MINISTER FOR POLICE and PILATUS AUSTRALIA AGREEMENT(43)

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Notify the new Owner of Record of any Warranty remaining on the Aircraft.

However, Warranty claims which have been filed on or before the time of transfer of Aircraft ownership may not be assigned or otherwise be transferred and shall exclusively be settled between Pilatus and The Owner of Record at the time the claim was initially filed.
RIGHTS AND DISCLAIMERS
EXCEPT TO THE EXTENT EXPRESSLY PROVIDED HERE AND ABOVE, AND IN LIEU OF ALL OTHER WARRANTIES, THERE ARE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE FOR THE ABOVE DESCRIBED AND IDENTIFIED AIRCRAFT OR INSTALLED OPTIONS, ACCESSORIES, EQUIPMENT OR COMPONENTS.
IN NO EVENT SHALL PILATUS BE LIABLE TO THE OWNER OF RECORD FOR ANY AMOUNTS REPRESENTING OWNER’S OF RECORD INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF BUSINESS, AND LOSS OF AIRCRAFT USE, ARISING FROM ERRORS OR OMISSIONS BY PILATUS IN THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT OR ANY ACTS OR OMISSIONS ASSOCIATED THERE-WITH OR RELATED TO THE USE OF THE AIRCRAFT OR ANY ASSOCIATED EQUIPMENT, WHETHER THE BASIS OF THE LIABILITY IS BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), STATUTES, OR OTHER LEGAL THEORY.
PILATUS REJECTS ANY OTHER OBLIGATION OR LIABILITY, WHETHER FOR NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, INCLUDING LOSS OF USE, INCONVENIENCE, COMMERCIAL LOSS, OR OTHER DIRECT OR INDIRECT, CONSEQUENTIAL, INCIDENTAL, GENERAL OR SPECIAL DAMAGES, BY REASON OF THE MANUFACTURE, MARKETING, SALE, LEASE, OR USE OF ANY AIRCRAFT, PART, COMPONENT OR SERVICE.
CSO 63445/ 1531065/ Final  CEHAC/ 22/09//2006
IF, FOR ANY REASON, A COURT OF COMPETENT JURISDICTION ENTERS A FINAL JUDGMENT THAT THE REMEDY PROVIDED FOR IN THE AFORESTATED WARRANTY HAS FAILED IN ITS ESSENTIAL PURPOSE OR THAT ANY BREACH BY PILATUS IN THE AFORESTATED WARRANTY HAS OCCURRED, SELLER SHALL NOT IN ANY EVENT BE LIABLE FOR AN AMOUNT IN EXCESS OF THE PRICE PAID FOR THE SPECIFIC DEFECTIVE AIRCRAFT.
PILATUS NEITHER ASSUMES NOR AUTHORIZES OWNER OF RECORD, SALES, SERVICE OR PARTS CENTER, PILATUS’ EMPLOYEE OR ANY OTHER PERSON, ENTITY OR ANYONE OF ANY NATURE WHATSOEVER BY REASON OF THE MANUFACTURE AND/OR SALE AND/OR LEASE AND/OR USE OF THE IDENTIFIED AIRCRAFT, TO ASSUME FOR IT ANY OBLIGATION OR LIABILITY, OR TO EXTEND ANY OTHER OR FURTHER WARRANTY OR TO INCUR OR ASSUME FOR IT ANY OTHER OBLIGATION OR LIABILITY IN CONNECTION WITH THE SALE, USE, OPERATION, MAINTENANCE, SERVICING OR ANY OTHER ASPECT OF THE AIRCRAFT AND PRODUCTS SUBJECT HEREOF, OTHER THAN THOSE EXPRESSLY SET OUT HEREIN. NO BILL OF SALE, TRANSFER OF TITLE OR EXPORT OR IMPORT OF THIS AIRCRAFT SHALL NULLIFY THE PROVISIONS HEREOF.
　
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