Kolb Aircraft Company

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LIMITED WARRANTY, LIMITATIONS OF LIABILITY ON REMEDIES AND STATUTORY REMEDIES

 

  1. What is covered by this warranty:
  2. The New Kolb Aircraft Co., LLC, ("Kolb") warrants that the parts for the construction (or repair) of an aircraft provided under the attached agreement of sale conform to the drawings and instruction and are free from defects in material and workmanship which reasonable inspection at the Kolb factory could discover.

  3. What is not covered by this warranty:
  4. Kolb does not warranty any parts or components not manufactured by Kolb, the design or instructions, or defects caused by the Purchaserís assembly or maintenance of the aircraft.

  5. Disclaimer of warrants.
  6. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND IS THE PURCHASERíS EXCLUSIVE REMEDY. THIS LIMITATION OF LIABILITY SHARPLY REDUCES THE RIGHTS THE PURCHASER WOULD OTHERWISE HAVE BY STATUTE.

  7. Limitation of remedies.
  8. If notified within a reasonable time by the original Purchaser, Kolb will repair any part which is defective in material or workmanship. If Kolb is unable to repair the part, it will provide a replacement part. These remedies are the Purchaserís sole and exclusive remedies for breach of warranty or for defect. If no case shall Kolb be liable for any special, incidental or consequential damages based on beach of warranty, breach of contract, negligence, defect, product liability, strict tort, or any other legal theory. The Purchaser acknowledges that he is purchasing parts for the construction of an aircraft from Kolb and that the Purchaser is solely responsible for the assembly and maintenance of the completed aircraft. The instructions and drawings for the construction of this aircraft reflect the opinion of Kolb based on the use and testing of a similar aircraft constructed by Kolb. The instructions should be followed carefully. Any deviation from the instructions and drawings provided by Kolb my result in significant differences in performance, handling characteristics and safety of the Purchaserís completed aircraft from those advertised by Kolb. Though Kolb believes that an aircraft constructed according to the instructions and drawings provided, properly maintained and properly operated, will perform as advertised, it is impossible to warrant the performance of the completed aircraft or to eliminate all of the risks associated with the operation of the Purchaserís completed aircraft, as Kolb has no control over the Purchaserís assembly, maintenance or use of the aircraft. Personal injury, damage to property or other unintended consequences may result because of factors such as weather, inadequate maintenance, pilot error, improper use, unsafe operation and others which are beyond the control of Kolb. All such risks are assumed by the Purchaser. Purchaser should also be aware of all FAA regulations and should regularly inspect the completed aircraft. In the event of personal injury it is agreed that Kolb will not be liable for the negligence or defective assembly, maintenance, improper use or unsafe operation of the aircraft. The Purchaser acknowledges that the purpose of this remedy limitation is to protect Kolb against unknown or undeterminable risks including claims arising from personal injury, injury to property, economic or other consequential, special or indirect damages resulting from the use of these parts by the Purchaser. The warranty found in this Agreement s shall run only to the original Purchase of the Kolb aircraft part. Kolb assumes no express or implied warranty, contract or tort liability for any resale of the completed aircraft. The warranty found in this Agreement may not be assigned without the express written authorized b Kolb. Some states do not allow limits on warranties or remedies for breach in certain transactions. In such states the limits in this paragraph and in paragraph four may not apply.

  9. Time limit for bringing suit.
  10. Any action for breach of warranty must be commenced within fifteen (15) months of delivery of the non-conforming or defective part, as set forth in the date of the attached Sales Agreement. This Agreement shall be interpreted and constructed in accordance with laws of the State of Kentucky. In the event of any litigation among the parties involving the Agreement or the transactions contemplated hereby, the parties agree that the exclusive venue for such dispute shall be the circuit court with venue in Laurel County, Kentucky, and the parties hereby submit to the exclusive personal jurisdiction of said court.

  11. No other warranties.
  12. Unless modified in writing signed by both parties, the attached Sales Agreement together with this agreement is understood to be the completed agreement of the parties and all prior discussions and negotiations not specifically referenced are not a part of this agreement. In the event that any individual portion of this agreement is found to be ineffective or in conflict with applicable law the remaining portions shall survive and remain effective.

  13. Allocation of risks.

 

This Agreement allocates the risks of failure of the parts produced by Kolb and the Purchaser. This allocation is recognized by both parties and is reflected in the price of the aircraft kit. THE PURCHASER ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND IS BOUND BY ITS TERMS.

 

Purchaserís Name: _________________________________________________

Address: _________________________________________________________

City: __________________________State: ________ Zip Code: _____________

Telephone: (____)___________________________ Date: __________________

Aircraft: __________________________

Signature: ________________________________________________________


                   Photo by Jacek Waszczuk

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