These terms and conditions (“Agreement”) are between Trio Avionics, Inc. (“Trio”) and Customer and govern the
sale of Trio products (“Product”) to Customer. Customer agrees to and accepts the terms and conditions of this
document by 1) signing this document, 2) paying for the Trio Product, or 3) installing or using the Trio product. you do not accept and agree to these terms and conditions, then do not install the Products in your aircraft. Call
Trio for a Return Material Authorization (RMA) and return the unused system for a full refund.
If
A. Products Covered by Warranty
Trio Avionics, Inc. (hereinafter referred to as “Trio”) warrants each Product to be free from defects in materials and
assembly during normal use and service. Defective Product, which is under warranty, must be returned to Trio in the
manner described in Section E below for the Product to be remanufactured or replaced. The warranty period of 3 years
commences with the date of shipment to the original Customer.
B. Exclusive Warranty Remedy
During the applicable warranty period stated in this Terms and Conditions, Trio will provide the following sole and exclusive
remedy in the event a Product is determined by Trio to be defective in materials or assembly. Trio, at its sole discretion, will
either remanufacture the defective Product without charge or replace it with a new or remanufactured Product. Customer
must deliver its warranty claim to Trio during the warranty period in the manner described in Section E below as a condition
to receiving warranty service from Trio. Return of the defective Product to Trio is required. The customer shall be
responsible for all costs of removing from any aircraft and re-installing the allegedly defective product in any aircraft and for
all shipping, packaging, handling or transportation cost, including any import or export fees, taxes, customs, tariffs or similar
charges.
C. Warranty Exclusions
The following items are not covered by Trio’s warranty:
• Ancillary equipment not furnished by Trio which is attached to or used in conjunction with the Product.
• A Product which is used with any ancillary equipment that is not furnished by Trio.
• Freight cost to return the Product to Trio.
• Defects or damage resulting from Customer’s improper testing, operation, installation, maintenance, modification,
alteration, or adjustment.
• Defects or damage from misuse, accident, or neglect.
• Defects or damage resulting from use of the Product in other than its normal and customary manner.
• Defects or damage due to lightning or other electrical discharge.
• Product that is disassembled or repaired in such a manner as to adversely affect performance or prevent adequate
inspection and testing to verify any warranty claim.
• Modification or abuse of, or tampering with, the Product.
• Installation, maintenance, or service of the Product.
D. Warranty Limitations
THIS WARRANTY SETS FORTH THE FULL EXTENT OF TRIO’S WARRANTY RESPONSIBILITY. REPAIR,
REPLACEMENT, OR CREDIT IN THE AMOUNT OF THE PURCHASE PRICE PAID FOR THE APPLICABLE DEFECTIVE
PRODUCT, AT TRIO’S SOLE DISCRETION AS INDICATED ABOVE, IS THE EXCLUSIVE REMEDY.THIS WARRANTY IS PROVIDED IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES. ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE SPECIFICALLY EXCLUDED. IN NO EVENT
WILL TRIO BE LIABLE FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE PRODUCT, FOR ANY LOSS
OF USE, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, LOST PROFITS OR SAVINGS, OR OTHER
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE INSTALLATION, USE, OR INABILITY
TO USE SUCH PRODUCT, TO THE FULLEST EXTENT THAT ANY SUCH LOSS OR DAMAGE MAY BE DISCLAIMED BY
LAW. TRIO WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGE OR LOSS RESULTING FROM THE
OPERATION OR PERFORMANCE OF ANY AIRCRAFT OR THIRD-PARTY PRODUCT IN WHICH TRIO’S PRODUCT IS
INCORPORATED.
E. Return Policy for Defective Products Under Warranty
To return a defective Product which is under warranty to TRIO, Customer must:
1. Not return product without first obtaining approval from Trio.
2. Provide Trio Customer Service with the following:
a. The model number and serial number of the defective Product.
b. The registration number of the aircraft in which the product is installed
c. A description of the Product defect.
3. Customer must return the defective Product to Trio. The defective Product must be returned to Trio in a testable
condition (e.g., all product components necessary for proper testing). Customer will package the returned product in a
manner to prevent shipping damage to the Product. Return shipping damage will not be covered under Warranty.
4. Upon Trio’s receipt of the defective Product from Customer, Trio will evaluate the defective Product to determine whether
it is covered under Trio’s warranty. If Trio determines the Product is covered under its warranty, Trio will take the corrective
warranty action described in Section B of this Terms and Conditions. Customer agrees to pay Trio a minimum $125 charge
for each Product evaluated by Trio and determined not to be defective.
G. Collection of Returned Product
Customer shall collect the returned product after evaluated or repaired from Trio. Trio shall have the liberty to dispose
uncollected products after 2 months.
H. Non-Warranty Repair Charges
Trio may agree to remanufacture certain Products which are out of warranty, in which event charges will apply*.