Common use of Defects Liability Clause in Contracts

Defects Liability. 11.1 In case of a defect, the Seller will, without undue delay and free of charge, make good any defects and/ or deficiencies in its Supplies and Services which were already existent at the time of transfer of risk to the Customer by, at its sole discretion and as the nature of the defect or deficiency would reasonably require,repair or replacement. The Customer has the obligation to inform the Seller of any defect and/ or deficiency without undue delay after detection of the same. 11.2 Should remedy of a defect and/ or deficiency finally fail, the Customer shall – without prejudice to claim damages – be entitled to terminate the Contract or ask for an equitable adjustment of the Contact price. Except as otherwise provided in the Contract, a remedy shall be deemed to have finally failed after the third unsuccessful attempt by the Seller to rectify the defect and/or deficiency. 11.3 Defect liability claims shall become statute-barred after a period of 12 months, counted from the date of completion of the concerned Supplies and/or Services (“Defect Liability Period”). In case and where a longer Defect Liability Period is mandatory as per applicable law, the Defect Liability Period mentioned in the preceding sentence shall be replaced by such mandatory longer period. If any part of the Supplies and Services has to be repaired or replaced during the Defect Liability Period, the Defect Liability Period for the relevant part of the Supplies and Services shall begin for another period of 12 months, however, provided that the Defect Liability Period shall not be (further) extended beyond 24 months from the from the date of completion of the concerned Supplies and/ or Services. 11.4 The Seller shall not be liable for any damage / defect occurring after transfer of risk to the Customer being a result of careless usage, inappropriate consumables/ fuels, defective and/ or deficient civil works, inappropriate ground conditions or special outside influences which are not specifically provided for in the Contract. Should the Customer or any third party perform improper maintenance works or effect any changes to the Supplies and Services the consequences thereof shall not be covered under subject defect liability obligations of the Seller. 11.5 The Seller shall not be liable for normal wear and tear. Wear-parts are excluded from any defect liability, except in case the Customer provides proof that the damage or defect is not caused by normal wear and tear. 11.6 Any further liability for defect liability claims is – as far as permissible by applicable law – excluded.

Defects Liability. 11.1 9.1 In case this Contract, and subject to Clause 9.2, a defect shall mean any non-conformity of a defect, the Seller will, without undue delay and free Supplies with the express terms of charge, make good any defects and/ or deficiencies this Contract resulting from circumstances existing in its the Supplies and Services which were already existent at the time of the transfer of risk to the Customer by(“Defects”). 9.2 In particular, the following shall not be Defects: a) normal wear and tear, non-conformity resulting from excessive strain, b) non-conformity resulting from faulty or negligent handling; non-compliance with instructions or recommendations in operation or maintenance manuals and other documents; c) installation, erection, modification, commissioning, or pre-commissioning, in each case not carried out by Siemens, d) non-reproducible software errors, e) defects which do not significantly impair the use of the respective Supplies. 9.3 The Customer shall immediately inspect the Supplies upon delivery and shall notify Siemens in writing of any Defects without undue delay. The Customer’s claims in respect of defects shall be excluded for any apparent defects if the Customer has failed to do so. Upon such written notification, Siemens shall, at its sole discretion option, remedy a Defect by repair, replacement, or re-performance. Siemens shall be given a reasonable period of time and as opportunity to remedy the nature of the defect or deficiency would reasonably require,repair or replacementDefect. The Customer has the obligation to inform the Seller of any defect and/ or deficiency without undue delay after detection of the same. 11.2 Should remedy of a defect and/ or deficiency finally failFor this purpose, the Customer shall – without prejudice grant Siemens working access to claim damages – be entitled the non-conforming Supplies, shall undertake any necessary dis-assembly and re-assembly, and shall provide access to terminate operation and maintenance data, all at no charge to Siemens. Upon Siemens’ request, the Contract or ask for an equitable adjustment of Customer shall ensure that the Contact price. Except as otherwise provided in title to the Contract, a remedy replaced parts/items shall be deemed pass to have finally failed after the third unsuccessful attempt by the Seller to rectify the defect and/or deficiencySiemens. 