Penta Avionics shall assess a $499.00 minimum cost to Customer for any warranty work performed where no defects are found and no repairs are necessary for the item to be used for its intended purpose.

This Warranty shall not cover:

(1) Bench Check

(2) Alignment;

(3) Defects or damages caused by unauthorized service;

(4) Damages or malfunctions caused by negligence, abuse, or use not in accordance with intended function of the item;

(5) New Equipment (Customer shall ship the item directly to the original equipment manufacturer (OEM) for warranty consideration, at no cost to Penta Avionics).

(6) Corrupt boot and/or OPS/kernel software from failed field load attempts.

Warranty shall cover:

Sales Unit(s):

If Penta Avionics sells you a unit the following will apply:

* Unit(s) with inspected tags: These units DO NOT carry any type of warranty

* Unit(s) with serviceable tags: These units carry One Hundred and Eighty (180) days of warranty from Penta Avionics’ shipping date to customer, or 1,000 hours, whichever       occurs first.

* Unit(s) with overhaul tags: These units carry Three hundred and sixty-five (365)days of warranty from Penta Avionics’ shipping date to customer or 2,000 hours, whichever       occurs first.

Customer Serviced Unit(s):

If the customer sends an LRU to Penta Avionics for service, then the following will apply:

* Unit(s) with inspected tags: These units DO NOT carry any type of warranty

* Unit(s) with serviceable tags: These units carry One Hundred and Eighty (180) days of warranty from Penta Avionics’ service completion date, or 1,000 hours, whichever       comes first – Limited to the parts replaced on the shop visit and work scope.

* Unit(s) with overhaul tags: These units carry Three hundred and sixty-five (365)days of warranty from Penta Avionics’ service completion date or 2,000 hours, whichever       occurs first – Limited to the parts replaced on the shop visit and work scope.

(1) Acceptance of goods and/or repairs covered by this service quote constitutes an agreement to pay reasonable collection and attorney’s fees if this account is not paid in full by the due date. A 1.5% finance charge shall be added per month to all past due invoices. Customer expressly submits and consents to the jurisdiction and venue in Miami-Dade County, State of Florida, and agrees that such state court shall have sole and exclusive jurisdiction in any case of dispute or controversy arising hereunder or by any reason thereof.

(2) All quote(s) shall be approved by Customer within ten (10) calendar days. If the quote(s) is not approved, Customer hereby agrees to pay Penta Avionics, Inc., a $499.00 USD bench check/diagnostic/inspection/evaluation fee (“Work”) on Customer’s Line Replaceable Units (“LRU’s”). Customer hereby acknowledges and agrees that Penta Avionics must perform minor alterations on the LRU’s to complete the Work and thus, the Work shall be deemed an alteration and upon the issuance of the Work invoice, shall be deemed to have been completed in accordance with Florida Statute §83.031(2).

(3) If the timely approval is not received, Customer’s LRU’s shall be returned unrepaired with Customer responsible for all return shipping costs and expenses which shall be paid by Customer at the time of delivery. If a return shipment is refused by Customer a $50.00 storage fee per day shall apply and Customer’s account shall be placed on “cash in advance” only. Penta Avionics shall not be responsible for any equipment left over Thirty  (30) days. Due to regulatory, liability and licensing reasons, Penta Avionics shall not accept Customer supplied parts. Penta Avionics shall not provide repair and hold and/or quote and hold service. Any deviation or modification from these terms and conditions must be approved in writing by an authorized Penta Avionics Company principal and signed by all interested parties. Interest shall accrue on all outstanding invoices at the rate of 1.5% per month.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, THIS SERVICE QUOTE SHALL BE DEEMED A TENTATIVE PROPOSAL AND SHALL NOT BE DEEMED AN AUTHORIZED QUOTE AND/OR A BINDING AGREEMENT, UNTIL SUCH TIME AS THE SERVICE QUOTE IS DULY EXECUTED AND DATED BY BOTH THE CUSTOMER AND PENTA AVIONICS’ AUTHORIZED REPRESENTATIVE AND THE FULLY EXECUTED AUTHORIZED QUOTE IS THEREAFTER FURNISHED TO AVCOM AND/OR CUSTOMER BY THE OTHER PARTY.

OEM & Third Party Serviced Components 

If a unit is serviced by an OEM or a third party repair station, the customer will be subject to OEM and/or third party policies Terms and Conditions. PENTA AVIONICS will not be responsible for freight charges or recertification fees if any.

Flat rate Exchanges:

Traceability must be in accordance with the following guidelines:  Exchange cores must be produced by a manufacturer holding an FAA approved manufacturing and quality control system/method as set forth in FAR Part 21, sub part F, G, L, sub part K, paragraph 21.303 (PMA) or Part 21, sub part O, paragraph 21.601(TSO), or under Part 21 for a Type, Production, or Supplement Type Certificate and such materials are new and conform to the referenced specifications herein and are in airworthy condition.

