Common use of Warranty Claim Requirements Clause in Contracts

Warranty Claim Requirements. Each Buyer's warranty claim ("WARRANTY CLAIM") shall be considered by the Seller only if the following conditions are first fulfilled: (i) the defect having become apparent within the Warranty Period; (ii) the Buyer having submitted to the Seller proof reasonably satisfactory to the Seller that the claimed defect is due to a matter embraced within this Clause 12.1, and that such defect has not resulted from any act or omission of the Buyer, including but not limited to, any failure to operate and maintain the affected Aircraft or part thereof in accordance with the standards set forth or any matter covered in Clause 12.1.10; (iii) the Buyer having returned as soon as practicable the Warranted Part claimed to be defective to the repair facilities as may be designated by the Seller, except when the Buyer elects to repair a defective Warranted Part in accordance with the provisions of Clause 12.1.7; (iv) the Seller having received a Warranty Claim as set forth in Clause 12.1.6.

Appears in 3 contracts

Samples: Purchase Agreement (China Eastern Airlines Corp LTD), Purchase Agreement (China Eastern Airlines Corp LTD), Purchase Agreement (Tam S.A.)

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Warranty Claim Requirements. Each Buyer's warranty claim ("WARRANTY CLAIM"“Warranty Claim”) shall be considered by the Seller only if the following conditions are first fulfilled: (i) the defect having become apparent within the Warranty PeriodPeriod ; (ii) the Buyer having submitted to the Seller proof reasonably satisfactory to the Seller that the claimed defect is due to a matter embraced within this Clause 12.1, and that such defect has not resulted from any act or omission of the Buyer, including but not limited to, any failure to operate and maintain the affected Aircraft or part thereof in accordance with the standards set forth or any matter covered in Clause 12.1.1012.1.10 ; (iii) the Buyer having returned as soon as practicable the Warranted Part claimed to be defective to the repair facilities as may be designated by the Seller, except when the Buyer elects to repair a defective Warranted Part in accordance with the provisions of Clause 12.1.7; (iv) the Seller having received a Warranty Claim as set forth in Clause 12.1.6.

Appears in 2 contracts

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

Warranty Claim Requirements. Each The Buyer's ’s warranty claim ("WARRANTY CLAIM"“Warranty Claim”) shall will be considered by the Seller only if the following conditions are first previously fulfilled: (i) the defect having must have become apparent within the Warranty Period; (ii) the Buyer having must have submitted to the Seller satisfactory proof reasonably satisfactory that the defect relating to the Seller that Warranty Claim falls within the claimed defect is due to a matter embraced within framework of this Clause Article 12.1, and that such defect has not resulted from any act or omission on the part of the Buyer, including but not limited to, Buyer such as any failure to operate and maintain the affected Aircraft or part thereof in accordance with the standards set forth or any matter covered and other conditions specified in Clause 12.1.10Article 12.1.10 below; (iii) the Buyer having returned must, as soon as practicable practicable, have returned the Warranted Part claimed to be defective to the repair facilities as may be designated by the Seller, except when unless the Buyer elects to repair a defective Warranted Part in accordance with the provisions of Clause Article 12.1.7; (iv) the Seller having must have received a Warranty Claim as set forth in Clause 12.1.6Article 12.1.6 below.

Appears in 2 contracts

Samples: Purchase Agreement (Air France /Fi), Purchase Agreement (Air France /Fi)

Warranty Claim Requirements. Each The Buyer's ’s warranty claim ("WARRANTY CLAIM") claims shall be considered by the Seller only if the following conditions are first fulfilled: (i) the defect having become apparent within the Warranty Periodapplicable warranty period as set forth in sub-Clause 12.1.3; (ii) the Buyer having submitted to the Seller proof reasonably satisfactory to the Seller that the claimed defect is due to a matter embraced within this sub-Clause 12.1, and that such defect has not resulted from any act or omission of the Buyer, including but not limited to, any failure to operate and maintain the affected Aircraft or part thereof in accordance with the standards set forth or any matter covered in sub-Clause 12.1.1012.1.10 ; (iii) the Buyer having returned as soon as practicable the Warranted Part claimed to be defective to the repair facilities as may be reasonably designated by the Seller, except when the Buyer elects to repair a defective Warranted Part in accordance with the provisions of sub-Clause 12.1.7; (iv) the Seller having received a Warranty Claim warranty claim as set forth in sub-Clause 12.1.612.1.6 hereafter.

