Warranty

POLICY STATEMENT

Aero Plastics & Structures policy on warranty claims on their products is limited to the replacement of the defective component only. Goods that are found to be incorrect or defective within six months of purchase will be replaced, subject to availability, prepaid freight, and provided the goods have been used correctly. AP&S cannot be held responsible for damage resulting in the misuse of the goods, for any liability or loss of revenue arising from the failure of goods manufactured or supplied, or any damage due to shipping.

WARRANTY

AP&S liability is limited to replacing any goods that are deemed defective, and reserve the right to determine if those goods are to undergo repair or replacement following inspection. Warranty claims will be automatically denied in cases where the goods have been exposed to mistreatment, improper storage or unauthorised service. The warranty provided and the obligations and liabilities of AP&S thereunder are exclusive and in lieu of, and the buyer hereby waives all other remedies, warranties, guarantees, of liabilities, expressed or implied with respect to consequential damages. If goods are deliberately damaged or resultant from incorrect installation, the warranty will be void, and freight costs will be incurred.

TITLE

Property and title to Spares shall pass to the BUYER once their purchase price is paid in full. Until payment in full is made for the Spares, title to them will not pass to the BUYER and AP&S retains a purchase money security interest in them. Risk of loss or damage to Spares shall pass to the BUYER at the time of delivery. AP&S agrees to notify the BUYER of the shipping date of the Spares and the carrier’s reference information.

PACKING and SHIPMENT

All Spares ordered shall receive standard commercial packing suitable for export shipment. Each shipment of goods will include a PACKING LIST / RELEASE NOTE itemised to display the contents of the shipment, and the value of the shipment for Customs Clearance if required. The BUYER shall specify the required method of shipment and carrier on each order. If no method is specified AP&S will ship via a selected routing at the BUYER’S risk and expense.

Should the BUYER refuse to accept these shipping costs and the costs are charged back to AP&S, AP&S reserves the right to charge the BUYER for the shipping plus any reasonable recovery charges. If AP&S has given written notice to the BUYER that Spares ordered by the BUYER are ready for shipment and the shipment is delayed more than thirty (30) days at the BUYER’S request or through no fault or responsibility of AP&S, the BUYER shall promptly reimburse AP&S upon demand for all costs and expenses, including but not limited to reasonable amounts for storage, handling, insurances and taxes incurred by AP&S resultant of such a delay.

Product Assurance Policy

1. WARRANTY
1.1 Subject to exceptions, conditions and limitations set forth in this document, Aero Plastics & Structures warrants that at the date of delivery of Spares:
(a) The Spares shall be free from defects in material or workmanship; and
(b) The Spares shall be free from defects in design, having regard to the state of the art as of the date of such design.

2. EXCEPTIONS
2.1 The warranties set out in 1.1(a) and 1.1(b) apply only to Spares manufactured by Aero Plastics & Structures or to its detailed design. 2.2 Aero Plastics & Structures has no responsibility under the warranties set out in 1.1(a) and 1.1(b) for:
(a) Normal wear and tear and the need for regular maintenance and overhaul
(b) Unapproved modifications or changes
(c) Operations beyond those for an aircraft in which Spares may have been installed have been certified: or
(d) Costs associated with test and overhaul at times prescribed in applicable manuals.

3. WARRANTY PERIOD
3.1 The warranty in Article 1.1 shall remain in effect for any defect covered by this warranty. (A “defect”) that becomes apparent during the six (6) month period following delivery of the Spare.

4. REPAIR, REPLACEMENT OR REWORK
4.1 As to each matter covered by this warranty, Aero Plastics & Structures sole obligation and liability under this warranty is expressly limited to, at AP&S election, correction by repair, replacement or rework of the defective Spare. The repaired, replaced or reworked Spare which is the subject of the warranty claim shall then be warranted under the same terms and conditions for the then unexpired portion of the Warranty Period.
4.2 In replacing a defective Spare, Aero Plastics & Structures may supply repaired or overhauled goods modified to a status identical to, or higher than the defective goods.

