Accepted Industry Standard Practices Normal Wear and Tear. The Buyer’s rights under this Clause 12.1 are subject to the Aircraft and each component, equipment, accessory and part thereof being maintained, overhauled, repaired and operated in accordance with accepted industry standard practices, all Technical Data and any other instructions issued by the Seller, the Suppliers and the Propulsion Systems Manufacturer and all applicable rules, regulations and directives of the relevant Aviation Authorities. The Seller’s liability under this Clause 12.1 shall not extend to normal wear and tear nor to:
(i) any Aircraft or component, equipment, accessory or part thereof, which has been repaired, altered or modified after Delivery, except by the Seller or in a manner approved by the Seller;
(ii) any Aircraft or component, equipment, accessory or part thereof, which has been operated in a damaged state;
(iii) any component, equipment, accessory and part from which the trademark, name, part or serial number or other identification marks have been removed.
Accepted Industry Standard Practices Normal Wear and Tear. The Buyer’s rights under this Clause 12.1 are subject to the Aircraft and each component, equipment, accessory and part thereof being maintained, overhauled, repaired, and operated in accordance with accepted industry standard practices, all technical documentation and any other instructions issued by the Seller and the Suppliers and the Propulsion Systems Manufacturer and all applicable rules, regulations and directives of relevant Aviation Authorities.
12.1.10.1 The Seller’s liability under this Clause 12.1 shall not extend to normal wear and tear nor to:
(i) any Aircraft or component, equipment, accessory or part thereof which has been repaired, altered or modified after Delivery except by the Seller or in a manner approved by the Seller;
(ii) any Aircraft or component, equipment, accessory or part thereof which has been knowingly operated in a damaged state (unless the continuation of such operation was unavoidable);
(iii) any component, equipment, accessory and part from which the trademark, name, part or serial number or other identification marks have been removed; Unless in any such case (except in the case of (iii) above) the Buyer submits reasonable evidence to the Seller that the defect did not arise from or was not attributable to any one or more of such causes.
Accepted Industry Standard Practices Normal Wear and Tear. The Buyer’s rights under this Clause 12.1 are subject to the Aircraft and each component, equipment, accessory and part thereof being maintained, overhauled, repaired and operated in accordance with the Buyer’s Aviation Authority approved maintenance program and maintenance procedures and requirements and any other mandatory requirements issued by the Seller generally to all owners and operators of the Warranted part at issue, the Suppliers and the Propulsion Systems Manufacturer and all applicable rules, regulations and directives of the relevant Aviation Authorities. The Seller’s liability under this Clause 12.1 shall not extend to normal wear and tear or to:
(i) any Aircraft or component, equipment, accessory or part thereof, which has been repaired, altered or modified after Delivery, (except for any repair, alteration or modification made by the Seller or in a manner approved by the Seller);
(ii) any Aircraft or component, equipment, accessory or part thereof, which Buyer has knowingly operated in a damaged state (other than in the case of operational necessity); or
(iii) any component, equipment, accessory or part from which the trademark, part or serial number or other identification marks have been removed. AVA - A320 Family PA AMENDED AND RESTATED
Accepted Industry Standard Practices Normal Wear and Tear. The Buyer’s rights under this Clause 12.1 with respect to any Warranted Part are subject to such Warranted Part being maintained, overhauled, repaired and operated in accordance with accepted industry standard practices, all Technical Data and any other instructions issued by the Seller, the Suppliers and the Propulsion System Manufacturer with respect to such Warranted Part and all applicable rules, regulations and directives of the relevant Aviation Authorities with respect to such Warranted Part. The Seller’s liability under this Clause 12.1 will not extend to normal wear and tear nor to:
(i) any Warranted Part that has been repaired, altered or modified after Delivery, except by the Seller or in accordance with the Seller’s Technical Data or the Seller’s written instructions;
(ii) any Warranted Part that has been operated in a damaged state, except to the extent such operation was until the next commercially reasonable opportunity to replace such Warranted Part; and
(iii) any Warranted Part from which the part or serial number has been removed.
Accepted Industry Standard Practices Normal Wear and Tear. The Buyer’s rights under this Clause 12.1 are subject to the Aircraft and each component, equipment, accessory and part thereof being maintained, overhauled, repaired and operated in accordance with accepted industry standard practices, all Technical Data and any other instructions generally applicable to, and generally adopted by, operators of aircraft of the same model as the Aircraft issued by the Seller, the Suppliers and the Propulsion System Manufacturer and all applicable rules, regulations and directives of the relevant Aviation Authorities, [***] The Seller’s liability under this Clause 12.1 will not extend to normal wear and tear or to:
(i) any Aircraft or component, equipment, accessory or part thereof, which has been repaired, altered or modified after Delivery, except by the Seller or in a manner approved by the Seller unless Buyer furnishes evidence reasonably satisfactory to the Seller that such repair, alteration or modification was not a cause of the applicable defect;
(ii) any Aircraft or component, equipment, accessory or part thereof, which has been operated in a damaged state, unless Buyer furnishes evidence reasonably satisfactory to the Seller that such operation was not a cause of the applicable defect; or
(iii) any component, equipment, accessory and part from which the trademark, name, part or serial number or other identification marks have been removed.
