First Wave, Inc. - Warranty Information

EXPRESS WARRANTIES / EXCLUSION OF IMPLIED WARRANTIES, EXPRESS DISCLAIMER OF WARRANTIES

The purchase of any individual part of assembly from FIRST WAVE AVIATION, LLC, OR FIRST WAVE, INC., provides to the buyer the following as a Warranty:

1. That the individual part or assembly conforms to any representation made as being either: 'New' (NE), 'Factory New' (FN), 'New Surplus' (NS), 'Overhauled' (OH), or 'Serviceable' (SV) to the best of FIRST WAVE's knowledge and belief based upon accepted usage of those terms within the industry and in reliance upon supporting trace documentation.

2. Any part or assembly purchased which is categorized as 'New' (NE), 'Factory New' (FN), or, 'New Surplus' (NS) MAY carry an Original Equipment Manufacturer's warranty which, if still available and applicable, will be passed onto the purchaser by FIRST WAVE and FIRST WAVE will render reasonable assistance to the purchaser in processing a warranty claim with the OEM. FIRST WAVE DOES NOT MAKE ANY REPRESENTATION THAT ANY PART OR ASSEMBLY SOLD DOES CARRY AN OEM WARRANTY, NOR DOES FIRST WAVE MAKE ANY REPRESENTATION REGARDING THE WARRANTY TERMS OF ANY THIRD PARTY. In the event that no OEM warranty is applicable to the part or assembly, or, if the applicable warranty from the OEM is less than 90 days from the date the part or assembly is purchased from FIRST WAVE then, in that event, FIRST WAVE will, during the first 90 days from shipment of the part by FIRST WAVE, repair, exchange, or refund the purchase price upon approved return any part which is clearly demonstrated to be non-conforming or defective.

3. Any part or assembly which is categorized as 'Overhaul' (OH), or 'Serviceable' (SV) by an FAA certified repair facility MAY carry a warranty provided by such facility which, if still available and applicable, will be passed onto the purchaser by FIRST WAVE and FIRST WAVE will render reasonable assistance to the purchaser in processing a warranty claim with the repair facility. FIRST WAVE DOES NOT MAKE ANY REPRESENTATION THAT ANY PART OR ASSEMBLY SOLD DOES CARRY A WARRANTY FROM AN FAA CERTIFIED REPAIR FACILITY, NOR DOES FIRST WAVE MAKE ANY REPRESENTATION REGARDING THE WARRANTY TERMS OF ANY THIRD PARTY. In the event that no warranty is available from an FAA certified repair facility, or, if the applicable warranty from the FAA certified repair facility is less than 90 days from the date the part or assembly is purchased from FIRST WAVE then, in that event, FIRST WAVE will, during the first 90 days from shipment of the part by FIRST WAVE, repair, exchange, or refund the purchase price upon approved return any part which is clearly demonstrated to be non-conforming or defective.

4. Any part or assembly purchased which is categorized as being: 'As Removed' (AR), or 'Beyond Economic Repair' (BER), is sold AS IS AND CARRIES NO WARRANTY, EXPRESS OR IMPLIED. However, if any part or component sold by FIRST WAVE in an 'As Removed' (AR) condition cannot be economically repaired by (repair costs equal to or less than fair market value of the part) as documented by a certified FAA repair station within 30 days of shipment by FIRST WAVE, then, in that instance, FIRST WAVE will entertain a refund of the purchase price upon proper and timely Return Material Authorization (RMA) being submitted and approved.

The above WARRANTIES are the SOLE AND EXCLUSINVE WARRANTIES PROVIDED BY FIRST WAVE. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND ALL WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY FIRST WAVE AND ARE EXCLUDED FROM THIS AGREEMENT.

BUYER'S remedies, if any, are restricted to the above and in lieu of all other remedies. In no instance shall FIRST WAVE be liable to BUYER for any claim of CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOST OPPORTUNITIES. IN NO EVENT SHALL FIRST WAVE'S OBLIGATIONS UNDER ANY WARRANTY PROVIDED EXCEED THE ORIGINAL PURCHASE PRICE PAID BY CUSTOMER. DAMAGE CAUSED BY TRANSIT, ABUSE, OR IMPROPER MAINTENANCE VOIDS ANY WARRANTY PROVIDED BY FIRST WAVE.