Conditions and Limitations. 3.4.1 The following general conditions and limitations shall apply to the SLP: a) the transportation cost for the return to BRAD's designated facility, if practicable, of any failed Covered Component necessary for failure investigation or redesigning studies shall be borne by BXXX but Buyer agrees to use reasonable efforts to ship the Covered Component on Buyer's aircraft to a scheduled destination closest to Canadair's designated facility at no cost to BXXX; b) BRAD's obligations under this SLP are conditional upon the submission of reasonable proof acceptable to BXXX that the failure is covered hereby; c) Buyer shall report any failure of a Covered Component in writing to BXXX`s Warranty administrator within two (2) months after such failure becomes evident * Failure to give this required notice shall excuse BXXX from all obligations with respect to such failure; d) the provisions of Annex B Article 1.9 of the Warranty (except for subparagraphs (d) and (e) thereof) are incorporated by this reference and shall condition BRAD's obligations under this SLP with respect to any Covered Component; e) BRAD's obligations under this SLP shall not apply to any Aircraft which has not been correctly modified in accordance with the specifications or instructions contained in the relevant Service Bulletins which are furnished to Buyer prior to receipt by BXXX from Buyer of any notice of an occurrence which constitutes a failure in a Covered Component, subject to Buyer having had reasonable time to i) obtain parts required for the installation of the Service Bulletin and ii) incorporate the Service Bulletin into the Aircraft. The provisions of this subparagraph shall not apply in the event that Buyer furnishes reasonable evidence acceptable to BXXX that such failure was not caused by Buyer's failure to so modify the Aircraft; f) this SLP shall not apply to a failure of a Covered Component if BXXX determines that such failure may not reasonably be expected to occur on a repetitive basis unless subsequently demonstrated to be; and g) this SLP shall not apply to a Covered Component where the failure results from an accident, abuse, misuse, degradation, except for normal wear and tear, negligence or wrongful act or omission, unauthorized repair or modification adversely affecting a Covered Component, impact or foreign object damage, to any Covered Component.
Appears in 2 contracts
Samples: Purchase Agreement (Atlantic Coast Airlines Inc), Purchase Agreement (Atlantic Coast Airlines Inc)
Conditions and Limitations. 3.4.1 The following general conditions and limitations shall apply to the SLP:
a) the transportation cost for the return to BRAD's designated facility, if practicable, of any failed Covered Component necessary for failure investigation or redesigning studies shall be borne by BXXX but Buyer agrees to use reasonable efforts to ship the Covered Component on Buyer's aircraft to a scheduled destination closest to Canadair's designated facility at no cost to BXXX;
b) BRAD's obligations under this SLP are conditional Conditional upon the submission of reasonable proof acceptable to BXXX XXXX that the failure is covered Covered hereby;
c) Buyer shall report any failure of a Covered Component in writing to BXXX`s BRAD's Warranty administrator within two (2) months after such failure becomes evident * evident. Failure to give this required notice shall excuse BXXX XXXX from all obligations with respect to such failure;
d) the provisions of Annex B Article 1.9 of the Warranty (except for subparagraphs (d) and (e) thereof) are incorporated by this reference and shall condition BRAD's obligations under this SLP with respect to any Covered Component;
e) BRAD's obligations under this SLP shall not apply to any Aircraft which has not been correctly modified in accordance with the specifications or instructions contained in the relevant Service Bulletins which are furnished to Buyer prior to receipt by BXXX XXXX from Buyer of any notice of an occurrence which constitutes a failure in a Covered Component, subject to Buyer having had reasonable time to i) obtain parts required for the installation of the Service Bulletin and ii) incorporate the Service Bulletin into the Aircraft. The provisions of this subparagraph shall not apply in the event that Buyer furnishes reasonable evidence acceptable to BXXX XXXX that such failure was not caused by Buyer's failure to so modify the Aircraft;
f) this SLP shall not apply to a failure of a Covered Component if BXXX XXXX determines that such failure may not reasonably be expected to occur on a fleetwide and repetitive basis unless subsequently demonstrated to bebasis; and
g) this SLP shall not apply to a Covered Component where the failure results from an accident, abuse, misuse, degradation, except for normal wear and tear, negligence or wrongful act or omission, unauthorized repair or modification adversely affecting a Covered Component, impact or foreign object damage, to any Covered Component.
