EFD1000 E5 Pilot’s Guide
Page xii
091-00086-001 ( )
F.
Accident, contamination, damage from a foreign object or
weather conditions, abuse, misuse, neglect, or negligence,
G. Exposure of the product or the product’s host medium to any
computer virus or other intentionally disruptive, destructive, or
disabling computer code, and
H. Any damage precipitated by failure of a product Aspen has
supplied that is not under warranty or by any product supplied
by someone else.
5.
INVALIDATION OF WARRANTY
. This warranty is void if the
product is altered or repair is attempted or made by anyone other than
Aspen or its authorized service center.
6.
WARRANTY CARD
. The Return to Service Date must be
included in an accurately completed Aspen warranty application form
submitted by the installing authorized dealer within 30 days of the
Return to Service Date. The warranty application must be signed by the
authorized repairman who certifies that the equipment has been safely
and properly installed in accordance with all Aspen supplied technical
information and in accordance with all applicable FAA procedures and
requirements. The warranty application form must note the repairman’s
FAA certificate number to be valid. FAILURE TO COMPLETE AND RETURN
THE WARRANTY CARD MAY RESULT IN DENIAL OF WARRANTY CLAIMS.
MAKING CERTAIN THAT THE WARRANTY CARD IS COMPLETED, SIGNED,
AND RETURNED IS YOUR RESPONSIBILITY.
7.
SOLE REMEDY
. Aspen’s sole obligation, and your
exclusive remedy under this warranty, is limited to either the repair
or replacement, at Aspen’s option, of any Nonconforming Product as
provided herein.
8.
EXCLUSIVE WARRANTY
. THIS WARRANTY IS EXCLUSIVE
AND IN LIEU OF ALL OTHER WARRANTIES. THE IMPLIED WARRANTY
OF MERCHANTABILITY AND IMPLIED WARRANTY OF FITNESS FOR A
PARTICULAR PURPOSE, AS WELL AS ALL OTHER IMPLIED WARRANTIES
(STATUTORY OR OTHERWISE) EXPIRE AT THE END OF THE WARRANTY
PERIOD PRESCRIBED IN SECTION 1.
Some States do not allow limitations on how long an implied warranty
lasts, so the above limitation may not apply to you.
9.
INCIDENTAL DAMAGES
. ASPEN SHALL NOT UNDER ANY
CIRCUMSTANCES BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT,
INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES OF ANY KIND
(INCLUDING WITHOUT LIMITATION: DAMAGES FOR LOSS OF PROFITS,
LOSS OF REVENUES, OR LOSS OF USE OR BUSINESS INTERRUPTION),
EVEN IF ASPEN HAS BEEN ADVISED OF THE POSSIBILITY OR CERTAINTY
OF THOSE DAMAGES OR IF ASPEN COULD HAVE REASONABLY
FORESEEN THOSE DAMAGES.
Some states do not allow the exclusion of incidental or consequential
damages, so the preceding limitations may not apply to you.
10.
LIMITATION OF LIABILITY
. ASPEN’S AGGREGATE LIABILITY
HEREUNDER, WHETHER BASED UPON CONTRACT, TORT (INCLUDING
NEGLIGENCE AND STRICT LIABILITY), INDEMNITY, OR OTHERWISE, WILL
NOT EXCEED THE PRICE PAID BY YOU FOR THE WARRANTED PRODUCT.
THE EXCLUSIONS OF TYPES OF DAMAGES CONTAINED HEREIN WILL BE
DEEMED INDEPENDENT OF, AND WILL SURVIVE, ANY FAILURE OF THE
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY UNDER THE TERMS OF
ANY AGREEMENT.