Appears in 2 contracts

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

Warranty Claim Requirements. Each Buyer's ’s warranty claim ("WARRANTY CLAIM"“Warranty Claim”) shall be considered by the Seller only if the following conditions are first fulfilled: (i) the defect having become apparent within the Warranty Period; (ii) the Buyer having submitted to the Seller proof evidence reasonably satisfactory to the Seller that the claimed defect is due to a matter embraced set out within this Clause 12.1, and that such defect has not resulted from any act or omission of the Buyer, including but not limited to, any failure to operate and maintain the affected Aircraft or part thereof in accordance with the standards set forth or any matter covered in Clause 12.1.10; (iii) the Buyer having returned as soon as practicable the Warranted Part claimed to be defective to the repair facilities as may be designated by the Seller, except when the Buyer elects to repair a defective Warranted Part in accordance with the provisions of Clause 12.1.7; (iv) the Seller having received a Warranty Claim as set forth in Clause 12.1.6.

Appears in 1 contract

Samples: Aircraft Purchase Agreement (AerCap Holdings N.V.)

Warranty Claim Requirements. Each The Buyer's warranty claim ("WARRANTY CLAIM") shall be considered by ’s remedy and the Seller only if Seller’s obligation and liability under this Clause 12.1, with respect to each claimed defect, are subject to the following conditions are first fulfilledprecedent: (i) the defect having become becomes apparent within the Aircraft Warranty Period;, (ii) the Buyer having submitted submits to the Seller proof evidence reasonably satisfactory to the Seller that the claimed defect is due to a matter embraced within covered under the provisions of this Clause 12.1, and that such defect has did not resulted result from any act or omission of failure by the Buyer, including but not limited to, any failure Buyer [***] to operate and maintain the affected Aircraft or part thereof in accordance with the standards set forth or any matter covered in Clause 12.1.10;12.1.11, (iii) the Buyer having returned returns as soon as practicable the Warranted Part claimed to be defective to the repair facilities as may be designated by the SellerSeller [***], except when unless the Buyer elects to repair a defective Warranted Part in accordance with the provisions of Clause 12.1.7;12.1.8, (iv) the Seller having received receives a Warranty Claim as set forth in complying with the provisions of Clause 12.1.612.1.7(v) below.

Appears in 1 contract

Samples: Purchase Agreement (Flyi Inc)

Warranty Claim Requirements. Each Buyer's ’s warranty claim ("WARRANTY CLAIM"“Warranty Claim”) shall be considered by the Seller only if the following conditions are first fulfilled: (i) the defect having become apparent within the Warranty Period; (ii) the Buyer having submitted to the Seller proof reasonably satisfactory to the Seller that the claimed defect is due to a matter embraced within this Clause 12.1, and that such defect has not resulted from any act or omission of the Buyer, including but not limited to, any failure to operate and maintain the affected Aircraft or part thereof in accordance with the standards set forth or any matter covered in Clause 12.1.10; (iii) the Buyer having returned as soon as practicable the Warranted Part claimed to be defective to the repair facilities as may be designated by the Seller, except when the Buyer elects to repair a defective Warranted Part in accordance with the provisions of Clause 12.1.7; (iv) the Seller having received a Warranty Claim as set forth in Clause 12.1.6.

Appears in 1 contract

Samples: Purchase Agreement (Latam Airlines Group S.A.)

Warranty Claim Requirements. Each The Buyer's warranty claim ("WARRANTY CLAIM") claims shall be considered by the Seller only if the following conditions are first fulfilled: (i) the defect having become apparent within the Warranty Periodapplicable warranty period as set forth in sub-Clause 12.1.3; (ii) the Buyer having submitted to the Seller proof reasonably satisfactory to the Seller that the claimed defect is due to a matter embraced within this sub-Clause 12.1, and that such defect has not resulted from any act or omission of the Buyer, including but not limited to, any failure to operate and maintain the affected Aircraft or part thereof in accordance with the standards set forth or any matter covered in sub-Clause 12.1.10; (iii) the Buyer having returned as soon as practicable the Warranted Part claimed to be defective to the repair facilities as may be designated by the Seller, except when the Buyer elects to repair a defective Warranted Part in accordance with the provisions of sub-Clause 12.1.7; (iv) the Seller having received a Warranty Claim warranty claim as set forth in sub-Clause 12.1.612.1.

Appears in 1 contract

Samples: Purchase Agreement (Tam S.A.)

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Warranty Claim Requirements. Each Buyer's warranty claim by the Buyer ("WARRANTY CLAIMWarranty Claim") shall be considered by the Seller only if the following conditions are first fulfilled: (i) the defect having become apparent within the Warranty Period; (ii) the Buyer having submitted to the Seller proof reasonably satisfactory to the Seller that the claimed defect is due to a matter embraced within this Clause 12.1, and that such defect has not resulted from any act or omission of the Buyer, including but not limited to, any failure to operate and maintain the affected Aircraft or part thereof in accordance with the standards set forth or any matter covered in Clause 12.1.10; (iii) the Buyer having returned as soon as practicable the Warranted Part claimed to be defective to the repair facilities as may be designated by the Seller, except when the Buyer elects to repair a defective Warranted Part in accordance with the provisions of Clause 12.1.7; (iv) the Seller having received a Warranty Claim as set forth in Clause 12.1.6.

