Boeing Commercial Airplanes (BCA) Terms and Conditions
|
|
7XXX - PRODUCT SUPPORT |
NEW
NO. |
OLD
NO. |
REV
NO. |
CLAUSE
TITLE/TEXT
|
70XX |
|
072110 |
ILS
- C-17 REQUIREMENTS |
|
|
|
Deleted |
71XX |
|
072110 |
ILS
- T-45 REQUIREMENTS |
|
|
|
Deleted |
72XX |
|
072110 |
ILS
- OTHER GOVERNMENT REQUIREMENTS |
|
|
|
Deleted |
73XX |
|
072110 |
ILS
- C-17 WARRANTIES |
|
|
|
Deleted |
7301 |
|
|
RESERVED |
7302 |
|
|
RESERVED |
7303 |
|
|
RESERVED |
7304 |
|
|
RESERVED |
7310 |
|
|
RESERVED |
7311 |
|
|
RESERVED |
74XX |
|
072110 |
ILS
- T-45 WARRANTIES |
|
|
|
Deleted |
75XX |
|
072110 |
ILS
- OTHER GOVERNMENT WARRANTIES |
|
|
|
Deleted |
76XX |
|
072110 |
ILS
- MISCELLANEOUS CLAUSES |
|
|
|
Deleted |
77XX |
|
072110 |
PRODUCT
SUPPORT (COMMERCIAL) - REQUIREMENTS |
|
|
|
Deleted |
78XX
|
|
|
PRODUCT
SUPPORT (COMMERCIAL) - WARRANTIES |
7801
|
290
|
|
WARRANTY
|
|
|
|
1.
Seller warrants to Boeing and its customers and
to the operators and lessees of Boeing's aircraft
that all products delivered hereunder, or purchased
under separate order as a spare part by Boeing's
customers shall:
a. Conform to the applicable specifications
or drawings incorporated or referenced herein;
b. Be free from defects in material and workmanship;
c. Be free from defects inherent in design
except to the extent such design was furnished
by Boeing, including defects arising from the
selection by Seller of materials, in view of
the state of the art as of the date of such
design or the date of this contract, whichever
is later; and,
d. Be merchantable and fit for the purposes
intended. Purposes intended include, but are
not limited to complete and immediate satisfactory
service and proper functioning when installed
in the aircraft.
2. The Warranties provided under this Clause
shall be applicable to those defects or failures
becoming apparent at any time before delivery
of the aircraft by Boeing on which the products
furnished hereunder are installed or within:
a. As to defects described in Paragraph 1.a
and 1.b, thirty-six (36) months after delivery
of each aircraft or product by Boeing or to
Boeing's customers provided; however, in case
of any defects in material and workmanship in
any products furnished hereunder which has not
been inspected by the operator during its established
maintenance program prior to the expiration
of the thirty-six (36) months, such defect must
have become apparent within one (1) month after
completion of the first applicable FAA approved
inspection thereafter.
b. As to defects described in Paragraph 1.c.
and 1.d. eighteen (18) months after delivery
of each aircraft of product to Boeing's customers.
c. Seller shall be notified of such defect
or failure within ninety (90) days after its
discovery by Boeing or Boeing's customer. Where
any defect or failure covered by this Warranty
which is made known to Seller with respect to
any failure shall be deemed to have become apparent
with respect to all other products.
3. Seller shall, as to defects arising from
failure to conform to the specifications, or
as to defects in material or workmanship, repair
such defects in the product or replace it with
a similar product free from defects. With respect
to such defects in design or as to failure or
unsuitability for intended purposes, Seller
shall correct such defects, failure or unsuitability
of the product or replace it with a product
free from any defect, failure or unsuitability.
The foregoing repairs, replacements, and corrections
shall be accomplished on a no-charge basis to
Boeing or Boeing's customers. Whenever the product
contains a defect, failure or unsuitability
for which the Seller is liable under Seller's
Warranty and such product has been corrected,
repaired or replaced pursuant to this agreement
(to the extent that the defect, failure or fault
is not attributable to a defective correction,
repair or replacement by Boeing or its customer),
the period of Seller's Warranty with respect
to repair, replacement or redesign, whichever
may be the case, shall be the applicable period
set forth in Paragraph 2. above computed as
of the date of the correction, repair or replacement.
The Seller further agrees to provide pools of
rotable items at no charge when required to
support Boeing or its customers for the corrections,
repairs or replacement of the product for which
Seller is liable under the terms and conditions
of this Warranty. |
|
|
|
4.
