Delta Airlines 2014 Annual Report Download - page 256

Exhibit H
(7) ANY RIGHT, CLAIM OR REMEDY TO RECOVER OR BE COMPENSATED FOR:
(a) LOSS OF USE OR REPLACEMENT OF ANY AIRCRAFT, COMPONENT, EQUIPMENT, ACCESSORY
OR PART PROVIDED UNDER THE AGREEMENT;
(b) LOSS OF, OR DAMAGE OF ANY KIND TO, ANY AIRCRAFT, COMPONENT, EQUIPMENT,
ACCESSORY OR PART PROVIDED UNDER THE AGREEMENT;
(c) LOSS OF PROFITS AND/OR REVENUES;
(d) ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGE.
THE WARRANTIES PROVIDED BY THIS EXHIBIT H SHALL NOT BE EXTENDED, ALTERED OR VARIED
EXCEPT BY A WRITTEN INSTRUMENT EXECUTED BY THE SELLER AND THE BUYER. IN THE EVENT
THAT ANY PROVISION OF THIS ARTICLE 4 SHOULD FOR ANY REASON BE HELD UNLAWFUL, OR
OTHERWISE UNENFORCEABLE, THE REMAINDER OF THIS ARTICLE 4 SHALL REMAIN IN FULL
FORCE AND EFFECT.
FOR THE PURPOSES OF THIS ARTICLE 4, THE “SELLER”
SHALL BE UNDERSTOOD TO INCLUDE THE
SELLER, ANY OF ITS SUPPLIERS, SUBCONTRACTORS AND AFFILIATES.
The remedies provided to the Buyer under this Article 4 as to any part thereof are mutually exclusive and not
cumulative. The Buyer shall be entitled to the remedy that provides the maximum benefit to it, as the Buyer may elect,
pursuant to the terms and conditions of this Article 4 for any particular defect for which remedies are provided under
this Article 4; provided, however, that the Buyer shall not be entitled to elect a remedy under one part of this Article 4
that constitutes a duplication of any remedy elected by it under any other part hereof for the same defect. [***]
All Material prices are quoted on the basis of Free Carrier (FCA) delivery terms, without regard to the place from
which such Material is shipped. The term “ Free Carrier (FCA) ”
is as defined in the Incoterms 2010 publication
issued by the International Chamber of Commerce,
PRIVILEDGED AND CONFIDENTIAL
4.4
Duplicate Remedies
5.
COMMERCIAL CONDITIONS
5.1
Delivery Terms
5.2
Payment Procedures and Conditions
CT1404840_PA_A330-900neo_A350-900_EXECUTION.docx
Exh. H 9
/12