PURCHASE AGREEMENT AND RELEASE
Kitfox Aircraft LLC, of Homedale, Idaho ( Seller ) manufactures and sells a sport aircraft in the form of home construction kits (the Kitfox). In the U.S.A., the Kitfox requires inspection and certification by the Federal Aviation administration (the FAA), under the provisions of the (FAR) Federal Aviation Regulations. Similar governmental agencies in other countries establish the qualifications and regulations, which apply to the Kitfox in those countries. The undersigned ( Purchaser ) intends to purchase one (1) Kitfox from Seller, understands, and agrees to the following conditions and requirements:
Seller(s) sole obligation to Purchaser after the sale is to replace, without charge, any part or component of this order manufactured by Seller and discovered to be defective within a period of twenty four (24) months from the date of shipment from Seller. Provided that the Purchaser provides Seller with proof of having completed inventory of the ENTIRE contents of this order within sixty (60) days of ship date. Seller will not accept the return of old (unused, unwanted, outdated, etc) parts for refunds, credit, or trade-in-value. The only parts, which may be returned to Seller for extension of credit or replacement, are parts that do not meet Kitfox Aircraft LLC manufacturing or quality standards. Purchaser accepts sole responsibility for the proper assembly, testing, operation, and regulated maintenance of any Kitfox Aircraft LLC product and full compliance with all applicable aviation regulations. The liability of Seller to Purchaser resulting from the sale of any Kitfox Aircraft LLC product, including liability for any latent defects found within the effective period of this warranty, shall not exceed the total purchase price paid for the aircraft by Purchaser. In no event shall Seller be liable for special incidental, or consequential damages including personal injury or property damage claims incurred by Purchaser or any other persons. Purchaser acknowledges that he or she has fully investigated and researched the undertaking of assembling a kit. Purchaser agrees that Seller has no obligation to Purchaser if Purchaser fails to complete the kit for any reason. This warranty is extended to ORIGINAL PURCHASE ONLY and is not transferable.
THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED
TO, ANY WARRANTY OF MARCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Purchaser has read, investigated, and thoroughly understands the aviation regulations applicable to his use of the Kitfox, 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 certification of the Kitfox, including:
a. The final as-constructed quality and resultant airworthiness, which is directly and exclusively the result of the actions of Purchaser.
b. 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 Kitfox will qualify for certification in any particular country or otherwise comply with any regulations and that Seller accepts no responsibility whatsoever for such certification. Purchaser accepts the sole responsibility for certification of any Kitfox purchased.
Kitfox Design Integrity
Purchaser understands that the overall design and construction of the Kitfox is based upon integral characteristics of airframe structure, critical engine and propeller characteristics, and critical aerodynamic and center of gravity characteristics. Purchaser understands and agrees that the engine and propeller and other critical components used on any Kitfox 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 Kitfox. Purchaser agrees not to make any modification of any Kitfox 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, pre-flight testing, and flight testing of the Kitfox is critical to the safe operation and maintenance of the aircraft. 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.
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 aircraft and may designate such as mandatory improvements. Purchaser agrees to promptly purchase and install all mandatory improvements 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 mandatory improvements.
Indemnity and Release
Purchaser understands and agrees that many factors beyond the control of Seller affect the operational safety of the Kitfox including, but not limited to:
a. The assembly of the Kitfox and rigging of flight controls according to the instructions provided with the kit.
b. Performance by Purchaser or other if inspections, thorough pre-flight testing and flight testing procedures for determination of proper performance parameters, maintenance procedures and repairs of the finished Kitfox aircraft; and,
c. Safe operation of the Kitfox by Purchaser or others while on the ground and in flight.
Purchaser also understands and agrees that maintenance and/or repair of any Kitfox 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 Kitfox Aircraft LLC.
Purchaser hereby indemnifies and holds harmless Seller from any liability arising from the assembly, use maintenance and operation of the Kitfox purchased under this agreement.
Proprietary Materials & Information
Purchaser understands and agrees that information proprietary to Seller, including Kitfox part features, design features and written documentation, and is supplied with the Kitfox 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 Kitfox.
Purchaser agrees to prevent any of Seller(s) proprietary information from being diverted from its intended use. Purchaser specifically agrees:
a. Not to copy or permit others to copy any Kitfox product manuals or other documentation supplied to Purchaser;
b. Not to duplicate or permit others to duplicate any parts or assemblies supplied to Purchaser; and,
c. Not to trace, photograph or otherwise record dimensional information, or to permit others to trace, photograph or otherwise record dimensional 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 Kitfox. If ownership changes, Purchaser s 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 Idaho. 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 Idaho or the District Court of the United States, District of Idaho. Buyer irrevocably consents to the jurisdiction of the courts of the State of Idaho with venue laid in Owyhee County and the District Court of the United Stated, District of Idaho.
I HAVE READ AND I UNDERSTAND AND I AGREE TO COMPLY WITH THE FOREGOING CONDITIONS FOR PURCHASE OF (1) KITFOX AIRCRAFT 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 KITFOX FROM SELLER IS EXCLUSIVELY FOR PERSONAL, EDUCATIONAL AND/OR RECREATIONAL USE.
TERMS: All prices in USD, FOB, Homedale Idaho. 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.