Appears in 2 contracts
Samples: Purchase Agreement (Midway Airlines Corp), Purchase Agreement (Midway Airlines Corp)
Conditions and Limitations. 3.4.1 The following general conditions and limitations shall apply to the SLP:
: a) the transportation cost for the return to BRAD's designated facility, if practicable, of any failed Covered Component necessary for failure investigation or redesigning studies shall be borne by BXXX XXXX but Buyer agrees to use reasonable efforts to ship the Covered Component on Buyer's aircraft to a scheduled destination closest to Canadair's designated facility at no cost to BXXX;
XXXX; b) BRAD's obligations under this SLP are conditional upon the submission of reasonable proof acceptable to BXXX XXXX that the failure is covered hereby;
; c) Buyer shall report any failure of a Covered Component in writing to BXXX`s XXXX`s Warranty administrator within two (2) months after such failure becomes evident [ * ] Failure to give this required notice shall excuse BXXX XXXX from all obligations with respect to such failure;
; d) the provisions of Annex B Article 1.9 of the Warranty (except for subparagraphs (d) and (e) thereof) are incorporated by this reference and shall condition BRAD's obligations under this SLP with respect to any Covered Component;
; e) BRAD's obligations under this SLP shall not apply to any Aircraft which has not been correctly modified in accordance with the specifications or instructions contained in the relevant Service Bulletins which are furnished to Buyer prior to receipt by BXXX XXXX from Buyer of any notice of an occurrence which constitutes a failure in a Covered Component, subject to Buyer having had reasonable time to i) obtain parts required for the installation of the Service Bulletin and ii) incorporate the Service Bulletin into the Aircraft. The provisions of this subparagraph shall not apply in the event that Buyer furnishes reasonable evidence acceptable to BXXX XXXX that such failure was not caused by Buyer's failure to so modify the Aircraft;
; f) this SLP shall not apply to a failure of a Covered Component if BXXX XXXX determines that such failure may not reasonably be expected to occur on a repetitive basis unless subsequently demonstrated to be; and
and g) this SLP shall not apply to a Covered Component where the failure results from an accident, abuse, misuse, degradation, except for normal wear and tear, negligence or wrongful act or omission, unauthorized repair or modification adversely affecting a Covered Component, impact or foreign object damage, to any Covered Component.
Appears in 1 contract
Samples: Purchase Agreement (Atlantic Coast Airlines Holdings Inc)
Conditions and Limitations. 3.4.1 The following general conditions and limitations shall apply to the SLP:
(a) the transportation cost for the return to BRAD's Bombardier’s designated facility, if practicable, of any failed Covered Component necessary for failure investigation or redesigning studies shall be borne by BXXX but Buyer agrees to use reasonable efforts to ship the Covered Component on Buyer's aircraft to a scheduled destination closest to Canadair's designated facility at no cost to BXXX;
(b) BRAD's Bombardier’s obligations under this SLP are conditional upon the submission of reasonable proof acceptable to BXXX Bombardier that the failure is covered hereby;
(c) Buyer shall report any failure of a Covered Component in writing to BXXX`s Bombardier’s Warranty administrator within two (2) months after such failure becomes evident * evident. Failure to give this required notice shall excuse BXXX Bombardier from all obligations with respect to such failure;
(d) the provisions of Annex B Article Section 1.9 of the Warranty (except for subparagraphs (d) and (e) thereof) are incorporated by this reference and shall condition BRAD's Bombardier’s obligations under this SLP with respect to any Covered Component;
(e) BRAD's Bombardier’s obligations under this SLP shall not apply to any Aircraft which has not been correctly modified in accordance with the specifications or instructions contained in the relevant [***] Service Bulletins which are furnished to Buyer prior to receipt by BXXX Bombardier from Buyer of any notice of an occurrence which constitutes a failure in a Covered Component, subject to Buyer having had reasonable time to i) obtain parts required for the installation of the Service Bulletin and ii) incorporate the Service Bulletin into the Aircraft. The provisions of this subparagraph shall not apply in the event that Buyer furnishes reasonable evidence acceptable to BXXX Bombardier that such failure was not caused by Buyer's ’s failure to so modify the Aircraft;
f) this SLP shall not apply to a failure of a Covered Component if BXXX determines that such failure may not reasonably be expected to occur on a repetitive basis unless subsequently demonstrated to be; and
g) [***] [***]this SLP shall not apply to a Covered Component where the failure results from an accident, abuse, misuse, degradation, except for normal wear and tear, negligence or wrongful act or omission, unauthorized repair or modification [***] adversely affecting a Covered Component, impact or foreign object damage, to any Covered Component.
