Delta Airlines 2014 Annual Report Download - page 156

The warranties described in Subclauses 12.1.1 and 12.1.2 hereinabove shall be limited to those defects that become
apparent within [***] after delivery of the affected A330-900neo Aircraft or [***] after delivery of the affected A350-
900 Aircraft.
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:
[***] CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO
A REQUEST FOR CONFIDENTIAL TREATMENT
12.1.3
Warranty Period
12.1.4 Buyer’s Remedy and Seller’
s Obligation
12.1.4.1
The Buyer’s remedy and the Seller’
s obligation and liability under Subclauses 12.1.1 and 12.1.2 hereinabove are
limited to, at the Seller’
s expense and option, the repair, replacement or correction of, or the supply of modification
kits rectifying the defect to, any defective Warranted Part. Alternatively, the Seller may at its sole option furnish a
credit to the Buyer for the future purchase of Material equal to the price at which the Buyer is then entitled to acquire
a replacement for the defective Warranted Part. Nothing herein contained shall obligate the Seller to correct any
failure to conform to the Specification with respect to components, equipment, accessories or parts that the parties
agree in writing at the time of delivery of the affected Aircraft are acceptable deviations or have no material adverse
effect on the use, operation or performance of an Aircraft.
12.1.4.2
In the event a defect covered by Subclause 12.1.1(iii) becomes apparent within the applicable period set forth in
Subclause 12.1.3, and the Seller is obligated to correct such defect, the Seller shall also, if so requested by the Buyer
in writing and following consultation between Buyer and Seller, make such correction in any Aircraft that has not
already been delivered to the Buyer. However, the Seller shall not be responsible nor deemed to be in default on
account of any delay in delivery of any Aircraft or otherwise, in respect of performance of the Agreement, due to the
Seller’
s undertaking to make such correction and, rather than accept a delay in delivery of any such Aircraft, the
Buyer and the Seller may agree to deliver such Aircraft with subsequent correction of the defect by the Buyer at the
Seller’
s expense, or the Buyer may elect to accept delivery and thereafter file a Warranty Claim as though the defect
had become apparent immediately after delivery of such Aircraft.
12.1.5
Warranty Claim Requirements
(i)
the existence of a defect covered by the provisions of this Subclause 12.1,
(ii)
the defects 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
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PRIVILEDGED AND CONFIDENTIAL
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