Warranty

RTG warrants to Customer that during the effective period of warranty set forth herein, the Goods furnished on orders placed under the RTG Repair Overhaul Agreement, will be free from failure due to defects in material and workmanship furnished by RTG or nonconformance with the applicable drawings and manufacturing specifications (“Defect”). The effective warranty period shall be for a period of: Boeing- Eighty four (84) months from shipment. The obligations and liabilities of RTG under this warranty are expressly limited, at RTG’s election, to the replacement, repair or credit by RTG of such item(s), provided that: Customer shall, unless otherwise agreed, forward to RTG a warranty claim with justification within 30 (30) calendar days after such discovery; and,Customer shall, if requested, return the defective item(s) and supporting documentation as directed by RTG for investigation and evaluation; and,RTG reasonably determines that the item(s) has/have not been subject to incident, abuse, or misuse and that the item has been operated and maintained in accordance with RTG’s recommendations; and,The workmanship or material is reasonably determined by RTG to have been faulty or defective.If the parties do not agree as to the responsibility for repair or replacement of the Goods returned, they shall negotiate an equitable price prior to proceeding. In the event it is later determined that failure of such Goods was due to a defect covered by this warranty, the price paid to RTG for such repair or replacement shall be refunded. THE WARRANTY PROVIDED IN THIS CLAUSE AND THE OBLIGATIONS AND LIABILITIES OF RTG HEREUNDER AND THE RIGHTS AND REMEDIES OF CUSTOMER HEREUNDER ARE EXCLUSIVE AND IN LIEU OF AND CUSTOMER HEREBY WAIVES ALL OTHER WARRANTIES, GUARANTEES AND OBLIGATIONS OF RTG AND ALL OTHER LIABILITIES, RIGHTS AND REMEDIES OF CUSTOMER, EXPRESS OR IMPLIED ARISING BY LAW, OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR OTHER WARRANTIES OF MECHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY OBLIGATION OR LIABILITY OF RTG ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE GOODS AND SERVICES FURNISHED HEREUNDER, WHETHER BASED ON CONTRACT, TORT OR OTHERWISED. RTG MAKES NO OTHER WARRANTY BEYOND THAT CONTAINED IN THIS WRITING. THIS PROVISIONS SHALL NOT BE EXTENDED, ALTERED OR VARIED, EXCEPT BY WRITTEN INSTRUMENT SIGNED BY RTG. IN NO EVENT SHALL RTG BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING UNDER OR RELATED TO THIS AGREEMENT OR BY REASON OF THE USE OR LOSS OF USE OF THE GOODS OR SERVICES FURNISHED HEREUNDER.

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