Common use of Nature of Warranty Clause in Contracts

Nature of Warranty. Subject to the conditions and limitations as hereinafter provided for and except as provided for in Clause 12.1.2, the Seller warrants to the Buyer that each Aircraft and all Warranted Parts as defined hereinafter shall at Delivery to the Buyer: (i) be free from defects in material; (ii) be free from defects in workmanship, including without limitation processes of manufacture; (iii) be free from defects in design (including without limitation the selection of materials) having regard to the state of the art at the date of such design; and (iv) be free from defects arising from failure to conform to the Specification, except to those portions of the Specification relating to performance or where it is expressly stated that they are estimates, approximations or design aims.

Appears in 5 contracts

Samples: Aircraft Purchase Agreement (AerCap Holdings N.V.), Aircraft Purchase Agreement (AerCap Holdings N.V.), Purchase Agreement (Gatx Capital Corp)

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Nature of Warranty. Subject to the conditions and limitations as hereinafter provided for and except as provided for in sub-Clause 12.1.2, the Seller warrants to the Buyer that each Aircraft and all Warranted Parts as defined hereinafter shall at Delivery the time of delivery to the Buyer: (i) be new and free from defects in material; (ii) be free from defects in workmanship, including without limitation processes of manufacture; (iii) be free from defects in design (including without limitation the selection of materials) having regard to the state of the art at the date of such design; and (iv) be free from defects arising from failure to conform to the Specification, except to those portions of the Specification relating to performance or where it is expressly stated that they are estimates, approximations or design aims; (v) conform to the Customized Specifications as the same may be amended pursuant hereto.

Appears in 2 contracts

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

Nature of Warranty. Subject to the conditions and limitations as hereinafter provided for and except as provided for in Clause 12.1.2, the Seller warrants to the Buyer that each Aircraft and all Warranted Parts as defined hereinafter shall at Delivery to the Buyer: (i) be free from defects in materialmaterial ; (ii) be free from defects in workmanship, including without limitation processes of manufacturemanufacture ; (iii) be free from defects in design (including without limitation the selection of materials) having regard to the state of the art at the date of such designdesign ; and (iv) be free from defects arising from failure to conform to the Specification, except to those portions of the Specification relating to performance or where it is expressly stated that they are estimates, approximations or design aims.

Appears in 2 contracts

Samples: A319/A320 Purchase Agreement (China Southern Airlines Co LTD), A319/A320 Purchase Agreement (China Southern Airlines Co LTD)

Nature of Warranty. Subject to the limitations and conditions and limitations as hereinafter provided for provided, and except as provided for in Clause Subclause 12.1.2, the Seller warrants to the Buyer that each Aircraft and all each Warranted Parts as defined hereinafter shall Part will at Delivery the time of delivery to the Buyer: (i) be free from defects in material;, (ii) be free from defects in workmanship, including including, without limitation limitation, processes of manufacture;, (iii) be free from defects in design (including including, without limitation the limitation, selection of materials) having regard to the state of the art at the date of such design; , and (iv) be free from defects arising from failure to conform to the Specification, except as to those portions of the Specification relating to performance or where it is expressly stated that they such portions of the Specification are estimates, estimates or approximations or design aims.

Appears in 2 contracts

Samples: Purchase Agreement (Northwest Airlines Corp), Purchase Agreement (Northwest Airlines Corp)

Nature of Warranty. Subject to the conditions and limitations as hereinafter provided for and except as provided for in sub-Clause 12.1.2, the Seller warrants to the Buyer that each Aircraft and all Warranted Parts as defined hereinafter shall at Delivery the time of delivery to the Buyer: (i) be free from defects in material; (ii) be free from defects in workmanship, including without limitation processes of manufacture; (iii) be free from defects in design (including without limitation the selection of materials) having regard to the state of the art at the date of such design; and (iv) be free from defects arising from failure to conform to the Specification, except to those portions of the Specification relating to performance or where it is expressly stated that they are estimates, approximations or design aims.

Appears in 1 contract

Samples: Purchase Agreement (Tam S.A.)

