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 Clause 12.1 with respect to each claimed defect are subject to the following conditions: (i) the defect has becomes apparent within the Warranty Period, (ii) the Buyer has filed a Warranty Claim *** of a defect becoming apparent, except where the Seller has issued a Service Bulletin intended to provide a Remedy for such a defect, in which case the Warranty Claim must be filed no later than *** following embodiment of the Seller Service Bulletin in the Aircraft; (iii) the Buyer has submitted to the Seller evidence reasonably satisfactory to the Seller that (i) the claimed defect is due to a matter covered under the provisions of this Clause 12, and (ii) that such defect did not result from any act or omission of the Buyer (except when such act or omission is in accordance with the Seller’s instructions), 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 Clause 12.1.11 or from any act or omission of any third party; (iv) the Buyer returns the Warranted Part claimed to be defective to the repair facilities designated by the Seller as soon as practicable, unless the Buyer elects to repair a defective Warranted Part in accordance with the provisions of Clause 12.1.8; and CT1706024 – Amended and Restated A350-900 Purchase Agreement – execution version AIRBUS S.A.S. & UNITED AIRLINES, INC. – PROPRIETARY AND CONFIDENTIAL LA13-4 (v) the Seller’s receives a Warranty Claim complying with the provisions of Clause 12.1.7(v).

Appears in 1 contract

Samples: A350 900 Purchase Agreement (United Airlines, Inc.)

AutoNDA by SimpleDocs

Warranty Claim Requirements. The Each Buyer’s remedy and 's warranty claim ("WARRANTY CLAIM") shall be considered by the Seller’s obligation and liability under this Clause 12.1 with respect to each claimed defect are subject to Seller only if the following conditions: conditions are first fulfilled: (i) the defect has becomes having become apparent within the Warranty Period, Period ; (ii) the Buyer has filed a Warranty Claim *** of a defect becoming apparent, except where the Seller has issued a Service Bulletin intended to provide a Remedy for such a defect, in which case the Warranty Claim must be filed no later than *** following embodiment of the Seller Service Bulletin in the Aircraft; (iii) the Buyer has having submitted to the Seller evidence proof reasonably satisfactory to the Seller that (i) the claimed defect is due to a matter covered under the provisions of embraced within this Clause 1212.1, and (ii) that such defect did has not result resulted from any act or omission of the Buyer (except when such act or omission is in accordance with the Seller’s instructions)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 12.1.11 or from any act or omission of any third party; 12.1.10 ; (iviii) the Buyer returns having either reviewed the Warranted Part with the Seller's Representative, or returned as soon as practicable the Warranted Part claimed to be defective to the repair facilities as may be designated by the Seller as soon as practicableSeller, unless except when the Buyer elects to repair a defective Warranted Part in accordance with the provisions of Clause 12.1.8; and CT1706024 – Amended and Restated A350-900 Purchase Agreement – execution version AIRBUS S.A.S. & UNITED AIRLINES, INC12.1.7. – PROPRIETARY [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL LA13-4 TREATMENT] (viv) the Seller’s receives Seller having received a Warranty Claim complying with the provisions of as set forth in Clause 12.1.7(v)12.1.6.

Appears in 1 contract

Samples: Purchase Agreement (KLM Royal Dutch Airlines)

Warranty Claim Requirements. The Buyer’s remedy and the Seller’s obligation and liability under this Clause 12.1 with respect to each claimed defect are subject to the following conditions: : (i) the defect has becomes apparent within the Warranty Period, , (ii) the Buyer has filed a Warranty Claim *** of a defect becoming apparent, except where the Seller has issued a Service Bulletin intended to provide a Remedy remedy for such a defect, in which case the Warranty Claim must be filed no later than *** following embodiment of the Seller Service Bulletin in the Aircraft; ; (iii) the Buyer has submitted to the Seller evidence reasonably satisfactory to the Seller that (i) the claimed defect is due to a matter covered under the provisions of this Clause 12, and (ii) that such defect did not result from any act or omission of the Buyer (except when such act or omission is in accordance with the Seller’s instructions)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 Clause 12.1.11 or from any act or omission of any third party; ; (iv) the Buyer returns the Warranted Part claimed to be defective to the repair facilities designated by the Seller as soon as practicable, unless the Buyer elects to repair a defective Warranted Part in accordance with the provisions of Clause 12.1.8; and CT1706024 – Amended and Restated A350-900 Purchase Agreement – execution version AIRBUS S.A.S. & UNITED AIRLINES, INC. – PROPRIETARY AND CONFIDENTIAL LA13-4 and (v) the Seller’s receives a Warranty Claim complying with the provisions of Clause 12.1.7(v).

