Repairs & Overhauls Terms & Conditions

Acceptance – Buyer’s repair order is accepted subject to the following terms and conditions and no others unless the same have been consented to in writing by Western Air International (WAI, “Seller”). The placing of the repair order by Buyer shall be conclusive evidence of the Buyer’s approval of, and consent to, the terms and conditions herein contained.

Price – Are valid for 30 days unless otherwise stated from the date of quotation and are subject to change without notice as stipulated by the repair facility at receipt of order. Any changes will be advised to Buyer before proceeding with order. All prices are F.O.B. Seller’s facility, unless otherwise stated and do not include cartage, insurance, taxes, imposts, or any similar charges.

Performance/Deliveries – Seller shall not be liable for delays in delivery, performance, or failure to perform, or deliver due to (1) causes beyond its reasonable control, or (2) acts of God, (3) acts of the Buyer, acts of civil or military authority, and delays in transportation. In the event of any such delay, the date of performance/delivery shall be extended for a period as may be reasonably necessary to compensate for any such delay.

Changes – No change shall be made to specifications relating to the repair order without the written consent of Seller. Subject to the foregoing, the Buyer, by written order, may make changes in shipment, or packing of articles. If any such change increases or decreases the cost of, or the time required for performance of the order, or otherwise affects any of the provisions of the order, an equitable adjustment shall be made in the price or delivery schedule, or both, and in such other provisions of the order as may be so affected, and the order shall be modified in writing accordingly. Any claim for adjustment hereunder may be asserted at any time prior to the final settlement of the order.

Cancellation – Buyer reserves the right to cancel any portion of the order affected by a default of Seller or any insolvency or suspension of Seller’s operations or any petition filed or proceeding commenced by or against Seller under any state of federal law relating to bankruptcy, arrangement, reorganization, receivership or assignment for the benefit of creditors.

Avionics and Mechanical Equipment Return – The Buyer will, at its sole expense and risk, deliver Equipment to WAI’s designated facility to be repaired. The Buyer will provide, concurrent with Equipment shipped to WAI, (1) data which specifies reason for removal, (2) for aircraft and Equipment so equipped, trouble-shooting data including On-board Maintenance System, or “OMS,” and internal Built-in-Test Equipment, or “BITE,” data for the failed Equipment, and (3) all known or suspected exclusions as listed in Exclusions below.

Exclusions – Open account can be re-established through the application and approval process. American Express, Master Card, and Visa credit cards are accepted. First order can be expedited through bank wire transfer, credit cards, or C.O.D. payments. WAI offers stand-by and standard bank letters of credit.

Export – The following costs and expenses are not included in the flat rate prices, and are charged separately at Time and Material rates in effect at the time of such repair:

1. Any repair costs arising from Equipment that have been exposed or subjected to:
2. Failure to comply with all requirements regarding the proper maintenance, repair and/or modifications of the Equipment as specified by the Original Equipment Manufacturer (“OEM”) maintenance manuals;
   b. Any operation, testing, use or storage of Equipment that is not in accordance with the applicable Honeywell and/or OEM publications;
   c. Any accident, misuse, abuse, foreign object damage (“FOD”) or neglect resulting in damage, fatigue or unusual wear to Equipment;
   d. Any alteration, modification or repair by anyone other than Honeywell or those specifically authorized by Honeywell to perform repair on that Equipment;
   e. Any damage precipitated by failure of a component not supplied by Honeywell.
3. Work or repair costs associated with Equipment that is determined to be Beyond Economic Repair (“BER”). In the event Equipment is declared BER, WAI will contact the Buyer and comply with the Buyer’s instructions for repair at Time and Material, scrap, or return of Equipment to the Buyer.
   3. Replacement of Life Limited Hardware (“LLH”) due to time limits.
   4. Replacement or repair of underwater locator beacon or its batteries.

Shipments – Shipments are normally made by the carrier you specify. In the event your order does not indicate a carrier, we shall select one, but we cannot be held responsible for selecting the cheapest or fastest one. Except for obligations stated under “Warranty”, our responsibility for Equipment ceases upon delivery to the carrier. In the event of loss or damage during shipment, your claim should be made against the carrier. If notified, we will render all possible assistance in securing satisfactory adjustment.