Appears in 1 contract
Conditions and Limitations. 3.4.1 The following general conditions and limitations shall apply to the SLP:
a) the transportation cost for the return to BRAD's designated facility, if practicable, of any failed Covered Component necessary for failure investigation or redesigning studies shall be borne by BXXX but Buyer agrees to use reasonable efforts to ship the Covered Component on Buyer's aircraft to a scheduled destination closest to Canadair's designated facility at no cost to BXXX;
b) BRAD's obligations under this SLP are conditional upon the submission of reasonable proof acceptable to BXXX that the failure is covered hereby;
c) Buyer shall report any failure of a Covered Component in writing to BXXX`s Warranty administrator within two (2) months after such failure becomes evident * . Failure to give this required notice shall excuse BXXX from all obligations with respect to such failure;
d) the provisions of Annex B Article 1.9 of the Warranty (except for subparagraphs (d) and (e) thereof) are incorporated by this reference and shall condition BRAD's obligations under this SLP with respect to any Covered Component;
e) BRAD's obligations under this SLP shall not apply to any Aircraft which has not been correctly modified in accordance with the specifications or instructions contained in the relevant Service Bulletins which are furnished to Buyer prior to receipt by BXXX from Buyer of any notice of an occurrence which constitutes a failure in a Covered Component, subject to Buyer having had reasonable time to i) obtain parts required for the installation of the Service Bulletin and ii) incorporate the Service Bulletin into the Aircraft. The provisions of this subparagraph shall not apply in the event that Buyer furnishes reasonable evidence acceptable to BXXX that such failure was not caused by Buyer's failure to so modify the Aircraft;
f) this SLP shall not apply to a failure of a Covered Component if BXXX determines that such failure may not reasonably be expected to occur on a repetitive basis unless subsequently demonstrated to be; and
g) this SLP shall not apply to a Covered Component where the failure results from an accident, abuse, misuse, degradation, except for normal wear and tear, negligence or wrongful act or omission, unauthorized repair or modification adversely affecting a Covered Component, impact or foreign object damage, to any Covered Component.
Appears in 1 contract
Conditions and Limitations. 3.4.1 The following general conditions and limitations shall apply to the SLP:
a) the transportation cost for the return to BRADBombardier's designated facility, if practicable, of any failed Covered Component necessary for failure investigation or redesigning studies shall be borne by BXXX but Buyer agrees to use reasonable efforts to ship the Covered Component on Buyer's aircraft to a scheduled destination closest to Canadair's designated facility at no cost to BXXXNorthwest;
b) BRADBombardier's obligations under this SLP are conditional upon the submission of reasonable proof acceptable to BXXX Bombardier that the failure is covered hereby;
c) Buyer Northwest shall report any failure of a Covered Component in writing to BXXX`s Warranty Bombardier's warranty administrator within two ninety (290) months days after such failure becomes evident * evident. Failure to give this required notice shall excuse BXXX Bombardier from all obligations with respect to such failure;
d) the provisions of Schedule III - Annex B Article 1.9 of the Warranty (except for subparagraphs (d) and (e) thereof) are incorporated by this reference and shall condition BRADBombardier's obligations under this SLP with respect to any Covered Component;
e) BRADBombardier's obligations under this SLP shall not apply to any Aircraft which has not been correctly modified in accordance with the specifications or instructions contained in the relevant Service Bulletins which are furnished to Buyer Northwest prior to receipt by BXXX Bombardier from Buyer Northwest of any notice of an occurrence which constitutes a failure in a Covered Component, subject to Buyer having had reasonable time to i) obtain parts required for the installation of the Service Bulletin and ii) incorporate the Service Bulletin into the Aircraft. The provisions of this subparagraph shall not apply in the event that Buyer Northwest furnishes reasonable evidence acceptable to BXXX Bombardier that such failure was not caused by BuyerNorthwest's failure to so modify the Aircraft;
f) this SLP shall not apply , or, if Northwest and Bombardier, acting reasonably, have jointly determined that there has been insufficient time to a failure of a Covered Component if BXXX determines that such failure may not reasonably be expected to occur on a repetitive basis unless subsequently demonstrated to beincorporate the Service Bulletin since its issue; and
gf) this SLP shall not apply to a Covered Component where the failure results from an accident, abuse, misuse, degradation, except for normal wear and tear, negligence or wrongful act or omission, unauthorized repair or modification adversely affecting a Purchase Agreement PA-0498 Northwest Airlines, Inc. [*] Confidential material omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment. 38 Covered Component, impact or foreign object damage, to any Covered Component.
