Delta Airlines 2014 Annual Report Download - page 155

Subject to the limitations and conditions as hereinafter provided, and except as provided in Subclause 12.1.2, the
Seller warrants to the Buyer that each Aircraft and each Warranted Part shall at the time of delivery to the Buyer:
For the purposes of the Agreement, the term “ Warranted Part ”
shall mean any Seller proprietary component,
equipment, accessory or part that is installed on an Aircraft at the time of delivery of such Aircraft and that (a) is
manufactured to the detail design of the Seller or a subcontractor of it and (b) bears a part number of the Seller at the
time of such delivery.
The warranties set forth in Subclause 12.1.1 shall not apply to Buyer Furnished Equipment, nor to the engines and its
associated parts, nor to any component, accessory, equipment or part purchased by the Buyer that is not a Warranted
Part, provided, however, that:
[***] CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO
A REQUEST FOR CONFIDENTIAL TREATMENT
12.
WARRANTIES AND SERVICE LIFE POLICY
12.1
Standard Warranty
12.1.1
Nature of Warranty
(i)
be free from defects in material,
(ii)
be free from defects in workmanship, including, without limitation, processes of manufacture,
(iii)
be free from defects in design (including, without limitation, selection of materials) having regard to the state
of the art at the date of such design, and
(iv)
be free from defects arising from failure to conform to the Specification, except as to those portions of the
Specification where it is expressly stated that such portions of the Specification are estimates or
approximations or design aims.
12.1.2
Exceptions
(i) any defect in the Seller’
s workmanship in respect of the installation of such items in the Aircraft, including any
failure by the Seller to conform to the installation instructions of the manufacturers of such items that
invalidates any applicable warranty from such manufacturers, shall constitute a defect in workmanship for the
purpose of this Subclause 12.1 and be covered by the warranty set forth in Subclause 12.1.1(ii), and
(ii) any defect inherent in the Seller’
s design of the installation, in view of the state of the art at the date of such
design, that impairs the use of such items shall constitute a defect in design for the purposes of this Subclause
12.1 and be covered by the warranty set forth in Subclause 12.1.1(iii).
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