Seller shall make all of the foregoing repairs,
replacements and corrections with reasonable care
and dispatch in order that the aircraft involved
may not be kept out of service longer than necessary,
and shall, in addition thereto, promptly pay or
credit Boeing or Boeing's customers account for
costs billed to Seller which are incurred in connection
with:
a. Removal from the aircraft of the product
that is to be repaired, replaced or corrected
hereunder (including removal of any and all
assemblies necessary to remove the product from
the aircraft).
b. The reinstallation of the product free from
any such defects, failure or unsuitability (including
reinstallation of the assemblies as aforesaid).
5. All transportation costs for products subject
to correction pursuant to the terms and conditions
of this Warranty, shall be at Seller's expense.
6. Wherever in the opinion of Boeing or its
customer, the return for repair to Seller's
plant of a Warranty product is not feasible,
the Seller shall at the election of Boeing or
Boeing's customers either:
a. Promptly dispatch a field modification group
to effect such repair, in which case all costs
incurred, including those related directly to
such repairs (including, but not limited to
removal and installation costs) shall be borne
by the Seller.
b. Authorize Boeing or Boeing's customer or
lessee to effect repair, replacement or correction
of the product in which case all costs incurred
relating directly to such repairs (including,
but not limited to removal and installation
costs) shall be borne by the Seller. In this
case the Seller shall promptly reimburse or
credit the account of Boeing or Boeing's customer
an amount equal to the actual cost of material
and repair man-hours required to effect repair.
7. When the return for repair to Seller's plant
of a Warranty product is not feasible, Seller
shall, within seventy-two (72) hours following
notification of a defect, accompanied by Boeing
or its customers request that it be permitted
in such instance to make repair, replacement
or correction, notify Boeing or its customers
of approval or disapproval of such request.
Failing such timely notice by Seller, approval
of such request shall be deemed to have been
given by Seller.
8. This Warranty is in lieu of and replaces
Paragraphs (a) and (b) of Article 4 "Warranty"
as set forth in Form DAC 26-685 General Terms
and Conditions - DAR, or Form DAC 26-800, General
Terms and Conditions - Commercial/FAR. |
7802
|
291
|
|
WARRANTY
(NEGOTIATED) |
|
|
|
See
the Purchase Order/Contract for the identification
of the applicable Warranty requirements, which
are incorporated herein by reference and attached
hereto. |
7810
|
718**
|
072110 |
GROUND
SUPPORT EQUIPMENT WARRANTY FOR COMMERCIAL TYPE
CERTIFICATED AIRCRAFT |
|
|
|
1.
The Seller warrants to Boeing and the operators
of Boeing's aircraft, that all products delivered
hereunder shall:
a. Conform to the applicable specifications
or drawings incorporated by reference herein;
b. Be free from defects in material and workmanship;
c. Be free from defects inherent in design,
except to the extent such design was furnished
by Boeing, including defects arising from the
selection by Seller of materials, in view of
the state of the art as of the date of such
design or the date of this agreement, whichever
is later; and
d. Be merchantable and fit for the purposes
intended. Purposes intended includes, but are
not limited to, complete and immediate satisfactory
service and proper functioning.
2. The Warranties provided herein shall be
applicable to defects or failures becoming apparent
at any time, or within:
a. As to defects described in Subparagraphs
1.a. through 1.d., thirty-six (36) months after
delivery of each product to Boeing's customer;
and
b. Seller shall be notified of the defect or
failure within ninety (90) days after its discovery
by Boeing or operators of Boeing's aircraft.
Where any defect or failure covered by this
Warranty which is made known to Seller with
respect to any one product, and is of such a
nature that it can be expected to exist in other
products, than the defect or failure shall be
deemed to have become apparent with respect
to all other products.
3. As to defects arising from failure to conform
to the specifications or defects in material
or workmanship, Seller shall repair the item
or replace it with a product free from defects.
With respect to defects in design or as to failure
or unsuitability for intended purposes, Seller
shall correct such defects, failure or unsuitability.
4. The foregoing repairs, replacements or corrections
shall be accomplished on a no-charge basis to
Boeing or the operator of Boeing's aircraft.
Whenever the product contains a defect, failure
or unsuitability for which the Seller is liable
under Seller's Warranty and such product has
been corrected, repaired or replaced pursuant
to this agreement (to the extent that the defect,
failure, or fault is not attributable to a defective
correction, repair or replacement by Boeing
or the operator of Boeing's aircraft), the period
of Seller's Warranty with respect to such correction,
repair, replacement or redesign, whichever may
be the case, shall be the applicable period
set forth in Paragraph 2. above computed as
of the date of the correction, repair or replacement.
Should a pool of rotable items be required to
support Boeing or the operator of Boeing's aircraft,
for the corrections, repairs or replacement
of a product for which Seller is liable under
the terms and conditions of this Warranty, Seller
shall promptly provides such items at no charge.