Appears in 1 contract
Conditions and Limitations. 3.4.1 The following general conditions and limitations shall apply to the SLP:
a) the transportation cost for the return to BRAD's designated facility, if practicable, of any failed Covered Component necessary for failure investigation or redesigning studies shall be borne by BXXX but Buyer agrees to use reasonable efforts to ship the Covered Component on Buyer's aircraft to a scheduled destination closest to Canadair's designated facility at no cost to BXXX;
b) BRAD's obligations under this SLP are conditional upon the submission of reasonable proof acceptable to BXXX BRAD that the failure is covered hereby;
c) Buyer shall report any failure of a Covered Component in writing to BXXX`s BRAD`s Warranty administrator within two (2) months after such failure becomes evident * evident. Failure to give this required notice shall excuse BXXX BRAD from all obligations with respect to such failure;
d) the provisions of Annex B Article 1.9 of the Warranty (except for subparagraphs (d) and (e) thereof) are incorporated by this reference and shall condition BRAD's obligations under this SLP with respect to any Covered Component;
e) BRAD's obligations under this SLP shall not apply to any Aircraft which has not been correctly modified in accordance with the specifications or instructions contained in the relevant Service Bulletins which are furnished to Buyer prior to receipt by BXXX BRAD from Buyer of any notice of an occurrence which constitutes a failure in a Covered Component, subject to Buyer having had reasonable time to i) obtain parts required for the installation of the Service Bulletin and ii) incorporate the Service Bulletin into the Aircraft. The provisions of this subparagraph shall not apply in the event that Buyer furnishes reasonable evidence reasonably acceptable to BXXX BRAD that such failure was not caused by Buyer's failure to so modify the Aircraft;
f) this SLP shall not apply to a failure of a Covered Component if BXXX BRAD determines that such failure may not reasonably be expected to occur on a repetitive basis unless subsequently demonstrated to bebasis; and
g) this SLP shall not apply to a Covered Component where the failure results from an accident, abuse, misuse, degradation, except for normal wear and tear, negligence or wrongful act or omission, unauthorized repair or modification adversely affecting a Covered Component, impact or foreign object damage, to any Covered Component.
Appears in 1 contract
Conditions and Limitations. 3.4.1 The following general conditions and limitations shall apply to the SLP:
a) the transportation cost for the return to BRAD's Bombardier’s designated facility, if practicable, of any failed Covered Component necessary for failure investigation or redesigning studies shall be borne by BXXX but Buyer agrees to use reasonable efforts to ship the Covered Component on Buyer's aircraft to a scheduled destination closest to Canadair's designated facility at no cost to BXXXFrontier;
b) BRAD's Bombardier’s obligations under this SLP are conditional upon the submission of reasonable proof acceptable to BXXX Bombardier that the failure is covered hereby;
c) Buyer Frontier shall report any failure of a Covered Component in writing to BXXX`s Bombardier’s Warranty administrator within two (2) months after such failure becomes evident * evident. Failure to give this required notice shall excuse BXXX Bombardier from all obligations with respect to such failure;; Annex B to PA-581
d) the provisions of Annex B Article 1.9 of the Warranty (except for subparagraphs (d) and (e) thereof) are incorporated by this reference and shall condition BRAD's Bombardier’s obligations under this SLP with respect to any Covered Component;
e) BRAD's Bombardier’s obligations under this SLP shall not apply to any Aircraft which has not been correctly modified in accordance with the specifications or instructions contained in the relevant Service Bulletins which are furnished to Buyer Frontier prior to receipt by BXXX Bombardier from Buyer Frontier of any notice of an occurrence which constitutes a failure in a Covered Component, subject to Buyer having had reasonable time to i) obtain parts required for the installation of the Service Bulletin and ii) incorporate the Service Bulletin into the Aircraft. The provisions of this subparagraph shall not apply in the event that Buyer Frontier furnishes reasonable evidence acceptable to BXXX Bombardier that such failure was not caused by Buyer's Frontier’s failure to so modify the Aircraft;
f) this SLP shall not apply to a failure of a Covered Component if BXXX Bombardier determines that such failure may not reasonably be expected to occur on a fleet wide and repetitive basis unless subsequently demonstrated to be; andbasis;
g) this SLP shall not apply to a Covered Component where the failure results from an accident, abuse, misuse, degradation, except for normal wear and tear, negligence or wrongful act or omission, unauthorized repair or modification adversely affecting a Covered Component, impact or foreign object damage, to any Covered Component;
h) [***].
