PURCHASE AGREEMENT AND RELEASE
Cicaré USA LLC, Reno, Nevada ( Seller ) manufactures and sells helicopters as homebuilt kits as well as completely assembled and certified helicopters. In the U.S.A., the Cicaré helicopters require inspection and certification by the Federal Aviation administration (the FAA), under the provisions of the (FAR) Federal Aviation Regulations. Government aviation agencies in other countries establish the qualifications and regulations, which may apply to Cicaré helicopters as well. The undersigned ( Purchaser ) intends to purchase one (1) helicopter or helicopter kit (“Helicopter”) from Seller, understands, and agrees to the following conditions and requirements:
Aircraft Certification of Helicopter kits
Purchaser has read, investigated, and thoroughly understands the aviation regulations applicable to his use of the Helicopter kit, understands the certification requirements and the interpretation of the regulation by the various authorities. Purchaser recognizes and agrees that many factors beyond the control of Seller affect the aviation authority certification of the Helicopter kit, including:
- The final as-constructed quality and resultant airworthiness, which is directly and exclusively the result of the actions of Purchaser.
- Varying interpretation by the FAA or other regulatory agencies of the regulations for certification of homebuilt or kit aircraft.Purchaser understands that Seller does not represent that any personally built Helicopter will qualify for certification in any particular country or otherwise comply with any regulations and that Seller accepts no responsibility whatsoever for such certification. Helicopter kit Purchaser accepts the sole responsibility for certification of Helicopter kit purchased.
Certified Helicopters other than kits
Purchaser has read, investigated, and thoroughly understands the aviation regulations applicable to his use of the Helicopter as a certified aircraft including the operating limitations, maintenance requirements and inspection requirements or time limits. Purchaser recognizes and agrees that many factors beyond the control of Seller affect the certified airworthiness of the of the Helicopter and Purchaser accepts responsibility to maintain the certified Helicopter per aviation regulations and within the Seller’s maintenance instructions for continued airworthiness.
Helicopter Design Integrity
Purchaser understands that the overall design and construction of the Helicopter is based upon integral characteristics of airframe structure, critical engine, transmissions, drive couplings and main and tail rotor characteristics, flight controls and critical aerodynamic and center of gravity characteristics. Purchaser understands and agrees that these items and other critical components used on any Helicopter must satisfy all the requirements specified in Seller(s) product manual instructions and Purchaser agrees that the above characteristics are critical and integral to the design of the Helicopter. Purchaser agrees not to make any modification of any Helicopter or Helicopter component and agrees not to use any parts, components, or accessories that are not authorized and approved by Seller. Purchaser assumes full responsibility for any consequences, damages or losses that may result from the use of any parts, components, or accessories that are not authorized and approved by Seller.
Purchaser understands and agrees that the proper assembly, blade balancing and tracking, pre-flight testing, and flight testing of the Helicopter is critical to the safe operation and maintenance of the Helicopter. For Helicopter kits the Purchaser agrees to take great care in following the assembly instructions provided to the Purchaser by the Seller, and agrees to use such care in the initial assembly of any kit and when adding or substituting any parts or components subsequent to the initial assembly.
Safety-Related Improvements
Seller may from time to time notify Purchaser of technological improvements developed by Seller. In some instances, Seller may deem such improvements to be very important to the continued safe operation of the Helicopter and may designate such as Service Bulletins. Purchaser agrees to promptly purchase and install all Service Bulletins designated by Seller. And hereby agrees to indemnify and hold Seller harmless for any and all claims arising out of events which may have been avoided or the effects of which may have been reduced by the prompt implementation of Service Bulletins.
Indemnity and Release
Purchaser understands and agrees that many factors beyond the control of Seller affect the operational safety of the Helicopter including, but not limited to:
- The assembly of the Helicopter kit and rigging of flight controls according to the instructions provided with the kit.
- Performance by Purchaser or other competent authority of inspections, thorough pre-flight testing and flight testing procedures for determination of properperformance parameters, maintenance procedures and repairs of the finished Helicopter kit; and,
- Safe operation of the Helicopter by Purchaser or others while on the ground and in flight.
Purchaser also understands and agrees that maintenance and/or repair of any Helicopter may involve the use of tools, equipment and construction methods, which may present safety hazards, which are beyond the control of Seller.
Purchaser acknowledges that Seller assumes no responsibility for accuracy of information or advice provided to Purchaser by individuals not in the direct employ of Cicaré USA LLC.
Purchaser hereby indemnifies and holds harmless Seller from any liability arising from the kit assembly, use maintenance and operation of the Helicopter purchased under this agreement.
