Special Seatbelt Airbag Offer for Comanche Aircraft

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Transcription:

Special Seatbelt Airbag Offer for Comanche Aircraft Eighty-percent of new single engine general aviation aircraft come equipped with AmSafe seatbelt airbags as standard equipment. Now for the first time this life-saving technology is being offered to Piper Comanche Owners. AmSafe has designed a program that can make airbags a reality for all models of Comanche aircraft. However, to move forward with this plan we will need a commitment from a minimum of 20 owners to purchase seatbelt airbags. Once we have reached this target we will formally launch the development and STC process. Act now as this offer ends November 1, 2010 and is only available for U.S. registered aircraft. Ten-percent of the special purchase price is required to secure your seatbelt airbag system. All kits include the hardware necessary to install the seatbelt airbag in the pilot and co-pilot seat positions. Kits are designed to replace your existing restraint system. As an example, you would purchase a 2-point seatbelt airbag system to replace your existing 2-point restraint; a 3-point seatbelt airbag to replace your 3-point restraint. You cannot order a 3-point airbag kit to replace your existing 2-point restraint. Kits must be installed at any authorized AmSafe Service Center. A complete list of service center locations can be found on www.gaairbags.com. A 10% deposit is required with each order. Your deposit is fully refundable if AmSafe does not receive the required number of orders to launch the development program or fails to certify the system. The balance owed will be charged against your credit card at time of shipment. Additional rebates or other discounts cannot be applied to this special program offer. Timeline for completion of development and certification is expected to take seven months. Estimated start date is November 1, 2010 with certification by June 1, 2011. The balance owed on the kits will be charged against your credit card upon shipment of the product. Once an order is placed it cannot be cancelled unless AmSafe fails to obtain the 20 order commitment or is unable to complete the certification for whatever reason. Program updates will be provided via the ICS web site or by email to each of the launch customers on a regular basis. All orders must be delivered within six months after complete certification by AmSafe. Additional terms and conditions apply. If you still have questions about airbags or the program please call 1 (877) 684-6447 or email: salesgaairbags@amsafe.com Need more convincing? Visit www.gaairbags.com to learn more about how airbags can save lives and prevent serious injury.

Terms and Conditions of Sale Applicability These terms and conditions of sale are applicable to all sales made by AmSafe, Inc. (hereinafter "AmSafe") to its customers (hereinafter "Customer") unless otherwise negotiated and contracted to in writing at the time of sale. By accepting delivery, Customer agrees to be bound by these terms and conditions of sale, notwithstanding Customer s terms and conditions whether or not supplied to AmSafe at any time. Order Acknowledgment Upon Customer s order being placed, AmSafe will acknowledge receipt of such order whether placed by phone or email. Acceptance will be sent via email to the customer. Order Information Requirements The following information MUST BE INCLUDED as part of the order: (1) Name of purchaser (2) Complete billing address (3) Credit card information (4) Part number of kit being ordered (5) Serial number and model of aircraft. Orders will not be accepted without this information. Shipping and Title Title to, and risk of loss of, the Products subject to this Agreement passes to Customer after delivery to the carrier at AmSafe, ExWorks (Incoterms 2000), which shall be Seller s facility. Warranty AmSafe warrants to Customer of AmSafe seatbelt airbags subject to these terms shall be free of defects in workmanship or material and shall conform to AmSafe s specifications. AmSafe s liability for breach of warranty for defective seatbelt airbag units sold to Customer under this sale shall be limited, at AmSafe s option to: i. Repair or replace such defective seatbelt airbags or, ii. Refund the sales price received from Customer for such defective seatbelt airbags units. All claims for defective seatbelt airbags must be presented to AmSafe in writing within (3) three years after date of shipping date to Customer, provided however, in the event of defective webbing, claims must be presented to AmSafe within (1) one year of installation. Failure of Customer to give such notice shall constitute a waiver by Customer of all claims with respect to such defective seatbelt airbag units. Warranty claims can be submitted to an AmSafe Authorized Service Center for processing. Any part of the seatbelt airbags system that is not functioning must be removed by an AmSafe service center who in turn can submit for warranty consideration on behalf of Customer. Have your service center contact AmSafe Customer Service for details and assistance on filling a warranty claim.

In no event shall AmSafe be liable for: iii. Defects or non-conformance due to third party negligence, accident, abuse, improper care, storage or installation. iv. Damage to product which have been tampered with or altered in any way other than by AmSafe or at AmSafe s direction. v. Expenses incurred by Customer in attempting to correct any defects in or non-conformance of seatbelt airbags. THESE WARRANTIES ARE EXCLUSIVE AND ARE IN LIEU OF ANY AND ALL OTHER WARRANTIES EXPRESSED OR IMPLIED, ARISING BY LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. Contingencies AmSafe will not be liable for any delay in or failure to perform an obligation under this Acknowledgment and Order attributable to an unforeseen circumstance or a cause beyond our reasonable control. These are circumstances or causes generally understood to be within the meaning of force majeure. During the contingency period, we may suspend delivery of Goods, and if shortages of Goods ensue, we may allocate production of Goods among our customers. We will try to resume performance by seeking reasonable alternatives to overcome the contingency. Changes Seller shall confirm changes requested by Customer and the effect of those changes on delivery schedule and additional cost. Upon written acceptance of those changes Seller will proceed with making the changes as requested. Seller shall not be required to proceed with any changes until Customer provides written acceptance of the changes. Limitation of Liability AMSAFE S AGGREGATE LIABILITIES TO CUSTOMER ARISING OUT OF OR RELATING TO ANY PRODUCTS PURCHASED HEREUNDER SHALL BE LIMITED AS PROVIDED HEREOF, AND SHALL NOT EXCEED THE PURCHASE PRICE ACTUALLY RECEIVED BY AMSAFE FOR THE PRODUCTS AT ISSUE. AMSAFE SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR RELATING TO ANY PRODUCT SOLD TO CUSTOMER HEREUNDER. CUSTOMER HEREBY AGREES ITS EXCLUSIVE REMEDIES ARE SET FORTH IN THIS AGREEMENT. Jurisdiction / Choice of Law / Cause of Action

This agreement constitutes the entire agreement between Customer and AmSafe overruling any prior agreements between Customer and AmSafe Customer consent to be bound by the laws of the State of Arizona with no regard to its conflicts of law principles. Moreover, Customer agrees to to venue and personal jurisdiction within the state and federal courts of Phoenix, Arizona United States of America for the filing of any claim, dispute, or other complaint related to or arising out of these terms and conditions or the products as described herein. AmSafe s failure to insist upon or impose strict performance of any condition of this agreement shall not be constituted, as a waiver of any stipulation or right. If any requirements of this Agreement are found by a court of capable jurisdiction to be suitable, that stipulation will be imposed to the utmost degree allowable and the remaining requirements will remain in effect.