Warranty and Notice Periods. The Lessee’s remedy and the Lessor’s obligation and liability under this Article 3.1.3, with respect to each defect, are conditional upon: (i) the defect having become apparent to the Lessee within the Lease Period; and (ii) the Lessee returning as soon as practicable to the return location specified in the applicable Lease, or such other place as may be mutually agreed upon, the Leased Part claimed to be defective; and (iii) the Lessor having received written notice of the defect from the Lessee within [*] after the defect became apparent to the Lessee, with reasonable proof that the claimed defect is due to a matter embraced within the Lessor’s warranty under this Article 3.1.3 and that such defect did not result from any act or omission of the Lessee, including but not limited to any failure to operate or maintain the Leased Part claimed to be defective or the Aircraft in which it was installed in accordance with applicable Aviation Authority requirements and the Lessor’s applicable written instructions.
Appears in 3 contracts
Samples: Purchase Agreement (Avianca Holdings S.A.), Purchase Agreement (Avianca Holdings S.A.), Purchase Agreement (Avianca Holdings S.A.)
Warranty and Notice Periods. The Lessee’s 's remedy and the Lessor’s 's obligation and liability under this Article 3.1.33.1.4, with respect to each defect, are conditional upon:
(i) the defect having become apparent to the Lessee within the Lease Period; and
(ii) the Lessee returning as soon as practicable *** to the return location specified in the applicable Lease, or such other place as may be mutually agreed upon, the Leased Part claimed to be defective; and
(iii) the Lessor having received written notice of the defect from the Lessee within [*] after the defect became apparent ** to the Lessee, with reasonable proof that the claimed defect is due to a matter embraced within the Lessor’s 's warranty under this Article 3.1.3 3.1.4 and that such defect did not result from any act or omission of the Lessee, including but not limited to any failure to operate or maintain the Leased Part claimed to be defective or the Aircraft in which it was installed in accordance with applicable Aviation Authority requirements and the Lessor’s 's applicable written instructions.
Appears in 2 contracts
Samples: Purchase Agreement (China Southern Airlines Co LTD), Purchase Agreement (China Southern Airlines Co LTD)
Warranty and Notice Periods. The Lessee’s 's remedy and the Lessor’s 's obligation and liability under this Article 3.1.3, with respect to each defect, are conditional upon:
(i) the defect having become apparent to the Lessee within the Lease Period; and
(ii) the Lessee returning as soon as practicable to the return location specified in the applicable Lease, or such other place as may be mutually agreed upon, the Leased Part claimed to be defective; and
(iii) the Lessor having received written notice of the defect from the Lessee within [*] thirty (30) days after the defect became apparent to the Lessee, with reasonable proof that the claimed defect is due to a matter embraced within the Lessor’s 's warranty under this Article 3.1.3 and that such defect did not result from any act or omission of the Lessee, including but not limited to any failure to operate or maintain the Leased Part claimed to be defective or the Aircraft in which it was installed in accordance with applicable Aviation Authority requirements and the Lessor’s 's applicable written instructions.
Appears in 1 contract
Samples: Aircraft General Terms Agreement (China Southern Airlines Co LTD)