Common use of Accepted Industry Standard Practices Normal Wear and Tear Clause in Contracts

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, repaired and operated in accordance with accepted industry standard practices, all technical documentation Technical Data and any other instructions issued by the Seller and Seller, the Suppliers and the Propulsion Systems System Manufacturer and all applicable rules, regulations and directives of the relevant Aviation Authorities. 12.1.10.1 . The Seller’s liability under this Clause 12.1 shall will not extend to normal wear and tear nor to: (i) any Aircraft or component, equipment, accessory or part thereof thereof, which has been repaired, altered or modified after Delivery Delivery, except by the Seller or in a manner approved by the Seller; (ii) any Aircraft or component, equipment, accessory or part thereof thereof, which has been knowingly operated in a damaged state (unless of which the continuation Buyer was, or should, in the exercise of such operation was unavoidable)the care and diligence required of a common carrier, to have been, aware; or; (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 . This waiver of the Seller’s liability by the Buyer will not apply in the case cases of (iiiClause 12.1.10(i) aboveand Clause 12.1.10(ii) above if the Buyer submits reasonable evidence satisfactory to the Seller that the defect did not arise from or nor was not attributable contributed to any one or more by either of such causessaid cases.

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)state; (iii) any component, equipment, accessory and part from which the trademark, name, part or serial number or other identification marks have been removed; Unless 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 nor was not attributable contributed to by any one or more of such the said 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 accepted industry standard practices, all technical documentation and any other instructions issued by the Seller and the Suppliers and the Propulsion Systems 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 SellerSeller or the relevant Supplier; (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)state; (iii) any component, equipment, accessory and part from which the trademark, name, part or serial number or other identification marks have been removedremoved deliberately; Unless 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 contributed to by any one or more of such the said causes. A320 / A330 – TAM – 11/2006 “[* * *]” This information is subject to confidential treatment and has been omitted and filed separately with the commission.

Accepted Industry Standard Practices Normal Wear and Tear. The Buyer’s '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 '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)state; (iii) any component, equipment, accessory and part from which the trademark, name, part or serial number or other identification marks have been removedremoved intentionally; Unless 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 contributed by any one or more of such the said causes.

Accepted Industry Standard Practices Normal Wear and Tear. The Buyer’s '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 '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 of which the continuation Buyer acting reasonably should have been aware; this requirement will not be applicable if the condition becomes known during a flight and the operation continued for reasons of such operation was unavoidable)airworthiness or flight safety; (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.;