Acceptance Certificate Precludes Claim For Damages

ACG Acquisition XX LLC v Olympic Airlines SA (in special liquidation) [2013] EWCA Civ 369

An unconditional acceptance certificate as to the condition of an aircraft prevailed even though the aircraft turned out not to be airworthy.

An aircraft lease provided that "delivery by the lessee to lessor of the certificate of acceptance will be conclusive proof... that lessee has examined and investigated the aircraft, that the aircraft and the aircraft documents are satisfactory to the lessee and that the lessee has irrevocably and unconditionally accepted the aircraft for lease without any reservations whatsoever."

Olympic leased an aircraft from ACG for five years. Under the terms of the lease, Olympic was given the opportunity to inspect the aircraft and have a test flight. Following discussion of works that needed doing following inspection, Olympic signed the certificate of acceptance. It turned out that the aircraft was not airworthy without much more extensive