Nature of Warranty. Subject to the limitations and conditions and limitations as hereinafter provided for provided, and except as provided for in Clause Subclause 12.1.2, the Seller warrants to the Buyer that each Aircraft and all each Warranted Parts Part (as defined hereinafter hereinafter) shall at Delivery the time of delivery to the Buyer: (i) be free from defects in material;, (ii) be free from defects in workmanship, including including, without limitation limitation, processes of manufacture;, (iii) be free from defects in design (including including, without limitation the limitation, selection of materials) having regard to the state of the art at the date of such design; , and (iv) be free from defects arising from failure to conform to the Specification, except as to those portions of the Specification relating to performance or where it is that are expressly stated that they are estimates, in the Specification to be estimates or approximations or design aims (unless there is material failure to conform to such estimates or approximations or design aims).

Appears in 1 contract

Samples: Purchase Agreement (Midway Airlines Corp)

Nature of Warranty. Subject to the conditions and limitations as hereinafter provided for and except as provided for in Clause 12.1.2, the Seller warrants to the Buyer that each Aircraft and all Warranted Parts as defined hereinafter shall at Delivery to the Buyer: (i) be free from defects in materialmaterial ; (ii) be free from defects in workmanship, including without limitation processes of manufacturemanufacture ; (iii) be free from defects in design (including without limitation the selection of materials) having regard to the state of the art [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] at the date of such design; and (iv) be free from defects arising from failure to conform to the Specification, except to those portions of the Specification relating to performance or where it is expressly stated that they are estimates, approximations or design aims.

Appears in 1 contract

Samples: Purchase Agreement (KLM Royal Dutch Airlines)

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Nature of Warranty. Subject to the conditions and limitations as hereinafter provided for and except as provided for in Clause 12.1.2, the Seller warrants to the Buyer that each Aircraft and all Warranted Parts as defined hereinafter shall at Delivery to the Buyer: (i) be free from defects in material; (ii) be free from defects in workmanship, including without limitation processes of manufacture; (iii) be free from defects in design (including without limitation the selection of materials) having regard to the state of the art at the date of such design; anddesign * (iv) be free from defects arising from failure to conform to the Specification, except to those portions of the Specification relating to performance or where it is expressly stated that they are estimates, approximations or design aims.

Appears in 1 contract

Samples: Purchase Agreement (Tam S.A.)

Nature of Warranty. Subject to the limitations and conditions and limitations as hereinafter provided for provided, and except as provided for in Clause Subclause 12.1.2, the Seller warrants to the Buyer that each Aircraft and all each Warranted Parts as defined hereinafter Part shall at Delivery the time of delivery to the Buyer: (i) be free from defects in material;, (ii) be free from defects in workmanship, including including, without limitation limitation, processes of manufacture;, (iii) be free from defects in design (including including, without limitation the limitation, selection of materials) having regard to the state of the art at the date of such design; , and (iv) be free from defects arising from failure to conform to the Specification, except as to those portions of the Specification relating to performance or where it is expressly stated that they such portions of the Specification are estimates, estimates or approximations or design aims.

Appears in 1 contract

Samples: Purchase Agreement (Northwest Airlines Corp)

Nature of Warranty. Subject to the conditions and limitations as hereinafter provided for and except as provided for in Clause 12.1.2, the Seller warrants to the Buyer that each Aircraft and all Warranted Parts as defined hereinafter shall at Delivery to the Buyer: (i) be free from defects in material; (ii) be free from defects in workmanship, including without limitation processes of manufacture; (iii) be free from defects in design (including without limitation the selection of materials) having regard to the state of the art at the date of such design; and; (iv) be free from defects arising from failure to conform to the Specification, except to those portions of the Specification relating to performance or where it is expressly stated that they are estimates, approximations or design aims; and (v) conform to the Customized Specifications as the same may be amended pursuant hereto.

Appears in 1 contract

Samples: Purchase Agreement (Controladora Vuela Compania De Aviacion, S.A.B. De C.V.)

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