LIMITED WARRANTY
Maintenance Minor Repairs*, Equipment Installations, Service Bulletin Installations, Minor Alterations*, Interior Refurbishments and/or
Exterior Painting. (*As defined in FAR Parts 43, 91 and 135)
1. WARRANTY
A. MAINTENANCE, MINOR REPAIRS, EQUIPMENT INSTALLATIONS AND/OR SERVICE BULLETIN INSTALLATIONS
Dassault Falcon Jet Corp. - Little Rock Service Center, Dassault Aircraft Services Corp - Reno and/or Dassault Falcon Jet - Wilmington
Corp. (hereafter DFJ) warrant that the Aircraft Maintenance, Minor Repairs, Equipment Installations and/or Service Bulletin Installations
performed by its Service Center Facility shall be free from defects in workmanship for the period outlined in Paragraph 2 below.
B. MINOR ALTERATIONS, INTERIOR REFURBISHMENTS AND/OR EXTERIOR PAINTING
DFJ warrants that the Aircraft Minor Alterations, Interior Refurbishments and/or Exterior Painting performed by its Service Center
Facility shall be free from defects in material and workmanship for the period outlined in Paragraph 2 below.
2. DURATION
A. MAINTENANCE, MINOR REPAIRS, EQUIPMENT INSTALLATIONS AND/OR SERVICE BULLETIN INSTALLATIONS
DFJ's warranty against defects in workmanship related to the services set forth in Paragraph 1A above, shall commence on the date
the Aircraft is approved for return to service by DFJ following completion of the work in question and shall terminate ninety (90) days
after commencement or one hundred fifty (150) flight hours after commencement, whichever event occurs first.
B. MINOR ALTERATIONS, INTERIOR REFURBISHMENTS AND/OR EXTERIOR PAINTING
DFJ's warranty against defects in material and workmanship related to the services set forth in Paragraph 1B above, shall commence
on the date the Aircraft is approved for return to service by DFJ following completion of the work in question and shall terminate two (2)
calendar years after commencement or one thousand (1000) flight hours after commencement, whichever event occurs first.
3. DFJ RESPONSIBILITIES
A. REPAIR/REPLACEMENT. The responsibility of DFJ under these warranties is limited to correcting, repairing or replacing the
defective item with a new, overhauled or serviceable replacement item during the applicable term of the warranty. The decision and
methods used to correct, repair or replace the defective item is solely within the discretion of DFJ.
B.
With respect to the warranty set forth in Paragraph 2B above (Minor Alterations, Interior Refurbishments and/or Exterior
Painting), DFJ shall bear the labor cost (at straight time rate) incurred in removing defective parts and reinstalling repaired or
replacement parts on the Aircraft during the first six (6) months or three hundred (300) hours of operation after the Aircraft is approved
for return to service by DFJ (whichever event occurs first), provided the work is performed by DFJ or by another repair facility expressly
approved in advance by DFJ for the specific work in question. This agreement to bear labor cost, shall not apply to the removal or
reinstallation of parts related to DFJ's warranty under Paragraph 2A above.
4. PURCHASER'S OBLIGATIONS
A.
The purchaser must notify DFJ in writing of any defect within the warranty period and must promptly return the defective part
to DFJ or its designated repair facility upon request.
B.
If requested, the purchaser must furnish DFJ with pertinent Aircraft operational and maintenance records. Such records may
include all those prepared during the two thousand (2000) flying hours immediately preceding the discovery of the defect as well as
records of any incident, accident or unusual operation encountered by the Aircraft at any time prior to the discovery of the defect.
Dassault Aircraft Services - Wilmington. New Castle Airport, 191 North Dupont Highway, New Castle, DE 19720-3198 (800) 441-9390
Dassault Aircraft Services - Little Rock. Adams Field, 3801 East 10th Street, Little Rock, AR 72202 (800) 643-9511
Dassault Aircraft Services - Reno. Reno/Tahoe Airport, 365 South Rock Blvd, Reno, NV 89502 (866) 543-3001
5. EXCLUSIONS
This warranty does not apply to:
A.
Aircraft which are regularly engaged in flight training, flight testing, commercial cargo operations, scheduled air carrier service,
or direct or indirect military operations or applications of any kind.
B.
