Common use of Warranty Claim Requirements Clause in Contracts

Warranty Claim Requirements. The Buyer's remedy and the Seller's obligation and liability under this Subclause 12.1, with respect to each claimed defect, are subject to the following conditions precedent: (i) the existence of a defect covered by the provisions of this Subclause 12.1, (ii) the defect's having become apparent within the applicable warranty period, as set forth in Subclause 12.1.3, (iii) the Buyer's having submitted to the Seller proof reasonably satisfactory to the Seller that the claimed defect is due to a matter embraced within this Subclause 12.1, and that such defect did not 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 or any matter set forth or covered in Subclause 12.1.10, (iv) the Buyer's having returned as soon as reasonably practicable the Warranted Part claimed to be defective to such repair facilities as may be designated by the Seller, except where the Buyer elects to repair a defective Warranted Part in accordance with the provisions of Subclause 12.1.7, and (v) the Seller's having received a Warranty Claim fulfilling the conditions of and in accordance with the provisions of Subclause 12.1.6 below.

Warranty Claim Requirements. The Buyer's remedy and the Seller's obligation and liability under this Subclause sub-clause 12.1, with respect to each claimed defect, are subject to the following conditions precedent: (i) the existence of a defect covered by the provisions of this Subclause sub-Clause 12.1,, C.I.T. Leasing Corporation A320 NEO Family Purchase Agreement July 2011 (ii) the defect's having become apparent within the applicable warranty period, as set forth in Subclause sub-Clause 12.1.3, (iii) the Buyer's having submitted to the Seller proof reasonably satisfactory to the Seller that the claimed defect is due to a matter embraced within this Subclause sub-Clause 12.1, and that such defect did not 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 or any matter set forth or covered in Subclause 12.1.10, (iv) the Buyer's having returned as soon as reasonably practicable the Warranted Part claimed to be defective to such repair facilities as may be designated by the Seller, except where the Buyer elects to repair a defective Warranted Part in accordance with the provisions of Subclause sub-Clause 12.1.7, and, (v) the Seller's having received a Warranty Claim fulfilling the conditions of and in accordance with the provisions of Subclause sub-Clause 12.1.6 below, and (vi) such defect did not 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 or any matter set forth or covered in sub-Clause 12.1.10.

Warranty Claim Requirements. The Buyer's remedy and the Seller's obligation and liability under this Subclause Sub-clause 12.1, with respect to each claimed defect, are subject to the following conditions precedent: (i) the existence of a defect covered by becomes apparent within the provisions of this Subclause 12.1,Warranty Period; (ii) the defect's having become apparent within the applicable warranty period, as set forth in Subclause 12.1.3, (iii) the Buyer's having submitted submits to the Seller proof reasonably satisfactory to the Seller that the claimed defect is due to a matter embraced within covered under the provisions of this Subclause Sub-clause 12.1, and that such defect did has not result 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 or any matter set forth in Sub-clause 12.1.10 or covered in Subclause 12.1.10,from any act or omission of any third party; (iviii) the Buyer's having returned Buyer returns, as soon as reasonably practicable practicable, the Warranted Part claimed to be defective to such the repair facilities as may be designated by the Seller, except where unless the Buyer elects to repair a defective Warranted Part in accordance with the provisions of Subclause Sub-clause 12.1.7, ; and (viv) the Seller's having received receives a "Warranty Claim fulfilling the conditions of and in accordance Claim" complying with the provisions of Subclause Sub-clause 12.1.6 below.

Warranty Claim Requirements. The Buyer's remedy and the Seller's obligation and liability under this Subclause sub-clause 12.1, with respect to each claimed defect, are subject to the following conditions precedent: (i) the existence of a defect covered by the provisions of this Subclause sub-Clause 12.1, (ii) the defect's having become apparent within the applicable warranty period, as set forth in Subclause sub-Clause 12.1.3, (iii) the Buyer's having submitted to the Seller proof reasonably satisfactory to the Seller that the claimed defect is due to a matter embraced within this Subclause sub-Clause 12.1, and that such defect did not 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 or any matter set forth or covered in Subclause 12.1.10, (iv) the Buyer's having returned as soon as reasonably practicable the Warranted Part claimed to be defective to such repair facilities as may be designated by the Seller, except where the Buyer elects to repair a defective Warranted Part in accordance with the provisions of Subclause sub-Clause 12.1.7, and, (v) the Seller's having received a Warranty Claim fulfilling the conditions of and in accordance with the provisions of Subclause sub-Clause 12.1.6 below, and (vi) such defect did not 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 or any matter set forth or covered in sub-Clause 12.1.10.

