Common use of Claims Based on Defects Clause in Contracts

Claims Based on Defects. 9.1. The provisions of statute relating to defects as to quality and defects of title apply except insofar as not otherwise provided herein below. 9.2. We have the right to select the type of supplementary performance. Place of the performance shall be the intended location of the product. This is the place where the Product is located at the time of the claim based on defects. The supplier may refuse the type of supplementary performance we selected if it is only possible at disproportionate expense. 9.3. In the event that the supplier does not commence rectifying the defect after our request to remedy it, in urgent cases, after a reasonably short period of time for remedy, especially to xxxx off acute danger or to prevent greater damage, we are entitled to undertake such rectification ourselves or to have it undertaken by a third party at the expense of the supplier. 9.4. The supplier shall also hold us harmless from any claims by third parties based on the violation of third-party rights by the product, unless the supplier can prove that itis not accountable for the violation. Additionally, the supplier shall, upon request, immediately provide us with the information and documents on his services required for the defense against such third-party claims. 9.5. The limitation period for indemnity claims is 3 years. The limitation period for indemnity claims begins at the end of the year in which the claim arose and we became aware of the circumstances justifying the claim and of the debtor’s person or should have become aware of them without gross negligence. Any longer statutory limitation periods shall take precedence. This also applies to the aforementioned additional claim to information and documents. 9.6. The limitation period for l defect as to quality claims is 3 years – except in cases of fraudulent misrepresentation – unless the product has been used in a building construction in accordance with its customary use and caused the defectiveness thereof. The limitation period commences when the product is delivered (passing of risk). Any longer statutory limitation periods shall take precedence. 9.7. For claims based on defects of title, the provisions of 9.5 (limitation period for indemnity claims) shall apply accordingly. Any longer statutory limitation periods shall take precedence. 9.8. If the supplier performs its obligation to effect supplementary performance by supplying a substitute product, the statute of limitations of the goods delivered in substitution shall start to run a new after delivery thereof unless, when effecting the supplementary performance, the supplier explicitly and appropriately made the reservation that the substitute delivery was effected purely as good will, to avoid disputes or in the interests of continuation of the delivery relationship. 9.9. In the context of supplementary performance, the supplier shall bear the costs for transport, travel, labor, installation, dismantling and material. If, as a result of a defective product, we incur costs and expenses in connection with the repair or replacement of the Product, which we were entitled to reasonably make, in particular costs and expenses for sorting, for an incoming goods inspection exceeding the regular scope, for an examination and analysis of the defect, as well as costs for the involvement of external or internal employees, the supplier shall bear these costs unless he is not responsible for the defect. 9.10. The supplier is accountable for the fault of its sub-suppliers as it is for its own fault.

Claims Based on Defects. 9.1. The provisions previsions of statute the applicable laws relating to defects as to quality and defects of title apply except insofar as not otherwise provided herein below. 9.2. We have the right BOSCH shall be entitled to select the type of supplementary performance. Place of repair for the performance shall be damage in accordance with the intended location of the product. This is the place where the Product is located at the time of the claim based on defectsapplicable law. The supplier Provider may refuse reject the type of supplementary performance we repair selected by BOSCH if it is only possible at a disproportionate expense. 9.3. In the event that the supplier Supplier does not commence rectifying the defect after our request to remedy it, in urgent cases, after a reasonably short period of time for remedy, especially to xxxx off acute danger or to prevent greater damage, we are entitled to undertake such rectification ourselves or to have it undertaken by a third party at the expense of the supplierSupplier. 9.4. The supplier Supplier shall also hold us harmless from any claims by third parties based on the violation of third-party rights by the product, unless the supplier Supplier can prove that itis not accountable for the violation. Additionally, the supplier Supplier shall, upon request, immediately provide us with the information and documents on his services required for the defense against such third-party claims. 9.5. The limitation period for indemnity claims is 3 (three) years. The limitation period for indemnity claims begins at the end of the year in which the claim arose and we became aware of the circumstances justifying the claim and of the debtor’s person or should have become aware of them without gross negligence. Any longer statutory limitation periods shall take precedence. This also applies to the aforementioned additional claim to information and documents. 9.6. The limitation period for l defect as to quality claims is 3 (three) years – except in cases of fraudulent misrepresentation – unless the product has been used in a building construction in accordance with its customary use and caused the defectiveness thereof. The limitation period commences when the product is delivered (passing of risk). Any longer statutory limitation periods shall take precedence. 