5. CLAIMS INFORMATION
5.1 Aero Plastics & Structures obligations hereunder are subject to submission of a warranty claim in writing within thirty (30) days of the defect becoming apparent, which claim shall include but not be limited to the following information:
(a) The identity of the Spare involved, including the part number, serial number if applicable, nomenclature and the quantity claimed to be defective.
(b) The date the claimed defect became apparent to the BUYER.
(c) The total flight hours accrued on the Spare at the time the claimed defect became apparent to the BUYER.
(d) A description of the claimed defect and the circumstances pertaining thereto.

6. TIMELY CORRECTION
6.1 Aero Plastics & Structures shall make the repair, replacement or rework, following receipt of the defective Spare with reasonable care and despatch.

7. APPROVAL AUDIT, TRANSPORTATION and TITLE
7.1 All warranty claims shall be subject to audit and approved by Aero Plastics & Structures. AP&S will use reasonable efforts to advise in writing the disposition of the BUYER’S warranty claim within thirty (30) days following the receipt of the claim and the return of the defective Spare to AP&S designated facility. AP&S shall notify the BUYER of the disposition of each claim.
7.2 The BUYER shall pay all costs of transportation of the defective Spare from the BUYER to AP&S designated facility. AP&S shall pay all costs of transportation of the repaired, corrected or replacement Spare back to the BUYER.
7.3 Title to Spares returned to Aero Plastics & Structures under this warranty will at times remain with the BUYER, except for title to a returned Spare that has been replaced, which passes to AP&S upon shipment to the BUYER of the replacement Spare.

8. LIMITATIONS
8.1 Aero Plastics & Structures shall be relieved of and shall have no obligation or liability under this warranty if:
(a) The Spare was not operated or maintained in accordance with the manufacturer’s documentation furnished to the BUYER unless the BUYER furnished reasonable evidence acceptable to AP&S that such operation or maintenance was not a cause of the defect.
(b) The defect did not become apparent within the warranty period.
(c) BUYER did not: a. Report the defect in writing to Aero Plastics & Structures within thirty (30) calendar days following the such defect becoming apparent, and b. Return the Spare claim to be defective to Aero Plastics & Structures (unless instructed by AP&S otherwise)
(d) The BUYER does not submit reasonable proof to AP&S within thirty (30) calendar days after the defect becomes apparent that the defect is due to a matter covered within this warranty.

9. NO FAULT FOUND
9.1 In the event that a Spare returned under a warranty claim is subsequently established to be serviceable then Aero Plastics & Structures shall be entitled to charge and recover from the BUYER any reasonable costs incurred by AP&S in connection with such a warranty claim. Providing, however, in the event that repetitive in-service failure occurs on the particular Spare which is subsequently identified by AP&S on a repeated basis to be “no fault found”, then AP&S and the BUYER shall discuss and mutually agree on a course of further action to help identify the problem. In the even the fault is ultimately confirmed to be a legitimate warranty claim then the above mentioned costs incurred by Aero Plastics & Structures and charged to the BUYER shall be waived.

10. UNCOLLECTED GOODS – DISPOSAL
10.1 In the event that goods ordered by the BUYER, manufactured by Aero Plastics & Structures and held in storage at the AP&S facility, but remain unclaimed for a period of six (6) calendar months, or
(a) the BUYER has not returned to collect the manufactured goods, or
(b) the BUYER has not instructed Aero Plastics & Structures of storing or shipping advice, or
(c) the BUYER cannot be contacted in relation to the goods, or
(d) the BUYER has not paid Aero Plastics & Structures for the goods in full within a reasonable time, then the said goods will be on-sold.

The Disposal of Uncollected Goods Act 1967 covers inspection, custody, storage, repair and other treatment of goods. Under this act, uncollected goods may be sold six (6) months after the date they were ready for collection. Any cost associated with managing uncollected goods is known as “the relevant charge”