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 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

Appears in 3 contracts

Samples: Purchase Agreement (Avianca Holdings S.A.), Purchase Agreement (Avianca Holdings S.A.), Purchase Agreement (Avianca Holdings S.A.)

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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.

Appears in 2 contracts

Samples: Purchase Agreement (Avianca Holdings S.A.), Purchase Agreement (Avianca Holdings S.A.)

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