Appears in 1 contract

Samples: A350 900 Purchase Agreement (United Airlines, Inc.)

Warranty Claim Requirements. The Buyer’s remedy and the Seller’s obligation and liability under this Clause 12.1 Subclause 12.1, with respect to each claimed defect defect, are subject to the following conditions: conditions precedent: (i) the existence of a defect has becomes apparent within covered by the Warranty Period, provisions of this Subclause 12.1, (ii) the Buyer has filed a Warranty Claim *** of a defect becoming apparentdefect’s having become apparent within the applicable warranty period, except where the Seller has issued a Service Bulletin intended to provide a Remedy for such a defect, as set forth in which case the Warranty Claim must be filed no later than *** following embodiment of the Seller Service Bulletin in the Aircraft; Subclause 12.1.3, (iii) the Buyer has Buyer’s having submitted to the Seller evidence proof reasonably satisfactory to the Seller that (i) the claimed defect is due to a matter covered under the provisions of embraced within this Clause 12Subclause 12.1, and (ii) CT1707017 PA A321 NEO EXECUTION [***] Confidential portion omitted and filed separately with the Commission Pursuant to a Request for Confidential Treatment. that such defect did not result from any act or omission of the Buyer (except when such act or omission is in accordance with the Seller’s instructions)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 or covered in Clause 12.1.11 or from any act or omission of any third party; Subclause 12.1.10, (iv) the Buyer returns Buyer’s having returned as soon as reasonably practicable the Warranted Part claimed to be defective to the such repair facilities as may be designated by the Seller as soon as practicableSeller, unless except where the Buyer elects to repair a defective Warranted Part in accordance with the provisions of Clause 12.1.8; and CT1706024 – Amended and Restated A350-900 Purchase Agreement – execution version AIRBUS S.A.S. & UNITED AIRLINESSubclause 12.1.7, INC. – PROPRIETARY AND CONFIDENTIAL LA13-4 and (v) the Seller’s receives having received a Warranty Claim complying fulfilling the conditions of and in accordance with the provisions of Clause 12.1.7(v)Subclause 12.1.6 below.

Appears in 1 contract

Samples: Purchase Agreement (Delta Air Lines Inc /De/)

Warranty Claim Requirements. The Buyer’s remedy and the Seller’s obligation and liability under this Clause 12.1 with respect to each claimed defect are subject to the following conditions: : (i) the defect has becomes apparent within the Warranty Period, , (ii) the Buyer has filed a Warranty Claim *** within ninety (90) days of a defect becoming apparent, except where the Seller has issued a Service Bulletin intended to provide a Remedy for such a defect, in which case the Warranty Claim must be filed no later than *** following embodiment of the Seller Service Bulletin in the Aircraft; ; (iii) the Buyer has submitted to the Seller evidence reasonably satisfactory to the Seller that (i) the claimed defect is due to a matter covered under the provisions of this Clause 12, and (ii) that such defect did not result from any act or omission of the Buyer (except when such act or omission is in accordance with the Seller’s instructions)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 Clause 12.1.11 or from any act or omission of any third party; ; (iv) the Buyer returns the Warranted Part claimed to be defective to the repair facilities designated by the Seller as soon as reasonably practicable, unless the Buyer elects to repair a defective Warranted Part in accordance with the provisions of Clause 12.1.8; and CT1706024 – Amended and Restated A350-900 Purchase Agreement – execution version AIRBUS S.A.S. & UNITED AIRLINES, INC. – PROPRIETARY AND CONFIDENTIAL LA13-4 and (v) the Seller’s receives a Warranty Claim complying with the provisions of Clause 12.1.7(v). INTREPID – A330-200F PA - Execution Version – 05/2007 34/134 CONFIDENTIAL AND PROPRIETARY INFORMATION ***** Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission.

