Defects as to Quality. Siemens shall be liable for defects as to quality (hereinafter referred to as “Defects”) as follows:
Defects as to Quality. In addition to the provisions contained in the ALB, the following shall apply:
Defects as to Quality. 8.1 Notifications of Defect by the Purchaser shall be given in written form without undue delay. § 377 HGB (German Commercial Code) shall apply.
Defects as to Quality. Supplier shall to the exclusion of further claims be liable for defects as to quality (“Sachmängel”, hereinafter referred to as “Defects”) that already existed at the moment of the transfer of risk, as follows, whereby Xxxxx´s liability for damages pursuant to art. 14 below shall not be affected: • Supplier will at its own choice and free of charge repair or replace defective parts of the Supplies (“Nacherfüllung”, hereinafter referred to as “Supplementary Performance”) that have been notified to Supplier within a warranty period of twelve (12) months after transfer of risk. Supplier will chose the most economical way of Supplementary Performance. • As far as Supplier replaces defective parts of the Supplies, Customer shall be obliged to pay a compensation for use of the replaced parts of the Supplies (“Nutzungsersatz”) pursuant to Sections 346 – 348 BGB, unless the replaced parts of the Supplies have been sold second-hand to Customer. • As far as Supply Agreements are concerned, the place of performance (“Leistungsort”) of the Supplementary Performance shall be Supplier´s service branch in the country, in which the Supplies are located according to the respective agreement´s purpose (“vertragsgemäße Belegenheit”). In the cases, in which Supplier does not have available a service branch in such country, Suppliers place of business (Hamburg, Germany) shall be place of performance for the Supplementary Performance. • As far as Service Agreements are concerned, the place of performance of the Supplementary Performance shall be the place, in which the original/primary performance (“Primärleistungspflicht”) has been performed. Supplier shall (without prejudice to the applicability of the stipulation laid down in s. 439 ss. 4 and s. 635 ss. 3 BGB) bear expenses connected with the Supplementary Performance at the Supplementary Performance´s place of performance, including inter alia costs for transport, travel, labor and material. • As far as Supplier had not been charged to place the Supplies within other goods of the Customer (e.g. within a vessel), defective parts have to be dismantled by Customer at its own expense. As far as Customer has moved the Supplies to a different location, Customer shall bear additional expenses connected with an execution of the Supplementary Performance at such different location. • During the warranty period, Supplier shall always first be given the opportunity to supplement its performance (“Nacherfüllung”) within a reasonable pe...
