As used in this Section “Non-conformance” means a failure to comply with or failure to operate due to noncompliance with applicable HAL drawings or having defects in workmanship and/or materials. Normal wear and tear and the need for regular overhaul and periodic maintenance shall not constitute a Non-conformance.
HAL warrants that at time of shipment to Customer, its Products will comply with applicable HAL drawings and will be free from defects in workmanship and/or materials. These warranties shall run to the Customer, its successors, and assigns. This standard warranty is valid for twelve (12) months after HAL’s shipment of the Product, unless an extended 12-month warranty has been purchased by or provided to the Customer. The warranty period for HAL’s repair or replacement of the failed product only, covered by the warranty, shall be the unexpired portion of the original warranty or 6 months after shipment of the repaired or replaced product, whichever is longer.
HAL may rely on its relationship with original equipment manufacturer suppliers to address warranty issues within their warranty timeframe. If the HAL deems this to be the correct course of action, at its sole direction, the Customer must work with the original equipment manufacturer supplier directly to address the warranty items.
Shortages and/or missing parts from orders must be reported to HAL customer service within 30 days of delivery.
Customer must notify HAL in writing of the Non-conformance of any Product within the warranty period and return the Product to HAL within thirty (30) days after such discovery. Prior to return of the Product to HAL, Customer must obtain a Return Material Authorization (RMA) from HAL. HAL reserves the right to return to Customer any Product received without a valid RMA. In the event HAL is unable to confirm Customer’s reported Non-conformance, Customer agrees to pay HAL an Evaluation/No Defects Found Charge, the amount of which shall be as specified in HAL’s Return Material Authorization. HAL’s obligation and Customer’s remedy under this warranty is limited to either repair or replacement, by HAL’s election, of any Product Non- conformance. HAL agrees to assume round-trip transportation costs for a nonconforming Product in an amount not to exceed normal shipping charges to the nearest facility designated herein for warranty repair of products delivered under an Order. The risk of loss or damage to all Products in transit in the process of a return shall be borne by the party that organized the transportation of such Products.
HAL shall not be liable under this warranty if the Product has been exposed or subjected to:
Any maintenance, repair, installation, handling, transportation, storage, operation or use which is improper or otherwise not in compliance with HAL’s instruction; or
Any alteration, modification or repair by anyone other than HAL or those specifically authorized by HAL; or
Any accident, contamination, foreign object damage, abuse, neglect or negligence after delivery to Customer; or
Any damage precipitated by failure of a HAL supplied Product not under warranty or by any Product not supplied by HAL; or
Any damage caused by weather related issues, fire, government action, flood, earthquake, theft, riot, war, or building failure.
THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER WRITTEN OR ORAL, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WHICH ARE HEREBY EXPRESSLY DISCLAIMED. IN NO EVENT SHALL HAL BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, LOSS OF USE OR LOSS OF BUSINESS OR PROFITS DUE TO TEMPORARY UNAVAILABILITY OF INVENTORY OR DELAYS IN SHIPPING. NO EXTENSION OF THIS WARRANTY SHALL BE BINDING UPON HAL UNLESS SET FORTH IN WRITING AND SIGNED BY HAL’S AUTHORIZED REPRESENTATIVE.