Textron Aviation Inc. (hereinafter “Seller”) expressly warrants parts produced and sold by McCauley Propeller Systems (hereinafter “McCauley”), a Division of Textron Aviation Inc., including new propeller, propeller parts, governor or governor parts to be free from defects in material and workmanship under normal use and service for a period of thirty-six (36) months after delivery to the original retail purchaser or until the expiration of the maximum hours of use or calendar limits for overhaul published by McCauley for the subject product, whichever occurs first.
Seller’s obligation under this limited warranty is limited to repairing or replacing, at its sole option, any part produced and sold by McCauley including propeller, propeller parts, governor or governor parts (hereinafter “McCauley Parts”) determined by McCauley to have been defective. The repair or replacement of defective McCauley Parts will be made without charge to the owner for parts, or labor for removal and installation, except export/import duties, and/or sales or use taxes, if any, which are solely the owner's responsibility. Seller will warrant a part replaced pursuant to this limited warranty under the same terms as the original part for the remainder of the applicable warranty period of the original part. This limited warranty is not intended to and does not cover the costs of normal maintenance or overhaul.
In addition, McCauley will repair or replace, at its option, any McCauley Parts requiring replacement due to manufacturing defect if found at or before the first recommended overhaul interval as described in McCauley published service information. This first overhaul coverage does not include labor, standard overhaul replacement parts, parts repairable via published service information (re-plating, painting, etc.), other costs associated with McCauley Parts overhaul, or export/import duties, and/or sales or use taxes, nor does it apply to defects found after McCauley published overhaul hour or calendar limits. The provisions of this limited warranty do not apply to: any McCauley Parts which have been subject to misuse, negligence or accident or which have been repaired or altered in any way that, in the sole judgment of McCauley, adversely affects their performance, stability or reliability; to normal maintenance services (such as cleaning, mechanical adjustments and maintenance inspections); to the replacement of service items made in connection with normal maintenance; to normal deterioration of soft trim and appearance items (such as paint and rubber-like items) due to wear and exposure; to McCauley Parts found defective beyond the McCauley recommended overhaul period; or to parts which have been improperly installed by entities other than McCauley or service facilities authorized by Seller to perform maintenance on McCauley Parts.
Seller’s limited warranty for McCauley Parts is void on any new or remanufactured McCauley Parts installed, without McCauley's prior written approval, on a non-type certificated engine, or on any engine which has received an overhaul or modification which is not approved by the engine manufacturer and that results in a change to the vibratory environment of the engine such as, but not limited to, an alteration of horsepower, operating RPM, crankshaft damper configuration, compression ratio, magneto timing, camshaft design, or any other overhaul or modification not expressly approved by the original engine manufacturer. Seller’s limited warranty for McCauley Parts is also void on any McCauley Parts shipped new from the factory or distributor in dis-assembled state, then later re-assembled by an unauthorized party. Parties authorized to re-assemble factory-new product must have specific written permission from McCauley to do so, otherwise all limited warranty on the affected unit is void. No Seller warranty coverage is offered for leakage on McCauley Parts assembled outside McCauley, regardless of the assembling party.
To the extent allowed by applicable law, THIS WARRANTY IS EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES, EXPRESSED OR IMPLIED IN FACT OR BY LAW, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE REMEDIES OF REPAIR OR REPLACEMENT SET FORTH HEREIN ARE THE ONLY REMEDIES UNDER THIS WARRANTY. SELLER DISCLAIMS ANY OBLIGATION OR LIABILITY, WHETHER IN CONTRACT OR IN TORT, INCLUDING LOSS OF USE OF THE PRODUCT WARRANTED, LOSS OF TIME, INCONVENIENCE, LOSS OF PROFITS, COMMERCIAL LOSS OR ANY OTHER DIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES. THIS WARRANTY IS IN LIEU OF ANY OBLIGATION OR LIABILITY ON THE PART OF SELLER TO ANYONE OF ANY NATURE WHATSOEVER BY REASON OF THE MANUFACTURE, SALE, LEASE OR USE OF THE WARRANTED PRODUCTS AND SELLER NEITHER ASSUMES NOR AUTHORIZES ANYONE TO ASSUME FOR IT ANY OTHER OBLIGATION OR LIABILITY IN CONNECTION WITH SUCH WARRANTED PRODUCTS.
The above is a summary of Seller’s Limited Warranty for McCauley Parts. Please refer to full warranty documentation for complete terms and conditions. If there is any inconsistency between the summary provided above and complete warranty documentation, the later controls.