Whirlwind Aviation expressly warrants its products to be free from defects in material and workmanship under normal use and service for a period of twelve (12) months after delivery to the original retail purchaser or until the expiration of the one hundred (100) hour overhaul published by Whirlwind Aviation for the subject product, whichever occurs first.
Whirlwind Aviation's obligation under this limited warranty is limited to repairing or replacing, at its option, any propeller or propeller parts, determined by Whirlwind Aviation to have been defective and which is properly returned by the owner, with a written statement describing the alleged defect, to any Whirlwind Aviation Authorized Service Center authorized to service the individual Whirl Wind product. The repair or replacement of defective parts will be made without charge to the owner for parts and material, except export/import duties, and/or sales or use taxes, if any, which are solely the owner's responsibility. A part replaced pursuant to this limited warranty will be warranted by Whirlwind Aviation under the same terms as the original part for the remainder of the applicable warranty period of the original part.
Contact Whirlwind Aviation prior to making warranty service arrangements with a facility other than Whirlwind Aviation.
Units or parts that are defective must be shipped prepaid to Whirlwind Aviation at the address listed below. The unit must be accompanied by a copy of the original (Distributor or Dealer) invoice and a brief description of the defect.
This limited warranty applies to units that have been used and maintained properly. It does not cover units that show abuse, alterations, improper installation, or improper packaging for shipment; and it does not pertain to damage due to object strike or excessive blade wear due to operation.
This limited warranty is not intended to and does not cover the costs of normal maintenance or overhaul. In addition, Whirlwind Aviation will repair or replace, at its option, any propeller or propeller parts requiring replacement due to manufacturing defect if found at or before the first one hundred (100) hours of operation. Warranty coverage does not include labor, standard overhaul replacement parts, parts repairable via published service information (re-plating, painting, etc.), other costs associated with the propeller overhaul, or export/import duties, and/or sales or use taxes, nor does it apply to defects found after Whirlwind Aviation published overhaul hour or calendar limits.
The provisions of this limited warranty do not apply to: any Whirlwind Aviation parts which have been subject to misuse, negligence or accident or which have been repaired or altered in any way so as, in the judgment of Whirlwind Aviation, to adversely affect their performance, stability or reliability; to normal maintenance services (such as cleaning, mechanical adjustments and maintenance inspections); to the replacement of service items made in connection with normal maintenance; to normal deterioration of soft trim and appearance items (such as paint and rubber-like items) due to wear and exposure; to propellers parts found defective beyond the Whirlwind Aviation recommended overhaul period; or to parts which have been improperly installed by entities other than Whirlwind Aviation and/or Whirlwind Aviation Authorized Service Centers.
Whirlwind Aviation is not responsible for repair parts and/or labor charges incurred by the use of a third party service center (propeller shop) without prior written consent of an authorized official of Whirlwind Aviation.
The Whirlwind Aviation limited warranty is void on any new or remanufactured product installed, without Whirlwind Aviation's prior written approval, on any engine which has received an overhaul or modification which is not approved by the engine manufacturer and that results in a change to the vibratory environment of the engine such as, but not limited to, an alteration of horsepower, operating RPM, crankshaft damper configuration, compression ratio, magneto timing, camshaft design, or any other overhaul or modification not expressly approved by the original engine manufacturer.
To the extent allowed by applicable law, THIS WARRANTY IS EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES, EXPRESSED OR IMPLIED IN FACT OR BY LAW, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE REMEDIES OF REPAIR OR REPLACEMENT SET FORTH HEREIN ARE THE ONLY REMEDIES UNDER THIS WARRANTY. Whirlwind Aviation DISCLAIMS ANY OBLIGATION OR LIABILITY, WHETHER IN CONTRACT OR IN TORT, INCLUDING LOSS OF USE OF THE PRODUCT WARRANTED, LOSS OF TIME, INCONVENIENCE, LOSS OF PROFITS, COMMERCIAL LOSS OR ANY OTHER DIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES. THIS WARRANTY IS IN LIEU OF ANY OBLIGATION OR LIABILITY ON THE PART OF Whirlwind Aviation TO ANYONE OF ANY NATURE WHATSOEVER by reason of the manufacture, sale, lease or use of the warranted products and Whirlwind Aviation neither assumes nor authorizes anyone to assume for it any other obligation or liability in connection with such warranted products. The United Nations Convention on Contracts for the International Sale of Goods, 1980, and any successor thereto, is expressly excluded from this warranty.