0-0000-XXX-000
Xxxxxxx Xxxxxxx Xxxxxxxx, Inc.
0000 Xxxxx Xxxxxx Xxxxx
Xxxxx 0000
Xxxxxxxx Xxxxxxx, XX 00000
Subject: Letter Agreement No. 6-1162-JDR-401 to
Purchase Agreement No. 1947 --
Product Assurance Matters
This Letter Agreement amends Purchase Agreement No. 1947 dated as of even date
herewith (the Agreement) between The Boeing Company (Boeing) and Western Pacific
Airlines, Inc. (Buyer) relating to Model 737-300 aircraft (the Aircraft).
All terms used herein and in the Agreement, and not defined herein, will have
the same meaning as in the Agreement.
1. Appointment of Agent for Warranties.
It is understood that Buyer intends to appoint an agent to act directly
with Boeing with respect to the warranties under the Agreement. Such appointment
will require that Buyer and agent enter into an Appointment of Agent containing
terms and conditions substantially as set forth in Attachment A to this Letter
Agreement. Such assignment will be effective upon Boeing's consent.
2. Return of Defective Items.
Notwithstanding the provisions of Exhibit B, Part A, paragraph 6 of the
Agreement, at Buyer's option, Buyer shall have the right to return the Aircraft
or items claimed to be defective under Exhibit B of the Agreement to either
Boeing or to any FAA certified aircraft repair station for performance of
warranty work. In the event such items are submitted by Buyer to a repair
station other than Boeing, Buyer will remain responsible to submit the claim for
reimbursement, unless Buyer has appointed an agent in accordance with paragraph
1 above, in which case Buyer's agent may submit the claim for reimbursement. All
other terms and conditions of Exhibit B to the Agreement shall remain in effect.
P.A. No. 1947
K/WPA
Western Pacific Airlines, Inc.
6-1162-JDR-401 Page 2
3. Extension of Warranty and Service Life Policy Periods.
Boeing has defined priced programs to extend the warranty period
defined in Exhibit B, Part A of the Agreement and to extend the period and
components of Service Life Policy coverage defined in Exhibit B, Part C of the
Agreement. Buyer may elect to extend the warranty period or the Service Life
Policy coverage for any Aircraft at any time up to expiration of the applicable
warranty or service life policy as defined in Exhibit B for such Aircraft. The
prices for such extensions will be the then current prices in effect at the time
Buyer notifies Boeing of its request for extension. Following such notification,
Boeing and Buyer agree to supplement the Agreement in a timely manner to
incorporate such extension.
4. Confidentiality.
Buyer understands that certain commercial and financial information
contained in this Letter Agreement are considered by Boeing as confidential.
Buyer agrees that it will treat this Letter Agreement and the information
contained herein as confidential and will not, without the prior written consent
of Boeing, disclose this Letter Agreement or any information contained herein to
any other person or entity, except as provided in Letter Agreement 1947-1.
Very truly yours,
THE BOEING COMPANY
By
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Its Attorney-In-Fact
ACCEPTED AND AGREED TO this
Date: , 1996
WESTERN PACIFIC AIRLINES, INC.
By
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Its
P.A. No. 1947
K/WPA