11.3 Defect liability claims shall become statute-barred after a period of 12 months, counted from the date of completion of the concerned Supplies and/or Services (“Defect Liability Period”). In case and where a longer Defect Liability Period is mandatory as per applicable law9.4 Unless otherwise agreed, the Defect Liability Period mentioned in the preceding sentence shall be replaced by such mandatory longer period. If defects liability period for any part of the Supplies and Services has to be is 12 months. It starts at the date of transfer of risk (as stipulated in Clause 5). For replaced or repaired or replaced during parts of the Defect Liability PeriodSupplies, the Defect Liability Period defects liability period is 6 months from the date of replacement or repair, if the original defects liability period for the relevant part of Supplies expires earlier. In any event, the Supplies and Services defects liability period shall begin for another period of 12 months, however, provided that the Defect Liability Period shall not be (further) extended beyond end no later than 24 months from the from the date of completion beginning of the concerned Supplies and/ or Servicesoriginal defects liability period. 11.4 The Seller 9.5 Siemens does not warrant or guarantee that the Product will be secure from Cyberthreats and does not contain any vulnerability. If software is defective, Siemens shall only be obliged to provide the Customer with an updated version of the software in which the Defect has been remedied when such updated version is reasonably available from Siemens or, if Siemens is only licensee, from Siemens’ licensor. If the software has been modified or individually developed by Siemens, Siemens shall in addition provide the Customer with a workaround or other interim corrective solution until the provision of an updated version of the software, if such workaround or interim solution is feasible at reasonable expense and if otherwise the Customer’s business operations would be substantially impeded. 9.6 If Siemens carries out remedial work and it is ultimately not established that there was a Defect, the Customer shall pay Siemens for such remedial work including error diagnosis. 9.7 Any other liability of Siemens and any claims, rights and remedies of the Customer in case of defects of the Supplies shall be liable for excluded except as expressly stipulated in this Clause 9. All warranties, representations, conditions, and all other terms of any damage / defect occurring after transfer of risk kind whatsoever implied by statute or law are, to the Customer being a result of careless usagefullest extent, inappropriate consumables/ fuels, defective and/ or deficient civil works, inappropriate ground conditions or special outside influences which are not specifically provided for in the Contract. Should the Customer or any third party perform improper maintenance works or effect any changes to the Supplies and Services the consequences thereof shall not be covered under subject defect liability obligations of the Seller. 11.5 The Seller shall not be liable for normal wear and tear. Wear-parts are excluded from any defect liability, except in case the Customer provides proof that the damage or defect is not caused by normal wear and tearthis Contract. 11.6 Any further liability for defect liability claims is – as far as permissible by applicable law – excluded.

Defects Liability. 11.1 9.1 In case this Contract, and subject to Clause 9.2, a defect shall mean any non-conformity of a defect, the Seller will, without undue delay and free Supplies with the express terms of charge, make good any defects and/ or deficiencies this Contract resulting from circumstances existing in its the Supplies and Services which were already existent at the time of the transfer of risk to the Customer by(“Defects”). 9.2 In particular, the following shall not be Defects: a) normal wear and tear, non-conformity resulting from excessive strain, b) non-conformity resulting from faulty or negligent handling; non-compliance with instructions or recommendations in operation or maintenance manuals and other documents. c) installation, erection, modification, commissioning, or pre-commissioning, in each case not carried out by Xxxxxx, d) non-reproducible software errors, e) defects which do not significantly impair the use of the respective Supplies. 