Aircraft Delivery Condition Clause Samples
The Aircraft Delivery Condition clause defines the specific state and requirements that an aircraft must meet at the time it is handed over from the seller to the buyer. This typically includes stipulations regarding the aircraft's airworthiness, maintenance status, configuration, and the presence of necessary documentation. For example, the clause may require that all scheduled maintenance is up to date and that the aircraft is free from liens or encumbrances. Its core practical function is to ensure that the buyer receives the aircraft in an agreed-upon, acceptable condition, thereby reducing the risk of disputes and clarifying expectations at the point of delivery.
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Aircraft Delivery Condition. The Aircraft will be delivered in the configuration per Attachment 1.
Aircraft Delivery Condition. The Aircraft shall be delivered to Lessee by Lessor on the Delivery Date in the condition set forth in Appendix 2D.
Aircraft Delivery Condition. LESSEE’S INSPECTION 9 6.1. Aircraft Delivery Condition 9 6.2. Lessee’s Inspection of Aircraft; No Lessor Liability 9 7. CONDITIONS PRECEDENT TO DELIVERY 10 7.1. Conditions Precedent 10 7.2. Waiver or Deferral of Conditions Precedent 10 FOLLOWING DELIVERY 11 8.1. Delivery Location and Timing 11 8.2. Delivery Subject to Return from Prior Operator 11 8.3. [Reserved] 11 8.4. [Reserved] 11 8.5. Event of Loss to Aircraft Prior to Delivery 11 8.6. Lessee Acceptance of Aircraft 11 8.7. Risk of Loss to Aircraft following Delivery 11 8.8. Waiver of Remedies for Delay in Delivery 11 9. LESSEE’S REPRESENTATIONS, WARRANTIES AND COVENANTS 12 9.1. Lessee’s Representations and Warranties 12 9.2. Application of Representations and Warranties; Survival 14 9.3. Lessee’s General Covenants 14
Aircraft Delivery Condition. The Aircraft shall be delivered to AA on an "as-is, where-is" basis, without any representations or warranties from UA, other than that UA has good title to all Sale Aircraft and such Sale Aircraft are free and clear of all liens other than "Finance Liens" (as defined below); provided, that as a condition precedent to acceptance by AA of delivery of an Aircraft, such Aircraft shall be in a condition substantially consistent with each of the following conditions at the time of delivery: - The Aircraft shall have a valid FAA airworthiness certificate. - The Aircraft shall be free and clear of all liens (except UA's sublessor/head lessor liens, cross-border lessor liens or lender liens permitted under the applicable financing documents (if UA has exercised its option to assign rather than to repay any applicable note obligations, as described below under "UA's Assignment Option")) (collectively, "Finance Liens"). - The Aircraft (including the airframe, engines, APU and landing gear) shall be serviceable, complete (including one set of catering and cabin service equipment used in UA's service, as applicable (which may be unserviceable if economically repairable), but excluding airfones or other aircraft equipment that is not owned by UA or the equitable or legal owner of the Aircraft, tapestries, seat covers and items with UA's service marks or branded colors), and clean by U.S. commercial airline operating standards and shall have all minimum equipment list ("▇▇▇") systems and components operable (except those systems or components which are permitted to be inoperable pursuant to UA's ▇▇▇, as applicable). - The Aircraft (including the airframe, engines, APU and landing gear) shall be in compliance with all FAA airworthiness directives and all manufacturer's mandatory service bulletins applicable thereto, in each case which require compliance on or before such Aircraft's Delivery Date. - UA will assign, effective as of the Delivery Date of each respective Aircraft (with respect to rights, remedies or claims arising, or based on events, occurrences and circumstances occurring, on or after the Delivery of such Aircraft), to AA any and all existing assignable manufacturer or vendor warranties, service life policies, and customer support agreements applicable to such Aircraft; to the extent that such warranty rights are not assignable, AA is hereby subrogated to all such warranty rights of UA. UA makes no representation or warranty as to the existence or assignabi...
Aircraft Delivery Condition. LESSEE’S INSPECTION 10 6.1. Aircraft Delivery Condition 10 6.2. Lessee’s Inspection of Aircraft; No Lessor Liability 10 7. CONDITIONS PRECEDENT TO DELIVERY 11 7.1. Conditions Precedent 11 7.2. Waiver or Deferral of Conditions Precedent 11 8. DELIVERY; EVENT OF LOSS PRIOR TO DELIVERY; RISK OF LOSS FOLLOWING DELIVERY 12 8.1. Delivery Location and Timing 12 8.2. Delivery Subject to Return from Prior Operator 12 8.3. [Reserved] 12 8.4. [Reserved] 12 8.5. Event of Loss to Aircraft Prior to Delivery 12 8.6. Lessee Acceptance of Aircraft 12 8.7. Risk of Loss to Aircraft following Delivery 12 8.8. Waiver of Remedies for Delay in Delivery 12 9. LESSEE’S REPRESENTATIONS, WARRANTIES AND COVENANTS 13 9.1. Lessee’s Representations and Warranties 13 9.2. Application of Representations and Warranties; Survival 15 9.3. Lessee’s General Covenants 15 10. LESSOR’S REPRESENTATIONS, WARRANTIES AND COVENANTS; DISCLAIMERS 18 10.1. General Representations and Warranties of Lessor 18 10.2. Covenant of Quiet Enjoyment 18 10.3. Disclaimer; Waiver of Warranties as between Indemnitees and Lessee; Waiver of Remedies 19 10.4. Disclaimer and Waiver of Incidental, Consequential, Special and Punitive Damages 21 10.5. No Duty of Indemnitees to Inspect, Etc. 21 11. GENERAL OPERATION OF THE AIRCRAFT 22 11.1. General Operation 22 11.2. Insured Operations 22 11.3. Carriage of Goods 23 11.4. Operational Expenses 23 11.5. Compliance with Laws 23 11.6. Lessee’s Covenants Regarding Use of the Aircraft 24 11.7. Certain Tax Matters 25 12. MAINTENANCE, MODIFICATION AND OPERATION OF THE AIRCRAFT 26 12.1. General 26 12.2. Accomplishment of Tasks and Repairs 26 12.3. Information on Maintenance 27 12.4. Aircraft Documents in English Language 27 12.5. Originals 27 12.6. Performance of Maintenance 27 12.7. Alterations, Modifications and Additions 28 12.8. Replacement of Parts 29 12.9. Title to Parts 30 12.10. Temporary Replacement of Parts 31 12.11. Exchanging Parts 31 12.12. Temporary Attachment and Removal of Engines 32 12.13. Installation of Items of Equipment on Other Aircraft 33 12.14. Failure to Reinstall Engines and Items of Equipment on the Aircraft 33 13. MAINTENANCE RESERVES 34 13.1. Maintenance Reserves 34 13.2. Discrepancies 34 13.3. Rights in Maintenance Reserves 34 13.4. Claims for Reimbursement - Timing 35 14. MANUFACTURERS’ WARRANTIES 36 14.1. Assignable Warranties 36 14.2. Reassignment; Assignment of Lessee Warranties 36 14.3. Warranty Claims 36 15. SUBLEASING AND WET LEASING 37 15.1. Suble...