9.7. For claims based on defects of title, the provisions of 9.5 (limitation period for indemnity claims) shall apply accordingly. Any longer statutory limitation periods shall take precedence. 9.8. If the supplier Supplier performs its obligation to effect supplementary performance repair of the damage by supplying a substitute product, the statute of limitations warranty period of the goods delivered in substitution shall start to run a new after delivery thereof unless, when effecting repair of the supplementary performancedamage, the supplier Supplier explicitly and appropriately made the reservation that the substitute delivery was effected purely as good will, to avoid disputes or in the interests of continuation of the delivery relationship. 9.9. In the context of supplementary performance, the supplier Supplier shall bear the costs for transport, travel, labor, installation, dismantling and material. If, as a result of a defective product, we incur costs and expenses in connection with the repair or replacement of the Product, which we were entitled to reasonably make, in particular costs and expenses for sorting, for an incoming goods inspection exceeding the regular scope, for an examination and analysis of the defect, as well as costs for the involvement of external or internal employees, the supplier Supplier shall bear these costs unless he is not responsible for the defect. 9.10. The supplier Supplier is accountable for the fault of its sub-suppliers employees or workers as it is for its own fault.

Claims Based on Defects. 9.18.1 Acceptance is effected subject to the reservation of an examination for faultlessness, in particular also including accuracy and completeness, insofar and as soon as this is pertinent in the ordinary course of business. We will give notice of any defects found without undue delay after their discovery. To this extent the supplier waives the objection to delayed notification of defects. 8.2 The provisions provision of statute relating to defects as to quality and defects of title apply except insofar as not otherwise provided herein below. 9.2. We 8.3 In principle we have the right to select the type of supplementary performance. Place of the performance shall be the intended location of the product. This is the place where the Product is located at the time of the claim based on defects. The supplier may refuse the type of supplementary performance we selected if it is only possible at disproportionate expense. 9.3. 8.4 In the event that the supplier does not commence rectifying the defect immediately after our request to remedy it, in urgent cases, after a reasonably short period of time for remedy, especially to xxxx off acute danger or to prevent greater damage, we are entitled to undertake such rectification ourselves or to have it undertaken by a third party at the expense of the supplier. 9.4. The 8.5 In case of defects of title, the supplier shall also hold us harmless from any third party claims by third parties based on the violation of third-party rights by the product, possibly existing unless the supplier can prove that itis is not accountable for the violation. Additionally, the supplier shall, upon request, immediately provide us with the information and documents on his services required for the defense against such third-party claimsdefect of title. 9.5. 8.6 The limitation period for indemnity claims is 3 years. The limitation period for indemnity claims begins at the end of the year in which the claim arose and we became aware of the circumstances justifying the claim and of the debtor’s person or should have become aware of them without gross negligence. Any longer statutory limitation periods shall take precedence. This also applies to the aforementioned additional claim to information and documents. 9.6. The limitation period for l defect as to quality claims based on defects is 3 years – - except in cases of fraudulent misrepresentation – - unless the product thing has been used in a building construction in accordance with its customary use and caused the defectiveness thereof. The limitation period commences when the product Product is delivered (passing of risk). Any longer statutory limitation periods shall take precedence. 9.7. For claims based on defects of title, the provisions of 9.5 (limitation period for indemnity claims) shall apply accordingly. Any longer statutory limitation periods shall take precedence. 9.8. 8.7 If the supplier performs its obligation to effect supplementary performance by supplying a substitute product, the statute of limitations of the goods delivered in substitution shall start to run a new anew after delivery thereof unless, when effecting the supplementary performance, the supplier explicitly and appropriately made the reservation that the substitute delivery was effected purely as good will, to avoid disputes or in the interests of continuation of the delivery relationship. 9.9. In the context of supplementary performance, the supplier shall bear the costs for transport, travel, labor, installation, dismantling and material. If, 8.8 Should we incur expenses as a result of a the defective product, we incur costs and expenses in connection with the repair or replacement delivery of the Product, which we were entitled to reasonably make, in particular transport, carriage, labor costs, assembly and disassembly costs, costs and expenses for sorting, for an of material or costs of incoming goods inspection control exceeding the regular scope, for an examination and analysis normal scope of the defectcontrol, as well as such costs for shall be borne by the involvement of external or internal employees, the supplier shall bear these costs unless he is not responsible for the defectsupplier. 9.10. The supplier is accountable for the fault of its sub-suppliers as it is for its own fault.