Appears in 1 contract

Samples: Purchase Agreement (Intrepid Aviation LTD)

AutoNDA by SimpleDocs

Warranty Claim Requirements. The Buyer’s remedy and the Seller’s obligation and liability under this Clause 12.1 12.1, with respect to each claimed defect defect, are subject to the following conditions: conditions precedent: (i) the existence of a defect has covered by the provisions of this Clause 12.1, (ii) the defect becomes apparent within the Warranty Period, (ii) the Buyer has filed a Warranty Claim *** of a defect becoming apparent, except where the Seller has issued a Service Bulletin intended to provide a Remedy for such a defect, in which case the Warranty Claim must be filed no later than *** following embodiment of the Seller Service Bulletin in the Aircraft; (iii) the Buyer has submitted submits to the Seller evidence reasonably satisfactory to the Seller that (i) the claimed defect is due to a matter covered under the provisions of this Clause 12, and (ii) . ** 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 (except when such act or omission is in accordance with the Seller’s instructions)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 Clause 12.1.11 or from any act or omission of any third party; , (iv) the Buyer returns as soon as practicable the Warranted Part claimed to be defective to the repair facilities designated by the Seller as soon as practicableSeller, unless the Buyer elects USA — Airbus A330 Purchase Agreement EXECUTION PA — 35 of 95 PRIVILEGED AND CONFIDENTIAL **Confidential Treatment Requested. elect to repair a defective Warranted Part in accordance with the provisions of Clause 12.1.8; and CT1706024 – Amended and Restated A350-900 Purchase Agreement – execution version AIRBUS S.A.S. & UNITED AIRLINES, INC. – PROPRIETARY AND CONFIDENTIAL LA13-4 , (v) the Seller’s Seller receives a Warranty Claim complying with the provisions of Clause 12.1.7(v).

Appears in 1 contract

Samples: Purchase Agreement (Us Airways Inc)

Warranty Claim Requirements. Confidential Treatment Requested. USA — Amended and Restated Airbus A320 Family Purchase Agreement PA — 54 of 123 EXECUTION PRIVILEGED AND CONFIDENTIAL The Buyer’s remedy and the Seller’s obligation and liability under this Clause 12.1 12.1, with respect to each claimed defect defect, are subject to the following conditions: conditions precedent: (i) the existence of a defect has covered by the provisions of this Clause 12.1, (ii) the defect becomes apparent within the Warranty Period, (ii) the Buyer has filed a Warranty Claim *** of a defect becoming apparent, except where the Seller has issued a Service Bulletin intended to provide a Remedy for such a defect, in which case the Warranty Claim must be filed no later than *** following embodiment of the Seller Service Bulletin in the Aircraft; (iii) the Buyer has submitted submits to the Seller evidence reasonably satisfactory to the Seller that (i) the claimed defect is due to a matter covered under the provisions of this Clause 12. **, and (ii) 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 (except when such act or omission is in accordance with the Seller’s instructions)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 Clause 12.1.11 or from any act or omission of any third party; , (iv) the Buyer returns as soon as practicable the Warranted Part claimed to be defective to the repair facilities designated by the Seller as soon as practicableSeller, unless the Buyer elects elect to repair a defective Warranted Part in accordance with the provisions of Clause 12.1.8; and CT1706024 – Amended and Restated A350-900 Purchase Agreement – execution version AIRBUS S.A.S. & UNITED AIRLINES, INC. – PROPRIETARY AND CONFIDENTIAL LA13-4 , (v) the Seller’s Seller receives a Warranty Claim Claim” complying with the provisions of Clause 12.1.7(v).

Appears in 1 contract

Samples: Airbus A320 Family Aircraft Purchase Agreement (Us Airways Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!