Proprietary Materials & Information
Purchaser understands and agrees that information proprietary to Seller, including Helicopter part features, design features and written documentation, and is supplied with the Helicopter for the sole use of Purchaser. Purchaser understands and agrees that such proprietary information is a confidential trade secret of Seller and is supplied to Purchaser solely to enable Purchaser to purchase, construct and operate a Helicopter.
Purchaser agrees to prevent any of Seller(s) proprietary information from being diverted from its intended use. Purchaser specifically agrees:
- Not to copy or permit others to copy any Helicopter product manuals or other documentation supplied to Purchaser;
- Not to duplicate or permit others to duplicate any parts or assemblies supplied to Purchaser; and,
- Not to trace, photograph or otherwise record dimensional information, or to permit others to trace, photograph or otherwise recorddimensional information from parts or assemblies supplied to Purchaser.
Address or Ownership Change
To ensure receipt of notices from Seller, Purchaser agrees to notify Seller in writing, within in ten (10) days, after Purchaser changes his address from the address below or after any change in ownership of the Helicopter. If ownership changes, Purchasers notice to Seller shall contain the name and address of the new owner.
Applicable Law: Courts
This Agreement shall be interpreted, construed and enforced in all respects in accordance with the laws of the State of Nevada. Buyer shall not commence nor prosecute any suit proceeding or claim to enforce the provision of the Agreement, to recover damages for breach of or default under this Agreement. Or otherwise arising under or by reason of this Agreement other than in the courts of the State of Nevada or the District Court of the United States, District of Nevada. Buyer irrevocably consents to the jurisdiction of the courts of the State of Nevada with venue laid in Washoe County and the District Court of the United Stated, District of Nevada.
I HAVE READ AND I UNDERSTAND AND I AGREE TO COMPLY WITH THE FOREGOING CONDITIONS FOR PURCHASE OF (1) CICARE HELICOPTER RECOGNIZING THAT THE LIABILITY LIMITATIONS CONTAINED IN THIS AGREEMENT ARE NECESSARY IN ORDER TO KEEP THE PURCHSE PRICE REASONABLY LOW. I HEREBY CERTIFY THAT MY PURCHASE OF THE HELICOPTER FROM SELLER IS EXCLUSIVELY FOR PERSONAL, EDUCATIONAL AND/OR RECREATIONAL USE.
PAYMENT TERMS:
All prices in USD, FOB, Reno Nevada. Freight will be freight collect unless prepaid. Freight charges are estimates only and can vary slightly. Balances are due at least 15 days prior to shipment. Purchaser is liable for all sales, use and/or similar taxes resulting from this purchase that are levied by any agency for any jurisdiction, which may apply to this purchase.
Helicopter or Helicopter KIT Limited Warranty: Cicaré 7B/T/BT S/N 001 & on; Cicaré 8 S/N 001 & on; Cicaré Trainer S/N 017 & on
Cicaré S.A. with the Cicaré Distributor (hereafter referred to as Cicaré) warrants each new helicopter, SVH4 trainer or Helicopter kit (hereafter referred to as KIT) to be free from defects in material and workmanship appearing within 1 year from the date of delivery from Cicaré or during the first 100 hours of operation, whichever event occurs first; provided, the aircraft has been subjected to normal use and service. This warranty is limited to repair or replacement on an exchange basis, as selected by Cicaré, of any part, which upon examination by Cicaré is deemed to have been defective when the aircraft left the factory. A new warranty period is not established for parts replaced under the terms of this warranty. Such replacement parts are warranted only for the reminder of the original warranty period. This Warranty shall not apply to any helicopter or part which has been repaired or altered outside the factory, and which in Cicaré’s Judgment, has affected the performance or reliability of the helicopter or part. This Warranty shall not apply to any helicopter or part which has been subject to corrosion, misuse, negligence, or accident, nor to any parts normally replaced during routine maintenance, such as, air cleaners, skid shoes, rod end or spherical bearings, light bulbs etc. This Warranty shall not apply to any Helicopter or Kit which has been crated for shipping unless such crating is performed by Cicaré. Cicaré is not responsible for the cost of shipping parts under the terms of this Warranty. However, Cicaré will credit the Cicaré Dealership or Distributor, which sold and delivered the New Helicopter or KIT to its original owner, with an allowance for labor performed by that Dealership or Distributor for removing and reinstalling the defective part. No credit will be issued for troubleshooting. This Warranty extends only to the original purchaser.
Cicaré makes no warranty with respect to Batteries, instruments, avionics, or other trade accessories since they are usually warranted separately by their respective Manufacturers. New Aircraft, KITS (when purchased with the engine) and SVH4 Trainers are equipped with new Engines which have a separate ROTAX limited warranty.
