I. Guarantee
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Preliminary provisions
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This guarantee applies only to the aircraft and all its accessories. It does not apply to the engine and its accessories. The engine guarantor is BRP-Powertrain Gmbh & Co. KG. The engine guarantee is provided with the engine documentation and engine registration chart, which must be sent to your local dealer immediately.
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If any material or workmanship defects of the aircraft occur within the guarantee period, Seller shall remedy these defects free of charge. In case of immobilisation of the aircraft, the repair must be reported and performed by the nearest authorized mechanic indicated by the Seller.
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Defect notification shall be sent immediately, but not later than within 14 days from the date of its detection. The guarantee covers the costs and materials used during repairs or adjustments resulting from defects in the aircraft.
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Aircraft damage caused by natural abrasive wear, use inconsistent with the operation manual, or unacceptable design changes is not covered by the guarantee.
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Compliance with the operation manual of the aircraft during flight regarding proper operating conditions and with the aircraft maintenance manual is a prerequisite for maintaining the guarantee.
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Periodic maintenance is provided for a fee.
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Scope of the Guarantee
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The basic guarantee starts on the date of the handover of the aircraft and is valid for 12 months, without flying time limitation.
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Parts and assemblies mentioned under guarantee repair are covered by the guarantee until the end of the Basic Guarantee or for 1 year.
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In case of selling of the aircraft during the guarantee period, the new owner may receive further guarantee for the aircraft provided that the Seller has been notified about this fact.
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Limitation of Guarantee:
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The SUPERB battery supplied with the aircraft has a 3 years guarantee. Other battery types have a 1 year guarantee. Discharged battery is not considered defective.
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The guarantee does not cover cost of repair of damage due to environment influence or force majeure events. The above mentioned include such phenomena as: air accident, chemical influence of tree juices, salt, influence of seawater, precipitation, hail storms, hurricanes, lightning, sandstorms, floods, and earthquakes.
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The guarantee does not cover costs of repair due to lack of service or improper service of the aircraft. This also applies to the use of improper consumables.
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The guarantee does not cover the maintenance costs of the aircraft, nor does it cover the costs of replacing parts worn out during operation and parts for which other service life is specified.
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The guarantee does not cover any further costs resulting from damage that occurred during the guarantee period such as: loss of time, inconvenience, inability to use the aircraft, costs of renting another aircraft, fuel, telephone, travel, accommodation and loss of income.
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The guarantee does not cover costs of repair of damage due to fire or accident, improper handling, negligence or improper use of the aircraft. The guarantee does not cover corrosion damage caused by accident, damage, improper use, modification of the aircraft, surface corrosion caused by industrial precipitation, sand or salt, caused by the transport of corrosive materials (acids, synthetic fertilizers or similar materials).
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Guarantee Conditions:
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Any structural changes, mechanical modifications to the aircraft, changes to any components shall automatically void the guarantee. Participation of the aircraft in an accident may void the guarantee.
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Guarantee preservation condition is to carry out periodic technical maintenance only by mechanics authorized by the manufacturer in accordance with the service plan and to report any defect immediately after it has been identified. Maintenance must be confirmed in the Aircraft Maintenance Book. Guarantee repair may only be carried out by mechanics authorizes by the manufacturer.
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II. Statutory warranty for defects of the aircraft
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Parties modify in the aircraft sales agreement the provisions of the Civil Code on Seller's liability under statutory warranty for aircraft defects as set out below, subject to mandatory provisions of law.
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Under the statutory warranty, Buyer has the right only to demand the removal of physical defects of the aircraft, subject to the provisions of para. 5 below. Seller is obliged to remove physical defects of the aircraft, provided that such defects have been reported in a timely manner and that they have been detected during the Seller's liability period under statutory warranty for aircraft defects. Buyer shall loose the Seller's statutory warranty for aircraft defects unless it performs scheduled inspections and maintenance of the aircraft indicated by the manufacturer, carried out by a mechanic authorized by the manufacturer, or unless it reports any detected defects immediately, but not later than 14 days after their detection or from the date on which, with due diligence, the defect could have been detected.
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The statutory warranty period starts on the date of handover of the aircraft and is valid for 12 months.
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Limitation of Seller's liability under the guarantee – Article I above – is applicable to liability under the statutory warranty.
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Buyer may exercise its right of withdrawal from the agreement in respect of a defective aircraft, or may request a reduction of the sale price, only if three aircraft repairs on the same significant defect prove to be ineffective. A defect is considered significant when the value of its repair exceeds 15% of the value of a new aircraft. As long as the Seller offers replacement of the defective aircraft for a new one, Buyer shall pay to the Seller the appropriate compensation for the time of use of the defective aircraft.