1. Definitions
In this Agreement, except where a different interpretation is necessary in the context, the words and expressions set out below shall have the following meanings:
| ECS Exchan Warranty |
A limited warranty issued by the Provider for ECS certified used parts (“Parts” or a “Part”) sold or exchanged under the ECS Exchange Warranty Program. The warranty covers only the physical integrity and functionality of the Part as identified by its certification and part number, in each case solely for defects in materials and workmanship for a period determined by the certification level / warranty terms provided the Part has been professionally installed, used and maintained strictly in accordance with applicable specifications, instructions and industry standards. |
| ECS Silver Certified Parts |
ECS Silver Certified Parts are Parts certified to be in working condition. This includes cleaning and testing, and in some cases painting, but not necessarily a full overhaul. They are warranted for three (3) months from the invoice date. |
| ECS Gold Certified Parts |
ECS Gold Certified Parts are Parts that were defective and have been renewed, cleaned, and tested. They are warranted for six (6) months from the invoice date. |
| ECS Platinum Certified Parts |
ECS Platinum Certified Parts are Parts that have been fully refurbished, overhauled, or remanufactured using OEM spare parts. They are warranted for twelve (12) months from the invoice date. |
2. Warranty Scope and Coverage
- This Warranty Agreement ("Agreement") is issued by Eco Commercial Spare Parts Trading DWC
LLC (“Provider”), a limited liability company incorporated under the rules and regulations of Dubai Aviation City Corporation Authority, holding licence number 13157 and having its registered address at Premises No. WF04, Floor Number WF03, Building CL-2, Dubai Logistics City, Dubai, United Arab Emirates (“UAE”) and applies exclusively to the Parts sold or exchanged under the Exchange Warranty Program.
- The Provider warrants only the physical integrity and functionality of the Part as identified by its part number, and that the Parts conform to applicable standard specifications (including mandatory standard specifications accredited by the Emirates Authority for Standardization and Metrology in the UAE) and applicable health and safety laws. No other warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, or compatibility with other systems, are provided, except as prescribed under applicable law.
3. Exchange Warranty Period
The warranty period shall commence on the date of invoice of the Part and shall remain valid for a period of twelve (12) months for ECS Platinum Certified Parts, six (6) months for ECS Gold Certified Parts and three (3) months for ECS Silver Certified Parts. Such periods may not be extended, renewed or otherwise affected by any repair, replacement or credit issued under this Agreement, save for the period in which the Purchaser is unable to use the Part due to repair or supplier delay in maintenance or spare parts during the warranty period.
- The warranty period shall commence on the date of invoice of the Part and shall remain valid for a period of twelve (12) months for ECS Platinum Certified Parts, six (6) months for ECS Gold Certified Parts and three (3) months for ECS Silver Certified Parts. Such periods may not be extended, renewed or otherwise affected by any repair, replacement or credit issued under this Agreement, save for the period in which the Purchaser is unable to use the Part due to repair or supplier delay in maintenance or spare parts during the warranty period.
- Any repaired or replacement Part shall carry only the unexpired portion of the original warranty period. During this period, the customer (“Purchaser”) may request an exchange of the Part solely in the event of a verified defect in the Part itself.
- The Provider reserves the right to inspect and test the Part prior to approving any warranty claim. The invoice shall include the list of Parts covered by the relevant warranty, as per the invoice attached and the terms and conditions of the invoice.
4. Return, Rejection, and Cancellation Policy:
- Notwithstanding Clause 2 above, and to the extent permitted under applicable laws, non-defective Parts may be returned within seven (7) days of sale if unused, in original undamaged packaging and accompanied by the original invoice.
- Where a Part is defective, hazardous, non-conforming to standard specifications or agreed specifications or subject to recall, the Purchaser is entitled to repair or replacement, return and refund or re-performance without charge, in accordance with applicable law. Time limits and charges in this Agreement do not apply to such statutory remedies.
- All parts eligible for return must be unused, in their original and undamaged packaging, and accompanied by the original invoice at the time of return.
- Upon acceptance of a return, the Provider shall refund the purchase price of the Part, less a handling charge calculated as follows:
- Ten percent (10%) for stock parts;
- Twenty percent (20%) for non-stock returnable parts; and
- Fifty percent (50%) for non-stock, non-returnable parts.
- No returns will be accepted that do not comply with the above conditions. The non-returnable classifications in this clause do not apply to returns or replacements required by applicable law due to defects, hazards or non-conformity with standard or agreed specifications.
