
then current Warranty Labor Allowance Schedule and Warranty Procedures,
copies of which are available for inspection at CFE Co. facilities
and Authorized Service Centers.
| c. |
Waive
CFE Co.'s normal Engine rental charge under its standard
Engine Rental Agreement while Unscheduled Heavy Maintenance
(as defined in CFE Co. service literature) covered under
this warranty is being accomplished, subject to availability
of a rental engine. |
| d. |
Assume
commercially reasonable round trip common carrier freight
charges of the Non-Conforming Item from the location of
the Owner's aircraft in the case of a Non-Conforming Engine,or
from the location of the Owner's Engine in the case of a
Non-Conforming Part, to the nearest CFE Co. Authorized Service
Center. |
A part covered
by the terms of this warranty shall be considered a Non-Conforming
Item when damaged as a result of the Failure of a Non-Conforming
Item covered by the terms of this warranty. Both of the Parts
mentioned in the preceding sentence must be within the warranty
period applicable to such Parts. Except as provided above, CFE
Co. shall have no further obligation under this warranty.
- The correction
of any failure hereunder shall in no way extend the period of
this warranty.
- Any Engine
or Part which is replaced shall become the property of CFE Co.
- CFE Co. reserves
the right to make changes in the design, and to add improvements
without incurring any obligation to incorporate the same on other
engines or parts sold by CFE Co.
|
| |
 |
|
|
| |
Responsibility
of the Owner |
|
|
| |
 |
|
|
| |
The following
conditions govern the application of this warranty.
- Owner shall
assure that records are maintained which will accurately reflect
Engine and applicable Part Operating Hours and cycles and when
maintenance was performed. At CFE Co.'s request, such records
shall be provided to substantiate a warranty claim.
- The provisions
of this warranty will not apply to any Engine or Part if it has
been determined to the reasonable satisfaction of CFE Co. that
the Engine or any Part thereof has failed because it:
| a. |
Has
not been properly installed, stored or maintained; or |
| b. |
Has
been operated contrary to applicable CFE Co. recommendations
as contained in its Manuals, Bulletins, or other written
instruction current at the time; or |
| c. |
Has
been repaired or altered outside of CFE Co.'s facilities,
or those of a CFE Co. Authorized Service Center, in such
a way as to impair its safety of operation, reliability,
or efficiency; or |
| d. |
Has
been subject to misuse, neglect, negligence, operation in
an abnormal environment, or accident; or |
| e. |
Has
been subject to foreign object damage; or |
| f. |
Has
not incorporated al Service Bulletins related to the cause
of failure; or |
| g. |
Has
been subjected to any other defect of cause not within the
control of CFE Co.; or |
| h. |
Failed
or suffered damage caused by any Part not purchased originally,
directly or indirectly (e.g., authorized service center),
from CFE Co. |
- Scheduled
routine maintenance and inspection, including, but not limited
to: disassembly; assembly; cleaning; inspection; replacement of
consumable hardware such as gaskets, filters, packings, igniter
plugs, nuts, bolts, etc.; minor repairs for cracks, nicks and
dents; and all repair effort required as a result of Normal Wear
and Tear are the responsibility of the Owner and specifically
excluded from the Warranty.
- Owner must
submit a CFE Co. warranty form within thirty (30) days after discovery
of the defect or failure, and return Engine or Part for repair
or replacement within thirty (30) days after discovery.
- All owners
must provide a completed warranty registration form to CFE Co.
within thirty (30) days of becoming an Owner. Warranty registration
forms are in the Engine Log book or may be obtained from CFE Co.
by writing to CFE at:
| |
CFE
Company
111 South 34th Street
P.O. Box 62332
Phoenix, AZ 85082-2332
ATTENTION: Manager CFE738
Warranty Administration
|
|
| |
 |
|
|
| |
Limitations |
|
|
| |
 |
|
|
| |
- This warranty
is for the benefit of the Owner and not for the benefit of any
other person.
- The liability
of CFE Co. on any claim for loss, damage or liability arising
out of, or connected with, this warranty program or the supply
or servicing of Engines or Parts (including replacement Parts
and Parts supplied under this program) or their use, whether on
warranty, contract or tort (including negligence), shall in no
case exceed the aggregate of the unit price of such Parts which
give rise to the claim.
- The foregoing
shall constitute the sole remedy of the Buyer and Owner and the
sole liability of CFE Co. , whether in contract, warranty, tort
(including negligence of any degree or strict liability) or otherwise.
THE WARRANTIES CONTAINED HEREIN ARE IN LIEU OF ALL OTHER WARRANTIES,
WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY. NO IMPLIED
OR STATUTORY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE SHALL APPLY. In no event shall CFE Co. be liable for special,
consequential, incidental, indirect or exemplary damages, including,
without limitation, any loss of or damage to any aircraft in which
any Engine or Part is installed.
- NO AGREEMENT
EXTENDING THIS WARRANTY SHALL BE BINDING UPON CFE CO. UNLESS IN
WRITING AND SIGNED BY A DULY AUTHORIZED OFFICER OR REPRESENTATIVE.
|
|
|