Holland Aviation B.V. General Conditions – Version 3.3 3
1.Holland Aviation B.V. is exclusively liable for performance in terms of the warranty against hidden defects subject to the conditions and limits set out below after the sold Works have been delivered.
2.Any claims based on hidden defects must be notified by means of registered mail within twelve (12) months after the date of delivery. After that period, no action will be taken in response to any claim of any kind based on hidden defects. If a claim under the warranty is made within the period allowed, Holland Aviation B.V. may at its discretion either repair items delivered and acknowledged as defective or replace them, wholly or in part. In no case shall a claim under the warranty constitute grounds for cancellation of the sale except in the case set out below. If the hidden defect renders it impossible to repair the equipment or replace it, wholly or in part, the sale shall be cancelled on the request of the Customer who is not entitled to any claim for damages.
3.The contractual warranty period applies for a period of twelve (12) months after installation, and at the latest for a period of eighteen (18) months after ex-works delivery. Claims under the contractual warranty must be notified by means of registered mail within such allowed period. After this period, no action will be taken in response to any claim of any kind based on the contractual warranty. If the claim under the warranty is made within the period allowed, Holland Aviation B.V. may at its discretion either repair items delivered and acknowledged as defective or replace them, wholly or in part. In no case shall a claim under the contractual warranty constitute grounds for cancellation of the sale except in the case set out below. If the defect renders it impossible to repair the equipment or replace it, wholly or in part, the sale shall be cancelled on the request of the Customer who is not entitled to any claim for damages. The contractual warranty period for replaced equipment expires at the same time as the period applicable to the original warranty on the original delivery.
4.Holland Aviation B.V. shall not be liable for a defect a) if the Customer or a third party carries out modifications or repairs to the Works delivered without prior authorization from Holland Aviation B.V.,b)if the Customer has not immediately taken all appropriate steps to mitigate a damage caused by a defect, c) if the Customer prevents Holland Aviation B.V. from remedying a defect, d) if the Customer used the Works for any other purpose than the purpose for which they were designed, e) if the Customer failed to install and incorporate any enhancements provided by Holland Aviation B.V. which corrects such defect, f)in the case of sub-section V.7 or g) ifthe Customer did not inform Holland Aviation B.V. in writing of the defect within the requested timeframe following the discovery of the defect.
5.The warranty does further not cover consumables (lamps, etc.) insignificant deviations from the agreed condition of the Works, insignificant impairment of usability, natural wear and tear or damage arising, after the transfer of risk,from improper or negligent handling or maintenance, excessive strain,unsuitable operating materials, defective construction works, inappropriate construction grounds or from particular external influences (e.g. chemical,electrochemical or electrical as well as temperature and atmospheric influences) not assumed under the contract, as well as non-reproducible software errors.
6.The warranty for software extended by the Customer via an interface provided for this purpose by Holland Aviation B.V.is limited up to such interface.
7.New parts, which are not manufactured by Holland Aviation B.V., fall only under
the original equipment manufacturer’s warranty.
8.Any and all further or other claims against Holland Aviation B.V. other than those regulated in this Section VIII.because of a defect including but notlimited to any express or implied warranties are excluded.
9.The Customer will grant Holland Aviation B.V. an adequate time period, whichHolland Aviation B.V. must consider reasonable, to remedy the defect. In case of refusal by the Customer, the latter cannot invoke Holland Aviation B.V.’s liability.
10.All tests necessary within the frameworkof the supply of the Works, whether or not they are demanded for by the Customer, shall be executed at the Customer’s risk and at customer expenses where they exceed standard tests.