Additional Warranty for Main & Tail Gearboxes
In addition to the warranty specified above, an extended pro-rated warranty shall apply to the Main and Tail gearboxes for the first 100 hours of service or one year from the date of manufacture, whichever event occurs first. During this period, if a gearbox must be overhauled due to failure of a part which was defective when it left the factory. Cicaré will prorate the cost of the overhaul by dividing the hours in service by 300 to the months in service by thirty-six (36), whichever fraction is greater.
THE FOREGOING WARRANTY IS EXCLUSIVE AND IS GIVEN AND ACCEPTED IN LIEU OF ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED, OR STATUTORY, WHETHER WRITTEN OR ORAL, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR TRADE USAGE, THE REMEDIES OF THE BUYER SHALL BE LIMITED TO THOSE PROVIDED HEREIN. IN NO EVENT WILL THE MANUFACTURER BE LIABLE FOR LOSSES RESULTING FROM LOSS OF USE OF THE HELICOPTER, COLLATERAL CONSEQUENTIAL OR SPECIAL DAMAGES, OR ANY OTHER COSTS.
Warranty adjustments with respect to any helicopter or parts manufactured by Cicaré will be made upon compliance with the following procedure:
- The defective part or assembly, together with a written warranty claim, must be returned to Cicaré no later than 30 days after discovery of the defect and must have been discovered before the expiration of the warranty period.
- Cicaré will, after inspection, determine whether the material or part was defective when it left the factory and will respond accordingly. Final determination of a Warranty adjustment rests on Cicaré.
Please note that any warranty services or questions must be accompanied by the Serial Number of the helicopter, Model, and proof of number of hours at the moment of claim. Cicaré will offer no warranty service without the information previously mentioned.
Any after-market additions or modifications and all the systems or parts involved in the modification incurred will not be warranted. The helicopter owner is responsible for the payment, at current rates, for any service or repair outside the scope of this Warranty.
Cicaré states that the “KIT”, once correctly assembled according to the assembly specifications and Operator’s Manual, shall be in technical conditions to flight. Nonetheless Cicaré specifically states that the owner agrees that Cicaré does not guarantee that the “Kit” shall meet the flight fitness conditions, nor that it will be qualified for certification before the corresponding Flight Authority.
The warranty and remedies set forth below are exclusive and in lieu of all others, oral or written, expressed or implied. No reseller, agent or employee is authorized to make any modification, extension or addition to this warranty.
Warranty Conditions
The above Limited Warranty is subject to the following conditions:
- This warranty extends only to products distributed and/or sold by Cicaré and its net of distributors is effective only if the products are purchased and operated within the jurisdiction of the distributor.
- This warranty covers only normal use of the helicopter. Cicaré shall not be liable under this warranty if any damage or defect results from (i) misuse, abuse, neglect, improper shipping or installation; (ii) disasters such as fire, flood, lightning or improper electric current; or (iii) service or alteration by anyone other than an authorized dealer; (iv) damages incurred through irresponsible use, including those resulting from acrobatic maneuvering, outside of normal range operation, over speed, hard landing, etc.
- No warranty extension will be granted for any replacement part(s) furnished to the purchaser in fulfilment of this warranty.
- This warranty does not cover any third-party parts or accessories installed in a Cicaré helicopter.
- Using any accessories without written authorization from the factory may invalidate the warranty if Cicaré determines the accessories inflicted in the component’s failure.
- Cicaré makes no warranty either expressed or implied regarding third-party (non-Cicaré) accessories.
- Cicaré will not cover parts that have been modified or added to the helicopter.
- Cicaré states that the “Kit”, once correctly assembled according to the assembly specifications and Operator’s Manual, the “Kit” shall be in technical condition for flight. Cicaré specifically does not guarantee that the “Kit” shall meet the flight fitness conditions, nor that it will be qualified for certification before the corresponding Flight Authority.
Warranty Limits and Exclusions
Cicaré does not offer technical support for any parts or components not fabricated by the factory. Technical support should be pursued through the company’s distributor (If applied). Cicaré accepts no liability for problems caused by after-market modifications or additions. Customers are responsible for operating and maintaining the helicopter for their own protection. Cicaré is not responsible for any loss of work (“down time”) caused by a product requiring service. This warranty is null and void if the defect or malfunction was due to damage resulting from operation not within manufacturer specifications. It will also be null and void if there are indications of misuse and/or abuse. Cicaré has the option of voiding the warranty if anyone other than an Cicaré technician or an authorized representative attempts to service the product. Cicaré will not warrant any problems arising from an act of God (lighting, flooding, tornado, etc.), or additional devices added to complement any system/component bought at Cicaré. Under no circumstances will Cicaré be responsible for any refund or remuneration exceeding the original purchase price of the product less any shipping fees. THE COMPANY makes every effort to make sure all information on our website is correct.