Question to Eclipse Buyers from bambazonke
I don't wish to insult all Eclipse purchasers, but does anyone here have a good reason why a buyer; read the one in the driving seat, would sign a contract that had the following verbiage:
15.5 Attorney Fees. If Seller is prevailing party in any action to enforce its rights under this Agreement, Seller shall be entitled to its fees, costs and expenses (Including attorney's fees and expenses) in connection therewith).
What about the Buyer's fees enforcing the contract..SOL?
Under Disclaimer and Release:
ii) Except for the obligations expressly undertaken by Seller herein, Buyer hereby waives and releases all rights, claims, and remedies with respect to any all warranties express, implied or statutory (including without limitation, the implied warranties of merchantability and fitness and any implied warranties arising from liabilities in tort or contract arising by law or otherwise including (1) LIABILITY FOR SELLER'S OWN NEGLIGENCE, (2) STRICT LIABILITY OR PRODUCT LIABILITY AND (3) ANY OBLIGATIONS OF SELLER WITH RESPECT TO INCIDENTAL OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF USE, OR CHANGE IN MARKET VALUE OF THE AIRCRAFT. THIS SECTION 9.ii shall not be interpreted to affect in any way Seller's obligations, if any for third party claims for property damage personal injury or wrongful death. (My emphasis on the caps above).
What person in their right mind would give away their rights for the negligence of another, particularly an outfit like this...
iii) IF AN ALLEGED DEFECT THAT WOULD BE COVERED BY THIS LIMITED AIRCRAFT WARRANTY CAUSES THE DESTRUCTION OF THE AIRCRAFT BEYOND ECONOMICAL REPAIR, THEN AND ONLY THEN, BUYER HEREBY WAIVES AND RELEASES FOR ITSELF AND ITS INSURERS ALL RIGHTS, CLAIMS AND REMEDIES WITH RESPECT TO ANY CLAIMS AND REMEDIES WITH RESPECT TO ANY CLAIMS FOR THE RECOVERY OF THE VALUE OF THE AIRCRAFT OR THE LOSS OF USE OF THE AIRCRAFT WITH RESPECT TO ANY AND ALL WARRANTIES EXPRESSED (INCLUDING THOSE PROVIDED IN THIS LIMITED WARRANTY) IMPLIED OR STATUTORY (INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS), DUTIES, OBLIGATIONS, LIABILITIES, IN TORT OR CONTRACT ARISING BY LAW OR OTHERWISE INCLUDING (1) LIABILITY FOR THE SELLERS OWN NEGLIGENCE OR (2) STRICT LIABILITY OR PRODUCT LIABILITY. THIS SECTION 9 iii SHALL NOT BE INTERPRETED TO AFFECT IN ANY WAY SELLER'S OBLIGATIONS, IF ANY FOR THIRD PARTY CLAIMS FOR PROPERTY DAMAGE, PERSONAL INJURY, OR WRONGFUL DEATH.
I would be interested to know how many spouses know of the rights that have been signed away for negligence of the Seller, equally important, how many Insurance carriers that have quoted the risk on the wonder jet, know that their remedies and rights for Seller's negligence have been waived..
Given this companies track record of coming clean, I would feel particularly naked having waived these rights against their negligence.