Appears in 1 contract
Samples: Purchase Agreement (Frontier Airlines Holdings, Inc.)
Conditions and Limitations. 3.4.1 The following general conditions and limitations shall apply to the SLP:
(a) the transportation cost for the return to BRAD's Bombardier’s designated facility, if practicable, of any failed Covered Component necessary for failure investigation or redesigning studies shall be borne by BXXX but Buyer agrees to use reasonable efforts to ship the Covered Component on Buyer's aircraft to a scheduled destination closest to Canadair's designated facility at no cost to BXXX;
(b) BRAD's Bombardier’s obligations under this SLP are conditional upon the submission of reasonable proof acceptable to BXXX Bombardier that the failure is covered hereby;
(c) Buyer shall report any failure of a Covered Component in writing to BXXX`s Bombardier’s Warranty administrator within two (2) months after such failure becomes evident * evident. Failure to give this required notice shall excuse BXXX Bombardier from all obligations with respect to such failure;
(d) the provisions of Annex B Article 1.9 of the Warranty (except for subparagraphs (d) and (e) thereof) are incorporated by this reference and shall condition BRAD's Bombardier’s obligations under this SLP with respect to any Covered Component;
(e) BRAD's Bombardier’s obligations under this SLP shall not apply to any Aircraft which has not been correctly maintained or modified in accordance with the specifications or instructions contained in the relevant Aircraft Maintenance manual, Structural Repair Manual and/or Service Bulletins which are furnished to Buyer prior to receipt by BXXX Bombardier from Buyer of any notice of an occurrence which constitutes a failure in a Covered Component, subject to Buyer having had reasonable time to i) obtain parts required for the installation of the Service Bulletin and ii) incorporate the Service Bulletin into the Aircraft. The provisions of this subparagraph shall not apply in the event that Buyer furnishes reasonable evidence acceptable to BXXX Bombardier that such failure was not caused by Buyer's ’s failure to so modify the Aircraft;
(f) this SLP shall not apply to a failure of a Covered Component if BXXX determines that such failure may not reasonably be expected to occur on a repetitive basis unless subsequently demonstrated to be; and
g) this SLP shall not apply to a Covered Component where the failure results from an accident, abuse, misuse, degradation, except for normal wear and tear, negligence or wrongful act or omission, unauthorized repair or modification adversely affecting a Covered Component, impact or foreign object damage, to any Covered Component.
Appears in 1 contract
Conditions and Limitations. 3.4.1 The following general conditions and limitations shall apply to the SLP:
(a) the transportation cost for the return to BRADBombardier's designated facility, if practicable, of any failed Covered Component necessary for failure -70- 71 investigation or redesigning studies shall be borne by BXXX but Buyer agrees to use reasonable efforts to ship the Covered Component on Buyer's aircraft to a scheduled destination closest to Canadair's designated facility at no cost to BXXX;
(b) BRADBombardier's obligations under this SLP are conditional upon the submission of reasonable proof acceptable to BXXX Bombardier that the failure is covered hereby;
(c) Buyer shall report any failure of a Covered Component in writing to BXXX`s Bombardier's Warranty administrator within two (2) months after such failure becomes evident * evident. Failure to give this required notice shall excuse BXXX Bombardier from all obligations with respect to such failure;
(d) the provisions of Annex B Article 1.9 of the Warranty (except for subparagraphs (d) and (e) thereof) are incorporated by this reference and shall condition BRADBombardier's obligations under this SLP with respect to any Covered Component;
(e) BRADBombardier's obligations under this SLP shall not apply to any an, Aircraft which has not been correctly modified in accordance with the specifications or instructions contained in the relevant Service Bulletins which are furnished to Buyer prior to receipt by BXXX Bombardier from Buyer of any notice of an occurrence which constitutes a failure in a Covered Component, subject to Buyer having had reasonable time to i) obtain parts required for the installation of the Service Bulletin and ii) incorporate the Service Bulletin into the Aircraft. The provisions of this subparagraph shall not apply in the event that Buyer furnishes reasonable evidence acceptable to BXXX Bombardier that such failure was not caused by Buyer's failure to so modify the Aircraft;
(f) this SLP shall not apply to a failure of a Covered Component if BXXX Bombardier determines that such failure may not reasonably be expected to occur on a fleetwide and repetitive basis unless subsequently demonstrated to bebasis; and
(g) this SLP shall not apply to a Covered Component where the failure results from an accident, abuse, misuse, degradation, except for normal wear and tear, negligence or wrongful act or omission, unauthorized repair or modification adversely affecting a Covered Component, impact or foreign object damage, to any Covered Component.