These parts were made by the Prime Manufacturer or under a Licensee Agreement with the Prime Manufacturer, that is, was not obtained from any Government or Military source and or complies with AC20-62D.

All exchange transactions are subject to Penta Avionics’ inspection and acceptance. If LRU is rejected the outright price will apply.

Penta Avionics shall only accept exchanges where the part number and dash number are identical to those previously supplied by Penta Avionics.

Airworthiness Directives and service bulletins will be invoiced separately.

Exchange plus cost:

Exchange fee value will be determined by Penta Avionics and will be billed at current shop rate to bring to current regulatory airworthiness condition up to the same condition as the Penta Avionics provided unit. (see block 11 of previously supplied 8130-3) Traceability must be in accordance with the following guidelines:  Exchange cores must be produced by a manufacturer holding an FAA approved manufacturing and quality control system/method as set forth in FAR Part 21, sub part F, G, L, sub part K, paragraph 21.303 (PMA) or Part 21, sub part O, paragraph 21.601(TSO), or under Part 21 for a Type, Production, or Supplement Type Certificate and such materials are new and conform to the referenced specifications herein and are in airworthy condition.

These parts were made by the Prime Manufacturer or under a Licensee Agreement with the Prime Manufacturer, that is, was not obtained from any Government or Military source and or complies with AC20-62D.

All exchange transactions are subject to Penta Avionics’ inspection and acceptance. If LRU is rejected the outright price will apply.

Penta Avionics shall only accept exchanges where the part number and dash number are identical to those previously supplied by Penta Avionics.

Airworthiness Directives and service bulletins will be invoiced separately.

(1) Tampered void seals;

(2) Foreign particle contamination or water intrusion;

(3) Improper installation;

(4) Faulty peripherals, and/or defective aircraft installation;

(5) Excessive wear and tear, abuse, misuse, neglect, improper storage, improper handling, or installation and/or physical damage and maintenance for system-induced       problems are excluded from this warranty;

(6) Third party repairs; and

(7) Failure to pay for any parts and work performed by Penta Avionics, other than that covered under this warranty, or for any goods shipped to Customer, which have outstanding balances due to Penta Avionics.

8) Freight damage(s), contact your carrier for commercial resolution.

(2) Loss of Revenue;

(3) Units outside the warranty time limitations; and/or

(4) Third party evaluations or repairs during the warranty period.

(5) Freight damage(s), contact your carrier for commercial resolution.

Any and all liability attributable to Penta Avionics shall be limited to the costs of the repair of the item or the replacement thereof, in like kind, if necessary. In no event shall Penta Avionics be liable for any direct or consequential or incidental damages which may arise out of the repair, sale and/or use of the units, which are sold or otherwise supplied to Customer. PENTA AVIONICS shall not be liable for any Customer costs associated with troubleshooting, removal, installation or shipping of any defective or returned units.

Penta Avionics makes no other claim or further warranty, expressed, implied or statutory and hereby specifically disclaims the implied warranties of merchantability and fitness for a particular purpose or use. This warranty is limited to the initial Customer that contracted with Penta Avionics and shall not be transferable to any other third party unless otherwise consented to in Penta Avionics’ sole and unfettered discretion, which consent must be in writing. Except as stated specifically herein, this warranty is limited to the duration of the warranty period.

Upon completion of an authorized repair/replacement, Penta Avionics shall notify the soliciting Customer that the repair/replacement is completed. Upon receipt of said notice by email, facsimile or U.S. Mail, Customer shall at the same time of its retrieval, pay for the repair/replacement. Should Customer fail to retrieve its items within 30 days from the date of original notice, Penta Avionics shall be entitled to sell the item at a private sale and apply the sales price received to the outstanding monies due Penta Avionics by Customer.

Penta Avionics shall also be entitled to obtain accrued interest at the legal rate in the State of Florida, storage fees at the rate of $50.00 a day and reasonable attorney’s fees. Should the amount received from the private sale be less than the amount then due, Penta Avionics shall be entitled to maintain a deficiency action against Customer. Penta Avionics shall retain title to all items sold and/or shipped to Customer until payment in full is received and acknowledged by Penta Avionics’ banking institution.

Penta Avionics reserves the right to retrieve its units from the end user or end user aircraft if payment is in default.

All payments due from Customer to Penta Avionics are to be paid in accordance with the written invoiced terms.

Any inactive account for the period of 3 months will be automatically placed on C.O.D. status. A D & B Paydex of 70 is required to establish open account.