Appears in 1 contract

Samples: Purchase Agreement (Gatx Capital Corp)

Warranty Claim Requirements. Each Buyer's ’s warranty claim ("WARRANTY CLAIM"“Warranty Claim”) shall be considered by the Seller only if the following conditions are first fulfilled: (i) the defect having become apparent within the Warranty Period; (ii) the Buyer having submitted to the Seller proof evidence reasonably satisfactory to the Seller that the claimed defect is due to a matter embraced within this Clause 12.1, and that such defect has not resulted from any act or omission of the Buyer, including but not limited to, any failure to operate and maintain the affected Aircraft or part thereof in accordance with the standards set forth or any matter covered in Clause 12.1.10; (iii) the Buyer having returned as soon as practicable the Warranted Part claimed to be defective to the repair facilities as may be designated by the Seller, except when the Buyer elects to repair a [***] Confidential treatment requested by AerCap Holdings N.V. defective Warranted Part in accordance with the provisions of Clause 12.1.7; (iv) the Seller having received a Warranty Claim as set forth in Clause 12.1.6.

Appears in 1 contract

Samples: Aircraft Purchase Agreement (AerCap Holdings N.V.)

Warranty Claim Requirements. Each The Buyer's warranty claim ("WARRANTY CLAIM") shall be considered by remedy and the Seller only if Seller's obligation and liability under this Sub-condition 6.l, with respect to each claimed defect, are subject to the following conditions are first fulfilledprecedent: (i) the defect having become becomes apparent within the Warranty Period;, (ii) the Buyer having submitted submits to the Seller proof proof, reasonably satisfactory to the Seller Seller, that the claimed defect is due to a matter embraced within covered under the provisions of this Clause 12.1Sub-condition 6.1, and that such defect has not resulted from any act or omission of the Buyer, including but not limited to, any failure to operate and maintain the affected Aircraft or part thereof in accordance with the standards set forth in Sub-condition 6.8 or from any matter covered in Clause 12.1.10;act or omission of any third party maintaining or operating the Aircraft, (iii) the Buyer having returned returns, as soon as practicable practicable, the Warranted Part claimed to be defective to the repair facilities as may be designated by the Seller, except when unless the Buyer elects to repair a defective Warranted Part in accordance with the provisions of Clause 12.1.7;Sub-condition 6.1.7, (iv) the Seller having received receives a "Warranty Claim as set forth in Clause 12.1.6.Claim" complying with the provisions of Sub-condition 6.1.6 below. LA4-47

Appears in 1 contract

Samples: Purchase Agreement (Fedex Corp)

Warranty Claim Requirements. Each The Buyer's warranty claim ("WARRANTY CLAIM") shall be considered by ’s remedy and the Seller only if Seller’s obligation and liability under this Clause 12.1 with respect to each claimed defect are subject to the following conditions are first fulfilled:conditions: *** Confidential Treatment Requested (i) the defect having has become apparent within the Warranty Period;, (ii) the Buyer having has submitted to the Seller proof evidence reasonably satisfactory to the Seller that (i) the claimed defect is due to a matter embraced within covered under the provisions of this Clause 12.112, and (ii) that such defect has did not resulted result from any act or omission of the Buyer, including but not limited to, any failure to operate and maintain the affected Aircraft or part thereof in accordance with the standards set forth or any matter covered in Clause 12.1.1012.1.11 or from any act or omission of any third party; (iii) the Buyer having returned as soon as practicable returns the Warranted Part claimed to be defective to the repair facilities as may be designated by the SellerSeller as soon as practicable, except when unless the Buyer elects to repair a defective Warranted Part in accordance with the provisions of Clause 12.1.7;12.1.8; and (iv) the Seller having received Seller’s receives a Warranty Claim as set forth in complying with the provisions of Clause 12.1.612.1.7(v).

Appears in 1 contract

Samples: Purchase Agreement (Hawaiian Holdings Inc)

Warranty Claim Requirements. Each Buyer's Buyers warranty claim ("WARRANTY CLAIM"“Warranty Claim”) shall be considered by the Seller only if the following conditions are first fulfilled: (i) the defect having become apparent within the Warranty Period; (ii) the Buyer having submitted to the Seller proof reasonably satisfactory to the Seller that the claimed defect is due to a matter embraced within this Clause 12.1, and that such defect has not resulted from any act or omission of the Buyer, including but not limited to, any failure to operate and maintain the affected Aircraft or part thereof in accordance with the standards set forth or any matter covered in Clause 12.1.10; (iii) the Buyer having returned as soon as practicable the Warranted Part claimed to be defective to the repair facilities as may be reasonably designated by the Seller, except when the Buyer elects to repair a defective Warranted Part in accordance with the provisions of Clause 12.1.7; (iv) the Seller having received a Warranty Claim as set forth in Clause 12.1.6.

Appears in 1 contract

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

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