Aircraft which are not maintained, operated, or repaired in accordance with the procedures recommended by the aircraft
manufacturer.
C.
Aircraft which undergo structural modifications, repairs, and/or engine retrofits without the express written approval and
technical guidance of the aircraft manufacturer.
D.
Parts or accessories which are subject to normal wear and tear such as tires, brakes, filters, hoses, upholstery and other soft
trim appearance items.
E.
Parts and accessories whose manufacturer's identification tag has been removed or obliterated or cannot otherwise be
identified as having been installed on the Aircraft by the Aircraft manufacturer.
F.
Damage to the Aircraft or any of its parts, accessories or components, structure or engines, which results from the failure or
malfunction of a defective part (e.g., resultant damage).
G.
The occurrence of an incident or accident involving the Aircraft, including acts of God such as ice and hail damage.
H.
Contamination and corrosion or the failure to perform structural inspections, maintenance or proper servicing of the Aircraft in
accordance with procedures recommended by the aircraft manufacturer.
I.
Major alterations and/or major repairs to the Aircraft as defined in FAR Parts 43, 91 and 135.
J.
Normal wear and damage due to substrate movement or composite expansion or cracking.
K.
Damage due to foreign objects.
L.
Normal leading edge erosion.
M.
Paint and/or coatings applied over existing surface finishes not applied by DFJ.
6. DISCLAIMER
DFJ MAKES NO OTHER FURTHER WARRANTY, EXPRESS OR IMPLIED, AND SPECIFICALLY EXCLUDES THE IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. ALL OTHER OBLIGATIONS OR
LIABILITIES OF DFJ, INCLUDING CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF THE , USE OR OPERATION OF
THE AIRCRAFT, OR SERVICES PROVIDED BY DFJ'S SERVICE CENTER ARE EXPRESSLY EXCLUDED BY DFJ AND HEREBY
WAIVED BY PURCHASER.
7. GENERAL
A.
The warranty made by DFJ herein is made to the purchaser who contracts with DFJ for the work in question. This warranty
may not be assigned or otherwise transferred to any other party without the express prior written consent of DFJ.
B.
DFJ is not liable for the costs incurred in troubleshooting, removing and transporting the defective item to DFJ or its
designated repair facility, nor for the cost of transporting, reinstalling or testing the repaired or replacement item returned to the
purchaser. Any defective item which is replaced under this warranty shall automatically become the property of DFJ.
C.
Replacement parts supplied by DFJ shall have the same remaining warranty period as the defective part removed from the
Aircraft.
D.
Warranties covering the engines and engine accessories installed on the Aircraft are made separately to the Customer by their
respective manufacturers. All warranty claims pertaining to those items must be made directly to the manufacturer in question.
E.
Warranty coverage of the parts and accessories manufactured by Dassault Aviation and other vendors are listed in the
Dassault Falcon Jet Corp. Warranty Procedures Manual provided to each Falcon purchaser.
F.
No alteration, amendment or modification of this warranty will be honored by DFJ.
Dassault Aircraft Services - Wilmington. New Castle Airport, 191 North Dupont Highway, New Castle, DE 19720-3198 (800) 441-9390
Dassault Aircraft Services - Little Rock. Adams Field, 3801 East 10th Street, Little Rock, AR 72202 (800) 643-9511
Dassault Aircraft Services - Reno. Reno/Tahoe Airport, 365 South Rock Blvd, Reno, NV 89502 (866) 543-3001
TERMS AND CONDITIONS
A. TITLE. Title to all parts and materials installed by DFJ in Customer's Aircraft shall not pass to Customer or any other person, firm, or
corporation, until payment in full is made by the Customer and received by DFJ.
B. PAYMENT. All payments shall be made by Customer in accordance with the schedule set forth in PRICING SUMMARY section of
this Proposal. A service charge will be applied to all past due accounts commencing with the due date through the date on which
payment is made.
C. COLLECTION. Customer agrees to pay all reasonable attorney's fees, costs, and expenses incurred by DFJ in the enforcement of
or as a consequence of any breach of this Agreement by Customer. Customer grants to DFJ a lien and security interest in Customer's
Aircraft up to the amount of any payment due but not made by Customer hereunder.