5. Exchange Warranty Procedure
- To initiate a warranty claim, the Purchaser must notify the Provider in writing within five (5) working days of becoming aware of the defect and in any event within the applicable warranty period at warranty@ecs-eco.com, providing the original invoice, part details, and a detailed description of the defect and installation procedure followed. Upon verification, the Provider shall, at its sole discretion, either:
- repair the defective Part, if not possible, the provider may decide to replace the defective Part with a similar Part of equal or greater functionality, subject to availability; or
- accept the return of the defective Part and issue a credit note limited to the original purchase price of the Part as the invoice terms and conditions.
- All transportation, handling, and labor costs associated with the removal, return, or reinstallation of the Part shall be borne solely by the Purchaser. If repair takes more than 7 days, the Provider will provide an alternative item for use without charge until repair or replacement is completed, unless the defect results from the Purchaser’s conduct. If repair or replacement of the Part is not possible, the Provider will provide the Purchaser with a refund for the Part. The amount of the refund shall be subject to applicable depreciation rules where partial use occurred and shall be pro-rated against the remaining warranty period.
- The Provider shall determine in writing a specific period for completion of repair, commensurate with the nature of the required maintenance.
- If the same malfunction recurs such that the Part cannot be used fully or safely, and two attempts to repair (or more than fifteen (15) days per attempt including part lead time) have been exhausted, the Purchaser is entitled to a new replacement Part of the same category / specifications or a refund (subject to applicable depreciation rules where partial use occurred). If the same malfunction in the Part that substantially affects the quality of the functional performance of the Part recurs three (3) times during the first year from the date on which the Purchaser receives the Part, the Provider shall replace the Part at no cost with a new Part of the same type and specifications or recover it and refund its value to the Purchaser (subject to being pro-rated for any partial use or damage of the Part).
- The Provider shall handle the repair and warrant the repair and the replaced Parts for at least fifteen (15) days from the date of delivery to the Purchaser, unless the nature of the replaced parts and the repair service require a longer period, provided that the defect or failure shall not arise from the conduct of the Purchaser.
6. Exclusions and Limitations
- This warranty does not cover:
- any damage resulting from improper installation, misuse, abuse, neglect, accident, or unauthorized modification by the Purchaser or third parties;
- any consequential, incidental, or indirect damages, including but not limited to loss of use, downtime, labor charges, or damage to other components or systems;
- any defects arising from environmental conditions, including but not limited to corrosion, exposure to moisture, or extreme temperatures; and/or
- any Part installed in a manner inconsistent with industry standards or manufacturer specifications.
- The Provider’s aggregate liability arising out of or in connection with this Agreement shall be limited to the original purchase price of the Part in the event of any claims arising as a result or in connection with this Agreement, to the extent permitted under applicable law.
7. Indemnification and Liability Waiver
- The Purchaser acknowledges and agrees that the Provider’s liability is strictly limited to the warranty coverage described herein, subject to applicable laws. The Purchaser hereby waives any and all claims for indemnification, compensation, or damages beyond the scope of this Agreement, to the extent permitted under applicable law. The Provider shall not be held responsible for any third-party claims or liabilities arising from the use of or failure of the Part, to the extent prescribed by applicable laws.
- Any omission to exercise, or delay in exercising, any right or remedy under this agreement shall not constitute a waiver of that, or any other, right or remedy.
- The waiver by any party to this agreement of any of its rights or remedies arising under this agreement or by law shall not constitute a continuing waiver of that right or remedy or a waiver of any other right or remedy.
8. Governing Language
This Agreement is in English. This Agreement, all consumer facing information, advertisements, contracts and any warranties in connection with this Agreement will also be made available in Arabic. In the event of any ambiguity or contrary wording in the translation, the Arabic language text shall prevail in any event.
9. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the United Arab Emirates. Any disputes arising out of or in connection with this Agreement shall be resolved exclusively through binding arbitration, conducted in accordance with the rules of the Dubai International Arbitration Centre (“DIAC”). The decision of the arbitrator shall be final and binding on both parties.
10. Entire Agreement
This Agreement constitutes the entire agreement between the Provider and the Purchaser with respect to its subject matter. Each of the parties acknowledges and agrees that it has not entered into this Agreement in reliance on any statement or representation of any person (whether a party to this Agreement or not) other than as expressly incorporated in this Agreement. Each of the parties irrevocably and unconditionally waives any right or remedy it may have to claim damages and/or to rescind this Agreement by reason of any misrepresentation (other than a fraudulent misrepresentation or as prescribed by applicable laws) not contained in this Agreement.
Annex A: Invoice and packing list
Annex B: Invoice T&Cs