Export: Unless otherwise agreed, Buyer shall be responsible for compliance with the export control laws and regulations of the U.S. Government and when required by such laws and regulations shall obtain validated export and re-export licenses required for goods, services and technical data delivered under the order. Seller shall not be liable to Buyer for any failure to provide goods, services or technical data because of any following U.S. Government actions:

1. Refusal to grant export or re-export license;
   2. Cancellation of export or re-export license;
   3. Any subsequent interpretation of United States export laws and regulations, after the date of the order that limits or has a material adverse effect on the cost of Seller’s performance on the order.

Defense Articles: Consistent with current U.S. laws and regulations pertaining to the sale of military equipment application and end use of product must be acquired and retained by the manufacturer and seller. A U.S. government solicitation or contract number is acceptable in lieu of application and end user. In the event an application, end user or U.S. government solicitation or contract number is not provided at the time of quotation/purchase order submittal, your document will not be accepted.

Products that are identified as Commercial/Dual Usage may require this information.

Inspection: The Buyer shall inspect and accept or reject products delivered pursuant to the repair order after Buyer takes custody of such products. In the event the products do not comply with the applicable Seller drawings, the Buyer shall notify the Seller in writing of such noncompliance and give the Seller a reasonable opportunity to correct any such noncompliance Repairs, provided the reason for rejection is due solely to the fault of WAI. The Buyer shall be deemed to have accepted any products delivered hereunder and to have waived any such noncompliance in the event Seller does not receive notification within seven (7) days after the Buyer takes custody of the products. The Buyer further agrees that partial or beneficial use of the work by WAI prior to final inspection and acceptance will constitute acceptance of the work under this Agreement.

Turn-Around-Time: The turn-around-time (“TAT”) for repairs and overhauls of Equipment begins the first day after the day Equipment is received at WAI’s designated repair facility for that Equipment and ends on the date the Equipment is made available for return shipment to the Buyer. TAT excludes excusable delays set forth in Performance and Deliveries section and all delays attributable to the Buyer, including, but not limited to:

1. Abuse;
   2. FOD;
   3. Accidents;
   4. Equipment that is BER;
   5. Obsolete Equipment;
   6. Buyer-requested modifications;
   7. Any Buyer-caused reason, including, but not limited to:
2. Special instructions from the Buyer;
   b. Special investigations or engineering analysis;
   c. Failures which result in demand for a piece part that has no demand for the previous 2 years;
   d. Missing or incomplete documentation including absence of repair orders with removal reasons;
   e. Missing parts;
   f. Time waiting for WAI’s instructions.

Warranty: WAI subcontractors warrant that at time of shipment to the Buyer its Equipment will comply with applicable OEM drawings and for a period six (6) months after the first use of the article, or twelve (12) months after delivery of the article to the Buyer, whichever occurs first, the Equipment will be free from defects in workmanship and material. The repair warranty is limited to the repaired portion of the Equipment. These warranties run to the Buyer, its successors, assigns, and customers. Equipment repaired or overhauled by WAI will be warranted by the FAA certified repair facility that performs the service. Unless otherwise specified all applicable Seller’s responsibility under these warranties shall expire six (6) months after the first use of the article, twelve (12) months after delivery of the article to the Buyer, whichever is earlier. These warranties will not apply if the articles or any parts thereof have been subjected to:

1. Any maintenance, overhaul, installation, storage, operation, use, handling, or environment which is improper or not in accordance with Seller’s instructions;
   2. Any alteration, modification, or repair by anyone other than Seller or its authorized representative;
   3. Any accident, misuse, neglect, or negligence after delivery by Seller.

“Nonconformance” means failure to comply with, or failure to operate due to noncompliance with, applicable OEM drawings or having defects in workmanship or material. The warranty shall not apply to any article to the extent that the defect or nonconformity is attributable to any part not supplied by or approved by Seller. Normal wear and tear and the need for regular overhaul and periodic maintenance do not constitute a nonconformance.

Confidential: The Buyer agrees that it will not disclose or make available to any unauthorized third party any Seller’s Data or other information pertaining to the order, which is proprietary to Seller without obtaining Seller’s prior written consent.

Taxes: The amount of all Federal, Provincial, or local taxes applicable to the sale, use, delivery, or transportation of the articles sold hereunder and all duties, imposts, tariffs, and other similar levies shall be added to the order price and paid by the Buyer except where the Buyer shall furnish appropriate certification of exemption there from.

Partial Shipments: Unless agreed otherwise at the time your order is accepted, we reserve the right to make partial shipments, and to submit invoices for partial shipments payable in accordance with our standard terms.

Note: Any printed version of Western Air International Terms & Conditions is considered an uncontrolled copy.

*These Terms and Conditions may change without prior notice*

Updated: 7/15/2025