Claims Based on Defects. 9.18.1 Acceptance is effected subject to the reservation of an examination for faultlessness, in particular also including accuracy and completeness, insofar and as soon as this is pertinent in the ordinary course of business. We will give notice of any defects found without undue delay after their discovery. To this extent the supplier waives the objection to delayed notification of defects. 8.2 The provisions of statute relating to defects as to quality and defects of title apply except insofar as not otherwise provided herein belowhereinbelow. 9.2. We 8.3 In principle we have the right to select the type of supplementary performance. Place of the performance shall be the intended location of the product. This is the place where the Product is located at the time of the claim based on defectsper- formance. The supplier may refuse the type of supplementary performance perform- ance we selected if it is only possible at disproportionate expense. 9.3. 8.4 In the event that the supplier does not commence rectifying the defect immediately after our request to remedy it, in urgent cases, after a reasonably short period of time for remedy, especially to xxxx off acute danger or to prevent greater damage, we are entitled to undertake such rectification ourselves or to have it undertaken by a third party at the expense of the supplier. 9.4. The 8.5 In case of defects of title, the supplier shall also hold us harmless from any third party claims by third parties based on the violation of third-party rights by the productpossibly existing, unless the supplier can prove that itis is not accountable for the violation. Additionally, the supplier shall, upon request, immediately provide us with the information and documents on his services required for the defense against such third-party claimsdefect of title. 9.5. 8.6 The limitation period for indemnity claims is 3 years. The limitation period for indemnity claims begins at the end of the year in which the claim arose and we became aware of the circumstances justifying the claim and of the debtor’s person or should have become aware of them without gross negligence. Any longer statutory limitation periods shall take precedence. This also applies to the aforementioned additional claim to information and documents. 9.6. The limitation period for l defect as to quality claims based on defects is 3 years – except in cases case of fraudulent misrepresentation – unless the product has been used in a building construction in accordance with its customary use and caused the defectiveness thereofmisrepresentation. The limitation period commences when the product Product is delivered (passing of risk). Any longer statutory limitation periods shall take precedence. 9.7. For claims based on defects of title, the provisions of 9.5 (limitation period for indemnity claims) shall apply accordingly. Any longer statutory limitation periods shall take precedence. 9.8. 8.7 If the supplier performs its obligation to effect supplementary performance by supplying a substitute product, the statute of limitations of the goods delivered in substitution shall start to run a new anew after delivery thereof unless, when effecting the supplementary performance, the supplier sup- plier explicitly and appropriately made the reservation that the substitute delivery was effected purely as good will, to avoid disputes or in the interests in- terests of continuation of the delivery relationship. 9.9. In the context of supplementary performance, the supplier shall bear the costs for transport, travel, labor, installation, dismantling and material. If, 8.8 Should we incur expenses as a result of a the defective product, we incur costs and expenses in connection with the repair or replacement delivery of the Product, which we were entitled to reasonably make, in particular transport, carriage, labor costs, assembly and disassembly costs, costs and expenses for sorting, for an of material or costs of incoming goods inspection control exceeding the regular scope, for an examination and analysis normal scope of the defectcontrol, as well as such costs for shall be borne by the involvement of external or internal employees, the supplier shall bear these costs unless he is not responsible for the defectsupplier. 9.10. The supplier is accountable for the fault of its sub-suppliers as it is for its own fault.