US Airways 2007 Annual Report Download - page 623

12 WARRANTIES AND SERVICE LIFE POLICY
12.1 Warranty
12.1.1 Nature of Warranty Subject to the limitations and conditions hereinafter provided, and except as provided in Clause 12.1.2, the Seller warrants to the
Buyer that each Aircraft and each Warranted Part will at the time of Delivery hereunder be free from defects:
(i) in material,
(ii) in workmanship, including, without limitation, processes of manufacture,
(iii) in design (including, without limitation, selection of materials parts and components) having regard to the state of the art at the date of such
design, and
(iv) arising from failure to conform to the Specification, except as to immaterial deviations from those portions of the Specification that are expressly
stated in the Specification to be estimates or approximations or design aims.
For the purposes of this Agreement, the term "Warranted Part" will mean any Seller proprietary component, equipment, accessory or part that (a) is
installed on or incorporated into an Aircraft at Delivery, (b) is manufactured to the detail design of the Seller or a subcontractor of the Seller and
(c) bears a part number of the Seller at the time of Delivery.
12.1.2 Exceptions
The warranties set forth in Clause 12.1.1 will not apply to Buyer Furnished Equipment, Propulsion Systems, or to any component, accessory,
equipment or part purchased by the Buyer or the Seller **that is not a Warranted Part, provided, however, that:
(i) any defect in the Seller's workmanship in respect of the installation of such items in or on 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,
will constitute a defect in workmanship for the purpose of this Clause 12.1 and be covered by the warranty set forth in Clause 12.1.1(ii), and
(ii) any defect inherent in the Seller's design of the installation, considering the state of the art at the date of such design, that impairs the use or
function of such items will constitute a defect in design for the purposes of this Clause 12.1 and be covered by the warranty set forth in Clause
12.1.1(iii).
USA — Airbus A330 Purchase Agreement
PA — 33 of 95
EXECUTION PRIVILEGED AND CONFIDENTIAL
**Confidential Treatment Requested.