D. TAXES. The amount of all Federal, State or Local taxes applicable to the sale, use or transportation of the articles sold or the work
performed hereunder and all duties, imports, tariffs or other similar levies shall be added to the price and paid by the Customer, except
where the Customer has furnished an appropriate certificate of exemption there from. Customer indemnifies and holds DFJ harmless
from the payment or imposition of any tax imposed for any articles sold or used hereunder or for any work performed hereunder under
the provisions of any state sales and use tax plus any penalties and interest and reasonable attorney's fees connected with the
imposition of any such sales or use tax in connection with the articles sold or used or the work performed hereunder.
E. EXCHANGES/PROVISION OF PARTS. Customer agrees that if parts are replaced hereunder on an exchange basis the Customer
shall be invoiced for such replacement parts at DFJ's exchange price. DFJ shall be responsible for the timely procurement of parts and
materials for the work covered hereby and any Additional Services to insure Aircraft completion in accordance with the terms and
conditions of this Agreement.
F. CHANGES. Customer may request changes or additions to the work set forth herein and/or in any applicable drawings,
specifications and/or designs, provided that the consent of DFJ is first obtained. Such change or addition may be made only through
the initiation of revisions to existing work orders and such changes may affect price and delivery. Any change in price shall be borne by
Customer. Changes may be requested orally but written authorization shall be required within three (3) days after Customer's oral
request is made unless waived by DFJ. It is understood that the prices stated herein are based on straight time labor costs; any
change requested by Customer necessitating an overtime expense will be deemed a change under this paragraph. Labor prices for
any changes shall be at DFJ's then current labor rate. DFJ's pricing is based on the assumption that the existing electrical/avionics
interfaces and electrical power will accommodate the new installations and modifications. Pricing also assumes that the existing
Aircraft wiring prints match the current Aircraft configuration and that the existing structures will not have to be tested or modified in
order to complete the work. In the event the actual configuration of the Aircraft differs from one or more of these assumptions, an
estimate of the additional cost and time required to correct the deficiency will be submitted to the Customer for approval.
G. ADDITIONAL SERVICES. During the performance of the work covered by this Agreement, DFJ may discover new facts,
discrepancies, or hidden defects which were unknown at the time this Agreement was executed. If corrections and/or modifications of
such items are required or desired during the period that the modifications are being accomplished and to the extent that Customer and
DFJ shall agree, DFJ shall perform these services in addition to the work scope described on Page 1 of the Proposal hereof (Additional
Services). Such Additional Services shall be performed in accordance with the terms and conditions of this Agreement. These
Additional Services shall only be provided by DFJ if an authorized representative of Customer (e.g., corporate officer, Director of Flight
Operations, Director of Maintenance) authorizes such Additional Services. Additional Services may be requested orally, but written
authorization shall be required within three (3) days after Customer's oral request is made unless waived by DFJ. DFJ shall provide to
the Customer documentation of the Additional Services performed, including a breakout of labor, and materials being charged to
Customer on a time and material basis. Additional time required due to expansion of work scope shall be included in the change order
which shall be signed by the Customer.
H. MISCELLANEOUS MATERIALS/ENVIRONMENTAL CHARGES. A charge equal to 3% of total labor charges incurred in
connection with the work performed by DFJ will be added to all Customer invoices for miscellaneous consumables up to a maximum
charge of $2,000. This charge covers items consumed including tape, solvents, shop cloths, sandpaper, cleaning compounds,
brushes, grease, nitrogen, oxygen, and small quantities of miscellaneous hardware such as screws, bolts and washers. A charge equal
to 3% of labor will be added to all Customer invoices for environmental charges up to a maximum charge of $2,000. This charge
covers costs incurred to comply with local, state, and federal environmental regulations. All components, parts, or materials supplied by
the Customer are subject to a receiving inspection to ensure adequate certification traceability prior to installation or use. A 15%
handling fee will be charged for all Customer supplied parts.
I. EXCUSABLE DELAY. Where a delivery schedule has been given, DFJ will use its best efforts to comply with such delivery
schedule. However, DFJ shall not be considered in default hereunder and no liability is assumed by DFJ for any change in delivery
schedule due to any cause not reasonably within the control of DFJ including, but not limited to fire, explosion, riot, acts of God, civil
disturbances, floods, earthquakes, and casualties similar in nature to the foregoing, or delays caused by vendors or suppliers of DFJ.
