The "as delivered from factory" isn't the issue. If you could establish
that the tanks leaked like this due to the design, and when the plane was
certified, the leaks would then be OK. Not only would the be OK, it would
make the aircraft unairworthy to fix them. Flying the aircraft with tanks
that didn't leak would invalidate your insurance, expose you to license
suspension, cause your hair to fall out, your pecker to shrivel, hair to
grow on the palms of your hands, and your descendents cursed unto the
seventh generation.

--
Roger Long