9.3 The Customer shall immediately inspect the Supplies upon delivery and shall notify Trench in writing of any Defects without undue delay. The Customer’s claims in respect of defects shall be excluded for any apparent defects if the Customer has failed to do so. Upon such written notification, Trench shall, at its sole discretion option, remedy a Defect by repair, replacement, or re-performance. Trench shall be given a reasonable period of time and as opportunity to remedy the nature of the defect or deficiency would reasonably require,repair or replacementDefect. The Customer has the obligation to inform the Seller of any defect and/ or deficiency without undue delay after detection of the same. 11.2 Should remedy of a defect and/ or deficiency finally failFor this purpose, the Customer shall – without prejudice grant Trench working access to claim damages – be entitled the non- conforming Supplies, shall undertake any necessary dis-assembly and re-assembly, and shall provide access to terminate operation and maintenance data, all at no charge to Trench. Upon Xxxxxx’s request, the Contract or ask Customer shall ensure that the title to the replaced parts/items shall pass to Trench. Unless otherwise agreed in writing, Trench shall have no liability for an equitable adjustment the costs of packing, dismantling, transportation (beyond the Contact priceagreed INCOTERMS), re-assembly and re-installation of any goods affected under this warranty. Except as otherwise provided in the Contract, a remedy These costs shall be deemed to have finally failed after the third unsuccessful attempt borne by the Seller Customer or reimbursed to rectify the defect and/or deficiencyTrench on presentation of its invoice. 11.3 Defect liability claims shall become statute-barred after a period of 12 months, counted from the date of completion of the concerned Supplies and/or Services (“Defect Liability Period”). In case and where a longer Defect Liability Period is mandatory as per applicable law9.4 Unless otherwise agreed, the Defect Liability Period mentioned in the preceding sentence shall be replaced by such mandatory longer period. If defects liability period for any part of the Supplies and Services has to be is 12 months. It starts at the date of transfer of risk. For replaced or repaired or replaced during parts of the Defect Liability PeriodSupplies, the Defect Liability Period defects liability period is 6 months from the date of replacement or repair, if the original defects liability period for the relevant part of Supplies expires earlier. In any event, the Supplies and Services defects liability period shall begin for another period of 12 months, however, provided that the Defect Liability Period shall not be (further) extended beyond end no later than 24 months from the from the date of completion beginning of the concerned Supplies and/ or Servicesoriginal Defects liability period. 11.4 The Seller 9.5 Trench does not warrant or guarantee that the Product will be secure from Cyberthreats and does not contain any vulnerability. If software is defective, Trench shall only be obliged to provide the Customer with an updated version of the software in which the Defect has been remedied when such updated version is reasonably available from Trench or, if Trench is only licensee, from Trench’s licensor. If the software has been modified or individually developed by Trench, Trench shall in addition provide the Customer with a workaround or other interim corrective solution until the provision of an updated version of the software, if such workaround or interim solution is feasible at reasonable expense and if otherwise the Customer’s business operations would be substantially impeded. 9.6 If Xxxxxx carries out remedial work and it is ultimately not established that there was a Defect, the Customer shall pay Trench for such remedial work including error diagnosis. 9.7 Any other liability of Trench and any claims, rights and remedies of the Customer in case of defects of the Supplies shall be liable for excluded except as expressly stipulated in this Clause 9 and – provided Trench failed at least three times in remedying the defect – in Clause 15.2 b). All warranties, representations, conditions, and all other terms of any damage / defect occurring after transfer of risk kind whatsoever implied by statute or law are, to the Customer being a result of careless usagefullest extent permitted by applicable law, inappropriate consumables/ fuels, defective and/ or deficient civil works, inappropriate ground conditions or special outside influences which are not specifically provided for in the Contract. Should the Customer or any third party perform improper maintenance works or effect any changes to the Supplies and Services the consequences thereof shall not be covered under subject defect liability obligations of the Seller. 11.5 The Seller shall not be liable for normal wear and tear. Wear-parts are excluded from any defect liability, except in case the Customer provides proof that the damage or defect is not caused by normal wear and tearthis Contract. 11.6 Any further liability for defect liability claims is – as far as permissible by applicable law – excluded.