Accepted Industry Standard Practices Normal Wear and Tear. The Buyer's rights under this Clause 12.1 are subject to the Aircraft and each component, equipment, accessory and part thereof being maintained, overhauled, repaired and operated in accordance with accepted industry standard practices, all Technical Data and any other instructions issued by the Seller, the Suppliers and the Propulsion Systems Manufacturer and all applicable rules, regulations and directives of the relevant Aviation Authorities. *** This information is subject to confidential treatment and has been omitted and filed separately with the Commission. CC – C 337.0045/07 Page 39/92 The Seller's liability under this Clause 12.1 shall not extend to normal wear and tear nor to:
(i) any Aircraft or component, equipment, accessory or part thereof, which has been repaired, altered or modified after Delivery, except by the Seller or in a manner approved by the Seller;
(ii) any Aircraft or component, equipment, accessory or part thereof, which has been operated in a damaged state;
(iii) any component, equipment, accessory and part from which the trademark, name, part or serial number or other identification marks have been removed.
Accepted Industry Standard Practices Normal Wear and Tear. The Buyer’s rights under this Clause 12.1 are subject to the Aircraft and each component, equipment, accessory and part thereof being maintained, overhauled, repaired and operated in accordance with accepted industry standard practices, all Technical Data and any other instructions issued by the Seller, the Suppliers and ***** Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission.
Accepted Industry Standard Practices Normal Wear and Tear. The Buyer’s rights under this Clause 12.1 are subject to the Aircraft and each component, equipment, accessory and part thereof being maintained, overhauled, repaired and operated in accordance with accepted industry standard practices, all Technical Data and any other instructions issued by the Seller, the Suppliers and the Propulsion Systems Manufacturer and all applicable rules, regulations and directives of the relevant Aviation Authorities. The Seller’s liability under this Clause 12.1 shall not extend to normal wear and tear nor to:
(i) any Aircraft or component, equipment, accessory or part thereof, which has been repaired, altered or modified after Delivery, except by the Seller or in a manner approved by the Seller; [***] Represents material which has been redacted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment pursuant to Rule 406 under the Securities Act of 1933, as amended CT1307579 (ii) any Aircraft or component, equipment, accessory or part thereof, which has been operated in a damaged state;
Accepted Industry Standard Practices Normal Wear and Tear. The Buyer’s rights under this Clause 12.1 are subject to the Aircraft and each component, equipment, accessory and part thereof being maintained, overhauled, repaired and operated in accordance with [***] the Suppliers and the Propulsion Systems Manufacturer and all applicable rules, regulations and directives of the relevant Aviation Authorities. The Seller’s liability under this Clause 12.1 shall not extend to normal wear and tear or to:
(i) any Aircraft or component, equipment, accessory or part thereof, which has been repaired, altered or modified after Delivery, (except [***] by the Seller or in a manner approved by the Seller);
(ii) any Aircraft or component, equipment, accessory or part thereof [***]
(iii) any component, equipment, accessory [***] part from which the trademark [***], [***] Represents material which has been redacted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment pursuant to Rule 406 under the Securities Act of 1933, as amended CT1307579 part or serial number or other identification marks have been removed.
Accepted Industry Standard Practices Normal Wear and Tear. The Buyer's rights under this Clause 12.1 are subject to the Aircraft and each component, equipment, accessory and part thereof being maintained, overhauled, repaired, and operated in accordance with accepted industry standard practices, all technical documentation and any other instructions issued by the Seller and the Suppliers and the Engine Manufacturer and all applicable rules, regulations and directives of relevant Aviation Authorities.
12.1.10.1 The Seller's liability under this Clause 12.1 shall not extend to normal wear and tear nor to:
(i) any Aircraft or component, equipment, accessory or part thereof which has been repaired, altered or modified after Delivery except by the Seller or in a manner approved by the Seller or the relevant Supplier;
(ii) any Aircraft or component, equipment, accessory or part thereof which has been * operated in a damaged state;
(iii) any component, equipment, accessory and part from which the trademark, name, part or serial number or other identification marks have been removed * * Clause 12 - 9/16
