Common use of Good Airline Operation - Normal Wear and Tear Clause in Contracts

Good Airline Operation - Normal Wear and Tear. The Buyer’s rights under this sub-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 good commercial airline practice, all technical documentation and any other instructions issued by the Seller and the Vendors and the Manufacturer of the Propulsion Systems and all applicable rules, regulations and directives of relevant Aviation Authorities. The Seller’s liability under this sub-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 known damaged state; (iii) any component, equipment, accessory and part from which the trade xxxx, 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 contributed to by any one or more of the said causes.

Appears in 2 contracts

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

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Good Airline Operation - Normal Wear and Tear. The Buyer’s 's rights under this sub-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 good commercial airline practice, all technical documentation and any other instructions issued by the Seller and the Vendors and the Manufacturer of the Propulsion Systems and all applicable rules, regulations and directives of relevant Aviation Authorities. The Seller’s 's liability under this sub-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 known damaged state; (iii) any component, equipment, accessory and part from which the trade xxxxmxxx, 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 contributed to by any one or more of the said causes.

Appears in 1 contract

Samples: Purchase Agreement (Tam S.A.)

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Good Airline Operation - Normal Wear and Tear. The Buyer’s rights under this sub-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 good commercial airline practice, all technical documentation and any other instructions issued by the Seller and Seller, the Vendors and Suppliers or the Manufacturer manufacturer of the Propulsion Systems and all applicable rules, regulations and directives of the relevant Aviation Authorities. The Seller’s liability under this sub-Clause 12.1 shall will not extend to normal wear and tear nor or to: (i) any Aircraft or component, equipment, accessory or part thereof which that has been repaired, altered or modified after delivery except by the Seller or Delivery in a manner other than that approved by the Seller; (ii) any Aircraft or component, equipment, accessory or part thereof which that has been operated in what the Buyer or its Operator knew, or in the exercise of due care, should have known, was in a known damaged state;; or (iii) any component, equipment, accessory and or part from which the trademark, trade xxxx, name, part or serial number or other identification marks have been removed; unless . except that if, in any such each case (except other than in the case respect of (iii) above) the Buyer or its Operator submits reasonable evidence reasonably acceptable to the Seller that the defect for which warranty coverage is sought did not arise from as a result of, or was not contributed to by any one or more of the said materially worsened by, such causes.

Appears in 1 contract

Samples: Purchase Agreement (Intrepid Aviation LTD)

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