5. If Seller receives a request from Boeing
or the operator of Boeing's aircraft to perform
a routine correction, repair or maintenance
of a product, Seller shall perform any required
work within a period of ten (10) working days
or less from the receipt of product and authority
to proceed. |
|
|
|
6.
In the event Seller is unable to meet the ten
(10) working day repair time, Seller shall, at
Seller's choice, take one of the following actions:
a. Expedite the repair to meet the requirements
of Boeing or the operator of Boeing's aircraft
at no additional charge, or;
b. Provide, at no charge, a loan or leased
product as a replacement until the repair of
the unserviceable product is complete, or;
c. Provide, at no charge, a serviceable exchange
product for the product being repaired.
7. If the time for Seller to repair a product
exceeds ten (10) working days as the direct
result of any act or omission of Boeing or the
operator of Boeing's aircraft, the provisions
of Paragraph 6. above, shall not apply.
8. All transportation costs for products subject
to correction and pursuant to the terms and
conditions of this Warranty, shall be at Seller's
expense.
9. Wherever, in the opinion of Boeing or the
operator of Boeing's aircraft and the Seller,
the return for repair to Seller's plant of a
Warranty product is not feasible, the Seller
shall, at the election of Boeing or the operator
of Boeing's aircraft, either:
a. Promptly dispatch a field modification group
to effect such repair in which case all costs
incurred, including those related directly to
such repair, shall be borne by Seller, or
b. Authorize Boeing or the operator of Boeing's
aircraft to effect repair, replacement or correction
of the product, in which case all costs incurred
relating directly to such repairs shall be borne
by Seller. In this case, the Seller shall promptly
reimburse or credit the account of Boeing or
the operator of Boeing's aircraft the actual
cost of material and repair man-hours required
to effect repair.
10. When the return for repair to Seller's
plant of a Warranty product is not feasible,
Seller shall, within seventy-two (72), hours
following notification of a defect, accompanied
by the request of Boeing or the operator of
Boeing's aircraft that it be permitted in such
instance to make repair, replacement, or correction,
notify Boeing or the operator of Boeing's aircraft
of approval or disapproval of such request.
Failing such timely notice by Seller, approval
of such request shall be deemed to have been
given by Seller.
11. This Warranty is in lieu of and replaces
Paragraphs (a) and (b) of Article 4 "Warranty"
as set forth in Form DAC 26-685, General Terms
and Conditions - DAR, or Form DAC 26-800, General
Terms and Conditions - Commercial/FAR. |
7811
|
719**
|
|
GROUND
SUPPORT EQUIPMENT WARRANTY FOR COMMERCIAL TYPE
CERTIFICATED AIRCRAFT (NEGOTIATED) |
|
|
|
See
the Purchase Order/Contract for the identification
of the applicable Warranty requirements, which
are incorporated herein by reference and attached
hereto. |
79XX
|
|
|
MISCELLANEOUS
PRODUCT SUPPORT (COMMON) CLAUSES |
7901
|
908
|
|
WARRANTY
- PURCHASED PARTS |
|
|
|
1.
Seller warrants that all goods and services furnished
hereunder will conform to the requirements of
this contract (including all descriptions, specifications
and drawings made a part of this contract), and
such goods will be merchantable, fit for their
intended purposes, free from all defects in materials
and workmanship and to the extent not manufactured
pursuant to detailed designs furnished by Boeing,
free from defect in design. Boeing's approval
of designs or specifications furnished by Seller
shall not relieve Seller of its obligations under
this Warranty.
2. In addition to its other remedies, Boeing
may, at Seller's expense, require prompt correction
or replacement of any goods and services failing
to meet Seller's warranties herein. goods and
services corrected or replaced by Seller shall
be subject to all of the provisions of this
contract and to the extent as goods and services
originally furnished hereunder.
3. All warranties, including special warranties
specified elsewhere herein, shall run to Boeing,
its successors, assigns, customers and users
of its products. The warranties shall be applicable
for twelve months after delivery of the goods
to Boeing's customer.
4. This Warranty is in lieu of and replaces
Article 4, Warranty, as set forth in the General
Terms and Conditions referenced on the PO/Contract. |
7902
|
915**
|
|
WARRANTY
- PURCHASED PARTS (NEGOTIATED) |
|
|
|
See
the Purchase Order/Contract for the identification
of the applicable Warranty requirements which
are incorporated herein by reference and attached
hereto. |
7910 |
911** |
072110 |
Deleted |
|
* |
New Clause, no corresponding Clause number assigned under "old" scheme. |
** |
New Clause,
"old" number assigned for Boeing internal
use only. |
*** |
Clause not published in 1/87 edition of DAC 26-730, but was applied as a full text attachment to purchase orders. |
|
|
|
|