Appears in 1 contract
Conditions and Limitations. 3.4.1 The following general conditions and limitations shall apply to the SLP:
a) the transportation cost for the return to BRAD's Bombardier’s designated facility, if practicable, of any failed Covered Component Component, necessary for failure investigation or redesigning studies shall be borne by BXXX but Buyer agrees to use reasonable efforts to ship the Covered Component on Buyer's aircraft to a scheduled destination closest to Canadair's designated facility at no cost to BXXX;
b) BRAD's Bombardier’s obligations under this SLP are conditional upon the submission of reasonable proof acceptable to BXXX Bombardier that the failure is covered hereby;
c) Buyer shall [***] report any failure of a Covered Component in writing to BXXX`s Bombardier’s Warranty administrator within two (2) months [***] days after such failure becomes evident * Failure to give this required notice shall excuse BXXX from all obligations with respect to such failureevident;
d) the provisions of Annex B B-1 Article 1.9 of the Warranty (except for subparagraphs (d) and (e) thereof) are incorporated by this reference and shall condition BRAD's Bombardier’s obligations under this SLP with respect to any Covered Component;
e) BRAD's Bombardier’s obligations under this SLP shall not apply to any Aircraft which has not been correctly modified in accordance with the specifications or instructions contained in the relevant Service Bulletins which are furnished to Buyer prior to receipt by BXXX Bombardier from Buyer of any notice of an occurrence which constitutes a failure in a Covered Component, subject to Buyer having had reasonable time to i) obtain parts required for [***], however, the installation of the Service Bulletin and ii) incorporate the Service Bulletin into the Aircraft. The provisions of this subparagraph shall not only apply in the event that Buyer furnishes reasonable evidence acceptable to BXXX that such failure was not caused by Buyer's failure to so modify the Aircraft[***];
f) this SLP shall not apply to a failure of a Covered Component Component, if BXXX Bombardier determines that such failure may not reasonably be expected to occur on a fleet wide and repetitive basis unless subsequently demonstrated to bebasis; and
g) this SLP shall not apply to a Covered Component Component, where the failure results from an accident, abuse, misuse, degradation, except for normal wear and tear, negligence or wrongful act or omission, unauthorized repair or modification adversely affecting a Covered ComponentComponent , impact or foreign object damage, to any Covered Component.
Appears in 1 contract
Conditions and Limitations. 3.4.1 The following general -------------------------- conditions and limitations shall apply to the SLPPolicy:
a) the a. The transportation cost for the return to BRAD's designated facilityreturn, if practicablepracticable and requested by Seller, of any failed Covered Component necessary for failure investigation or redesigning studies shall be borne by BXXX but Buyer agrees Seller to use reasonable efforts to ship and from the Covered Component point on Buyer's aircraft to a scheduled destination airline route closest to CanadairSeller's designated facility Facility in Long Beach, California.
b. Any required disassembly and reassembly of the Aircraft or landing gear, removal of the failed Covered Component and reassembly and installation of the corrected or replacement Covered Component, shall be at no cost to BXXX;Buyer's expense.
b) BRADc. Seller's obligations under this SLP the Policy are conditional conditioned upon the submission of reasonable proof acceptable to BXXX Seller that the failure Failure is covered hereby;by the Policy.
