Icon’s Buyer Contract Restricts Liability

Gemini Sparkle

Key Takeaways:

  • Icon's 41-page sales contract for the A5 imposes extensive stipulations, including mandatory Icon-approved training and maintenance, and requires owners to waive their right to sue or pay an additional $10,000.
  • The contract mandates the use of a flight data recorder, maintained by the owner, with Icon retaining full rights to access and utilize the data, and sets specific airframe overhaul and life limits.
  • Unusual resale terms include requiring new owners to adhere to the original contract or pay a $5,000 transfer fee, and Icon reserves the right to buy back the aircraft at a company-determined market value.
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Icon has recently started to ask buyers with deposits on the A5 light sport aircraft to sign a sales contract before taking delivery of their airplanes, and the length of that contract — 41 pages (PDF) — is unusual for general aviation, as are a number of Icon’s stipulations. The contract requires that every pilot who flies the A5 must receive training from Icon-approved instructors or the company itself, and the aircraft must be maintained by Icon-approved mechanics. More significantly, Icon seeks to limit the company’s liability by requiring owners to sign a waiver pledging not to sue or, if they want that right, to pay an additional $10,000. The airframe has a 2,000-hour or 10-year overhaul requirement and appears to be life-limited to 30 years or 6,000 hours, whichever comes first.

Every aircraft also will come equipped with a flight data recorder that the owner is required to use at all times and maintain at his own expense. The company can use the data in any way it wishes and will grant the owner limited access to such data. Further, Icon requires that if the aircraft is resold, the original buyer must assure that the new owner will adhere to the original buyer’s stipulations with Icon or pay a $5,000 transfer fee. Icon also reserves the right to buy the airplane back from the original owner at a market value that appears to be determined by Icon.AVweb editorial director Paul Bertorelli takes an in-depth look at the contract in today’s AVweb Insider blog.

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