Rotax Conditions relating to the limited extended warranty

Rotax Conditions relating to the limited extended warranty
Rotax Conditions relating to the limited extended warranty

SL-912 i-017_915 i-012_Conditions relating to the limited extended warranty under the ROTAX® Care program for ROTAX® Engine Types 912 i (Series) and 915 i (Series) ATA System: 00-00-00 General note

Planning information
To obtain satisfactory results, procedures specified in this publication must be accomplished with accepted methods in accordance with prevailing legal regulations. BRP-Rotax GmbH & Co KG cannot accept any responsibility for the quality of work performed in accomplishing the requirements of this publication.

In addition to this technical information refer to current issue of
- in general Operators Manual (OM)
NOTE: The status of the Manuals can be determined by checking the table of amendments. The 1st column of this table shows the revision status. Compare this number to the one listed on the ROTAX website.

BRP-Rotax GmbH & Co KG (“BRP-Rotax”)* warrants that its new and unused aircraft engines covered by this limited extended warranty and properly maintained in accordance with section 4 (“ENGINE” or “ENGINES“) and its parts and accessories for aircraft engines (“PART” or “PARTS“), (collectively referred to as the “PRODUCTS”), are free from defects in material or workmanship for the period and under the conditions described below. By operating an ENGINE or using a PART, the owner agrees that these terms and conditions are applicable and exclusive, that they were disclosed to the owner, and they were accepted by the owner at the time of purchase of the PRODUCT. BEYOND THE PROVISIONS OF THIS LIMITED EXTENDED WARRANTY, BRP-ROTAX OFFERS NO GUARANTEE AND/OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE MERCHANTABILITY OR FITNESS FOR INTENDED USE OF THE PRODUCTS.

The following cases are not warranted under any circumstances:

  1. replacement of normal wear and tear or service items (such as spark plugs, filters, hoses, belts, etc.)
  2. any defects, failures or malfunctions due to any improper alteration, improper modification, improper removal, improper service or improper repair performed by anyone other than BRP-Rotax or its authorized representatives or any modification of the PRODUCT from its original configuration
  3. any defects, failures or malfunctions due to any storage, installation, operation, usage or maintenance which is not in accordance with BRP-Rotax‘s manuals, service documents, Airworthiness Directives, bulletins, instructions and/or recommendations (e.g. abnormal wear as a result of starting problems, vibrations, overloading, etc.)
  4. any defects, failures or malfunctions due to installation of accessories, parts, components or other items not supplied by BRP-Rotax for aviation use
  5. any defects, failures or malfunctions resulting from detonation/pre-ignition e.g. resulting from incorrect fuel and/or overloading of engine, piston scuffing, and/or any damage resulting from lack of lubrication
  6. any defects, failures or malfunctions due to the ingestion of foreign matter, dirt inside or outside the PRODUCT, corrosion, electrolysis, sulphidation, ingestion of water or ice or any other damage due to the operating environment
  7. any defects, failures or malfunctions resulting from the use of PARTS having exceeded any PRODUCT limitation or recommended limitation established by the manufacturer, including but not limited to those of the airframe manufacturer, for example the ENGINE RPM, the oil pressure, the oil and cylinder head temperature, the boost pressure, the fuel consumption and proper system adjustment, etc.

This limited extended warranty does not apply to normal maintenance service such as PRODUCT tune-ups, adjustments, inspections, ENGINE or component overhaul resulting from time between overhaul (TBO) expirations, etc. This limited extended warranty applies only to the parts of the PRODUCT that are manufactured or supplied by BRP-Rotax for aviation use.

Nothing contained herein should be construed as a warranty by BRP-Rotax of any part of the PRODUCT that is not manufactured or supplied by BRP-Rotax for aviation use. BRP-Rotax shall not be liable for any failures of engines or parts that were not manufactured or supplied by BRP-Rotax for aviation use, or for damages resulting from any failures of such products, even if the damages affect a BRP-Rotax PRODUCT. This limited extended warranty shall not apply if the PRODUCT has been used at any time, even by a previous owner, for racing or other competitions.

In the event that the governing law of a country does not allow the disclaimers, limitations and exclusions identified above, only those specific provisions that are not allowed shall be deemed to be inapplicable, and all other provisions and limitations of this limited extended warranty shall remain in full force and effect. Neither the DISTRIBUTORS authorized by BRP-Rotax to distribute ROTAX aircraft engines, nor a dealer or service center authorized by such a distributor (each, a “ROTAX DISTRIBUTOR/DEALER”), nor any other person or entity has been authorized to make any confirmation, assurance, warranty or guarantee regarding the PRODUCT. All rights are contained in this limited extended warranty, and no other assurance, warranty or guarantee shall be enforceable against BRP-Rotax. BRP-Rotax reserves the right to modify this limited extended warranty at any time in writing, being understood that such modification will not alter the warranty conditions applicable to the PRODUCTS sold while this limited extended warranty is in effect. The repair or replacement of parts or the performance of service under this limited extended warranty shall be the sole and exclusive remedy available, and will be the absolute limit on BRPRotax’s or ROTAX DISTRIBUTOR/DEALER’s or any of their affiliates’ liability regardless of whether based upon contract or tort (including negligence, strict liability or breach of warranty) arising out of or resulting from (1) this limited extended warranty, or the performance or breach thereof, (2) the design, manufacture, delivery, sale, repair, replacement or any use of such parts, and of the PRODUCTS, (3) or the performance of any such service.

Repair or replacement of parts
BRP-ROTAX will, at its sole discretion, either repair parts found to have developed defects under normal use, maintenance and service, or replace such parts with new genuine ROTAX parts without a charge for the LABOUR COSTS (as defined below) at any authorized ROTAX DISTRIBUTOR/DEALER or coordinated by an authorized ROTAX DISTRIBUTOR/DEALER, during the following warranty coverage period. For the limited extended warranty, the following durations is offered for the warranty protection. An extension of the purchased limited extended warranty or of the duration of protection, e.g. by repeated purchases, is not possible. If BRP-ROTAX, at its sole discretion, decides to replace the whole engine for economical reasons (instead of a repair) within the coverage period, the expiry date of this limited extended warranty remains unchanged.

Troubleshooting costs
During the current coverage period of the limited extended warranty, BRP-Rotax will pay for certain troubleshooting costs associated with identifying the need for any repair or replacement covered by this warranty, when performed by, or coordinated through an authorized ROTAX DISTRIBUTOR/DEALER (“TROUBLESHOOTING COSTS”), and where a defect is identified that results in a warranty claim. The permissible amount of TROUBLESHOOTING COSTS will correspond to the latest revision of the BRP-Rotax rate for labor costs under limited warranty for the respective PRODUCT, which is made available to the authorized ROTAX DISTRIBUTORS. However, the TROUBLESHOOTING COSTS shall not, in any case, exceed fifteen percent (15%) of the LABOUR COSTS that BRP-Rotax has determined to be permissible for such repairs or replacements.