Should events occur which would give rise to Customer's claim that DFJ is in default hereunder, Customer shall first give DFJ a thirty
(30) day written notice of its claim during which period DFJ may cure any claimed default and incur no liability therefore.
Dassault Aircraft Services - Wilmington. New Castle Airport, 191 North Dupont Highway, New Castle, DE 19720-3198 (800) 441-9390
Dassault Aircraft Services - Little Rock. Adams Field, 3801 East 10th Street, Little Rock, AR 72202 (800) 643-9511
Dassault Aircraft Services - Reno. Reno/Tahoe Airport, 365 South Rock Blvd, Reno, NV 89502 (866) 543-3001
J. INSURANCE. While the Aircraft is in DFJ's possession, DFJ will maintain insurance of the types and in the amounts set forth below.
(i) Hangarkeepers Liability Insurance with a per occurrence limit of not less than $20,000,000;
(ii) General Liability Insurance with limits of not less than $5,000,000 per occurrence; and
(iii) Workers' Compensation Insurance in such amounts as are required by applicable statutes.
K. FLIGHTS BY DFJ. This Agreement does not cover flight tests of Customer's Aircraft by DFJ. In the event that Customer desires
DFJ to perform such services, they will be rendered under a separate Agreement which will require appropriate insurance and
indemnification protection of DFJ by Customer before the commencement of such flights.
L. WARRANTY. DFJ's standard Service Center Limited Warranty is attached hereto and made a part of this Agreement.
M. LIMITATION OF LIABILITY. IN NO EVENT SHALL DFJ OR ITS PARENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL,
INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, OR
BUSINESS INTERRUPTION) ARISING OUT OF DFJ's PERFORMANCE OF THE AIRCRAFT SERVICES IN CONNECTION WITH
THIS AGREEMENT..
N. REPRESENTATION. Customer's representatives shall have access during normal business hours to DFJ facilities and the Aircraft
while the work is being accomplished. DFJ regulations concerning employees and facilities will be observed by such representatives.
Customer shall only deal with authorized personnel of DFJ. Customer's representative shall not have access to any portion of DFJ
facilities, which may be restricted by U. S. Government security regulations, or are otherwise so designated by DFJ.
O. APPLICABLE LAW. This Agreement shall be interpreted in accordance with the laws of the State of Delaware. The parties hereto
agree that any litigation arising out of this Agreement shall be in the State of Delaware. If any provision in this Agreement is invalid or
unenforceable in any respect, the validity and enforceability of the remaining provisions of the Agreement shall not be affected. Any
legal action by Customer for breach must be commenced within one (1) year from the date of the breach. Customer agrees to pay all
costs and expenses, including reasonable attorney's fees, incurred by DFJ in any action to enforce DFJ's rights hereunder.
P. WAIVER. Failure by either party to assert all or not any of its rights upon any breach of this Agreement shall not be deemed a waiver
of such rights either with respect to such breach or any subsequent breach, nor shall any waiver be implied from the acceptance of any
payment or service. No written waiver of any right shall extend to or affect any other right either party may possess, nor shall such
written waiver extend to any subsequent similar or dissimilar breach.
Q. SEVERABILITY. Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to such
jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. Any
such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other
jurisdiction. To the extent permitted by applicable law, each party hereby waives any provision of law which renders any provision
hereof prohibited or unenforceable in any respect.
R. ENTIRE AGREEMENT. Upon acceptance of this Agreement by DFJ, the provisions hereof (including the pertinent documents,
drawings, and specifications applicable hereto) shall constitute the entire Agreement between the parties and supersede all prior offers,
negotiations and agreements relating to the subject matter hereof, including but not limited to any terms and conditions of purchase
presented to DFJ by Customer prior or subsequent to the date of this Agreement.
Dassault Aircraft Services - Wilmington. New Castle Airport, 191 North Dupont Highway, New Castle, DE 19720-3198 (800) 441-9390
Dassault Aircraft Services - Little Rock. Adams Field, 3801 East 10th Street, Little Rock, AR 72202 (800) 643-9511
Dassault Aircraft Services - Reno. Reno/Tahoe Airport, 365 South Rock Blvd, Reno, NV 89502 (866) 543-3001