Warranty Claim Requirements. The Buyer's remedy and the Seller's obligation and liability under this Subclause Clause 12.1, with respect to each claimed defect, are subject to the following conditions precedent: (i) the existence of a defect covered by the provisions of this Subclause Clause 12.1, (ii) the Buyer's having submitted to the Seller proof reasonably satisfactory to the Seller of the existence of a defect covered by the provisions of this Clause 12.1, (iii) the defect's having become apparent within the applicable warranty period, as set forth in Subclause Clause 12.1.3, (iiiiv) the Buyerdefect's not having submitted to the Seller proof reasonably satisfactory to the Seller that the claimed defect is due to a matter embraced within this Subclause 12.1, and that such defect did not result 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 or any matter set forth or covered in Subclause Clause 12.1.10, (ivv) the Buyer's having returned as soon as reasonably practicable the Warranted Part claimed to be defective to such repair facilities as may be designated by the Seller, except where the Buyer elects to repair a defective Warranted Part in accordance with the provisions of Subclause Clause 12.1.7, and (vvi) the Seller's having received a Warranty Claim fulfilling the conditions of and in accordance with the provisions of Subclause Clause 12.1.6 below.

Warranty Claim Requirements. The Buyer's remedy and the Seller's obligation and liability under this Subclause 12.1, with respect to each claimed defect, are subject to the following conditions precedent: (i) the existence of a defect covered by the provisions of this Subclause 12.1, (ii) the defect's having become apparent within the applicable warranty period, as set forth in Subclause 12.1.3, (iii) the Buyer's having submitted to the Seller proof reasonably satisfactory to the Seller that the claimed defect is due to a matter embraced within this Subclause 12.1, and that such defect did not result from any act or omission failure of the BuyerBuyer to operate the Aircraft in accordance with the applicable approved data, including, but not limited to, any failure to operate and maintain the affected Aircraft or part thereof in accordance with the standards or any matter set forth or covered in Subclause 12.1.10, (iv) the Buyer's having returned as soon as reasonably practicable the Warranted Part claimed to be defective to such repair facilities in the United States as may be designated by the Seller, except where the Buyer elects to repair a defective Warranted Part in accordance with the provisions of Subclause 12.1.7, and (v) the Seller's having received a Warranty Claim fulfilling the conditions of and in accordance with the provisions of Subclause 12.1.6 below.

Warranty Claim Requirements. The Buyer's ’s remedy and the Seller's ’s obligation and liability under this Subclause Clause 12.1, with respect to each claimed defect, are subject to the following conditions precedent: (i) the existence of a defect covered by the provisions of this Subclause Clause 12.1, (ii) the defect's having become defect becomes apparent within the applicable warranty periodWarranty Period, as set forth in Subclause 12.1.3,** (iii) the Buyer's having submitted Buyer 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 Subclause 12.1, and Clause 12. **the Buyer will submit additional information as deemed necessary by the Seller to make a determination that such defect did not result from any act or omission of the Buyer, including, including but not limited to, any failure to operate and maintain the affected Aircraft or part thereof in accordance with the standards or any matter set forth in Clause 12.1.11 or covered in Subclause 12.1.10from any act or omission of any third party, (iv) the Buyer's having returned Buyer returns as soon as reasonably practicable the Warranted Part claimed to be defective to such the repair facilities as may be designated by the Seller, except where unless the Buyer elects elect to repair a defective Warranted Part in accordance with the provisions of Subclause 12.1.7, andClause 12.1.8, (v) the Seller's having received Seller receives a “Warranty Claim fulfilling the conditions of and in accordance Claim” complying with the provisions of Subclause 12.1.6 belowClause 12.1.7(v).