07.06.2021 Views

IATA Aircraft Lease Guidance

Guidance Material for aircraft leasing

Guidance Material for aircraft leasing

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

Guidance Material and Best Practices for Aircraft Leases

in respect of the Aircraft or Aircraft Documentation and Lessor will inspect the specific

rectification area of the Aircraft and the rectification item of the Aircraft Documentation to

confirm, whether in its reasonable opinion the rectification causes such Notified Discrepancy to

meet the Redelivery Conditions.

When a Notified Discrepancy is rectified by Lessee, Lessor agrees that it will not raise any new

discrepancies as part of such verification inspection unless the new discrepancy is related to the

specific Notified Discrepancy for which rectification action and re-inspection has been carried

out.

c) Acceptable Discrepancies

3. As is Where is

Lessee will endeavour to effect redelivery of the Aircraft with no Acceptable Discrepancies. At

Lessee's request, however, Lessor (acting reasonably) will consider a commercial remedy for

each Acceptable Discrepancy. Where Lessor and Lessee cannot agree a commercial remedy for

any Acceptable Discrepancy, the relevant manufacturer of the item in dispute may be consulted

for its opinion on Lessee's or Lessor's conflicting views. Notwithstanding any other provisions,

Lessor is not allowed to refuse Redelivery of the Aircraft due to Minor Discrepancies.

a) Lessee will correct each discrepancy between the condition of the Aircraft and the Redelivery

Conditions identified in accordance with the Redelivery Inspection and Acceptance Protocol,

save for acceptable discrepancies (the “Acceptable Discrepancy”) which means:

(i) Minor Discrepancies (which means one or more discrepancies that:

a. do not exceed a cost to remedy (as agreed between Lessee and Lessor) of USD XXX on

an aggregate basis (excluding the cost to remedy the discrepancies described in

Paragraph 3(a)(ii) below), and;

b. do not affect the airworthiness of the Aircraft, or the ability to gain an export certificate of

airworthiness or de-registration notice, but excludes any discrepancies which can be

objectively demonstrated to prevent the subsequent registration by the next aviation

authority) and/or;

(ii) Discrepancies with respect to which Lessor and Lessee (each acting reasonably) have

agreed to remedy or rectify after Redelivery.

b) Subject to Paragraph 3(a) above, immediately after the completion of the inspection procedure

and the correction of discrepancies which are not Acceptable Discrepancies, Lessor will accept

redelivery of the Aircraft by signing an Acceptance Certificate. Upon signing of the Acceptance

Certificate, Lessor agrees that it will not make any further claim against Lessee in respect of the

Redelivery Condition or otherwise in respect of the condition of the Aircraft (subject to any

obligations which Lessee has expressly agreed to perform after Redelivery such as shipping

parts to rectify Acceptable Discrepancies).

70 4 th Edition 2017

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!