c) d. Buyer shall must report any failure of a Covered Component Failure in writing to BXXX`s Seller's Warranty administrator Administrator within two (2) months after such failure any Failure becomes evident * evident, whether or not said Failure can reasonably be expected to occur in any other aircraft. Omission to give this required notice shall excuse BXXX Seller from all obligations with respect to such failure;Failure.
d) the e. The provisions of Annex B Article 1.9 paragraph 11.a., 11.b. and, 11.c. of the Warranty (except for subparagraphs (d) and (e) thereof) paragraph A. of Part I entitled Seller's Warranty, are incorporated by this reference and shall condition BRADSeller's obligations under this SLP the Policy with respect to any Covered Component;.
e) BRADf. Seller's obligations under this SLP the Policy shall not apply to any Aircraft or Covered Component which has not been correctly modified in accordance with the Seller's service bulletin specifications or instructions contained in the relevant Service Bulletins which are furnished by Seller to Buyer prior to receipt by BXXX Seller from Buyer of any notice of an occurrence which constitutes constitutes, or which at a failure later date is shown to constitute, a Failure in a Covered Component, subject to Buyer having had reasonable time to i) obtain parts required for the installation of the Service Bulletin and ii) incorporate the Service Bulletin into the Aircraft. The provisions of this subparagraph shall not apply in the event that Component unless Buyer furnishes reasonable evidence acceptable to BXXX that such failure Failure was not caused by Buyer's failure to so modify the Aircraft;Aircraft or Covered Component.
f) this SLP g. The Policy shall not apply to for a failure of a Covered Component Failure if BXXX Seller determines that such failure the Failure may not reasonably be expected to occur on a fleetwide or repetitive basis unless subsequently demonstrated to be; and
g) this SLP shall not apply to a Covered Component where the failure results from an accident, abuse, misuse, degradation, except for normal wear and tear, negligence or wrongful act or omission, unauthorized repair or modification adversely affecting a Covered Component, impact or foreign object damage, to any Covered Componentbasis.
Appears in 1 contract
Samples: Purchase Agreement (Trans World Airlines Inc /New/)
Conditions and Limitations. 3.4.1 The following general conditions and limitations shall apply to the SLP:
a) the transportation cost for the return to BRADBombardier's designated facility, if practicable, of any failed Covered Component necessary for failure investigation or redesigning studies shall be borne by BXXX Bombardier but Buyer agrees to use reasonable efforts to ship the Covered Component on Buyer's aircraft to a scheduled destination closest to Canadair's designated facility at no cost to BXXXBombardier;
b) BRADBombardier's obligations under this SLP are conditional upon the submission of reasonable proof acceptable to BXXX Bombardier that the failure is covered hereby;
c) Buyer shall report any failure of a Covered Component in writing to BXXX`s Bombardier`s Warranty administrator within two (2) months after such failure becomes evident * ----------------------- -- Failure to give this required notice shall excuse BXXX Bombardier from all obligations with respect to such failure;
d) the provisions of Annex B Article 1.9 of the Warranty (except for subparagraphs (d) and (e) thereof) are incorporated by this reference and shall condition BRADBombardier's obligations under this SLP with respect to any Covered Component;
e) BRADBombardier's obligations under this SLP shall not apply to any Aircraft which has not been correctly modified in accordance with the specifications or instructions contained in the relevant Service Bulletins which are furnished to Buyer prior to receipt by BXXX Bombardier from Buyer of any notice of an occurrence which constitutes a failure in a Covered Component, subject to Buyer having had reasonable time to i) obtain parts required for the installation of the Service Bulletin and ii) incorporate the Service Bulletin into the Aircraft. The provisions of this subparagraph shall not apply in the event that Buyer furnishes reasonable evidence acceptable to BXXX Bombardier that such failure was not caused by Buyer's failure to so modify the Aircraft;
f) this SLP shall not apply to a failure of a Covered Component if BXXX Bombardier determines that such failure may not reasonably be expected to occur on a repetitive basis unless subsequently demonstrated to be; and
g) this SLP shall not apply to a Covered Component where the failure results from an accident, abuse, misuse, degradation, except for normal wear and tear, negligence or wrongful act or omission, unauthorized repair or modification adversely affecting a Covered Component, impact or foreign object damage, to any Covered Component.
Appears in 1 contract
Samples: Purchase Agreement (Atlantic Coast Airlines Holdings Inc)