Defects Liability. 11.1 9.1 In case this Contract, and subject to Clause 9.2, a defect shall mean any non-conformity of a defect, the Seller will, without undue delay and free Supplies with the express terms of charge, make good any defects and/ or deficiencies this Contract resulting from circumstances existing in its the Supplies and Services which were already existent at the time of the transfer of risk to the Customer by(“Defects”). 9.2 In particular, the following shall not be Defects: a) normal wear and tear, non-conformity resulting from excessive strain, b) non-conformity resulting from faulty or negligent handling; non-compliance with instructions or recommendations in operation or maintenance manuals and other documents; c) installation, erection, modification, commissioning, or pre- commissioning, in each case not carried out by Xxxxxx, d) non-reproducible software errors, e) defects which do not significantly impair the use of the respective Supplies. 9.3 The Customer shall immediately inspect the Supplies upon delivery and shall notify Trench in writing of any Defects without undue delay. The Customer’s claims in respect of defects shall be excluded for any apparent defects if the Customer has failed to do so. Upon such written notification, Trench shall, at its sole discretion option, remedy a Defect by repair, replacement, or re-performance. Trench shall be given a reasonable period of time and as opportunity to remedy the nature of the defect or deficiency would reasonably require,repair or replacementDefect. The Customer has the obligation to inform the Seller of any defect and/ or deficiency without undue delay after detection of the same. 11.2 Should remedy of a defect and/ or deficiency finally failFor this purpose, the Customer shall – without prejudice grant Trench working access to claim damages – be entitled the non- conforming Supplies, shall undertake any necessary dis- assembly and re-assembly, and shall provide access to terminate operation and maintenance data, all at no charge to Trench. Upon Trench’ request, the Contract or ask for an equitable adjustment of Customer shall ensure that the Contact price. Except as otherwise provided in title to the Contract, a remedy replaced parts/items shall be deemed pass to have finally failed after the third unsuccessful attempt by the Seller to rectify the defect and/or deficiencyTrench. 11.3 Defect liability claims shall become statute-barred after a period of 12 months, counted from the date of completion of the concerned Supplies and/or Services (“Defect Liability Period”). In case and where a longer Defect Liability Period is mandatory as per applicable law9.4 Unless otherwise agreed, the Defect Liability Period mentioned in the preceding sentence shall be replaced by such mandatory longer period. If defects liability period for any part of the Supplies and Services has to be is 12 months. It starts at the date of transfer of risk. For replaced or repaired or replaced during parts of the Defect Liability PeriodSupplies, the Defect Liability Period defects liability period is 6 months from the date of replacement or repair, if the original defects liability period for the relevant part of Supplies expires earlier. In any event, the Supplies and Services defects liability period shall begin for another period of 12 months, however, provided that the Defect Liability Period shall not be (further) extended beyond end no later than 24 months from the from the date of completion beginning of the concerned Supplies and/ or Servicesoriginal defects liability period. 11.4 The Seller 9.5 Trench does not warrant or guarantee that the Product will be secure from Cyberthreats and does not contain any vulnerability. If software is defective, Trench shall only be obliged to provide the Customer with an updated version of the software in which the Defect has been remedied when such updated version is reasonably available from Trench or, if Trench is only licensee, from Trench’ licensor. If the software has been modified or individually developed by Trench, Trench shall in addition provide the Customer with a workaround or other interim corrective solution until the provision of an updated version of the software, if such workaround or interim solution is feasible at reasonable expense and if otherwise the Customer’s business operations would be substantially impeded. 9.6 If Xxxxxx carries out remedial work and it is ultimately not established that there was a Defect, the Customer shall pay Trench for such remedial work including error diagnosis. 9.7 Any other liability of Trench and any claims, rights and remedies of the Customer in case of defects of the Supplies shall be liable for excluded except as expressly stipulated in this Clause 9 and – provided Xxxxxx failed at least three times in remedying the defect – in Clause 15.2 b). All warranties, representations, conditions, and all other terms of any damage / defect occurring after transfer of risk kind whatsoever implied by statute or law are, to the Customer being a result of careless usagefullest extent permitted by applicable law, inappropriate consumables/ fuels, defective and/ or deficient civil works, inappropriate ground conditions or special outside influences which are not specifically provided for in the Contract. Should the Customer or any third party perform improper maintenance works or effect any changes to the Supplies and Services the consequences thereof shall not be covered under subject defect liability obligations of the Seller. 11.5 The Seller shall not be liable for normal wear and tear. Wear-parts are excluded from any defect liability, except in case the Customer provides proof that the damage or defect is not caused by normal wear and tearthis Contract. 11.6 Any further liability for defect liability claims is – as far as permissible by applicable law – excluded.

Defects Liability. 11.1 In case Supplier shall be liable to Customer for defects including any non- conformity with express warranties or the failure to meet guarantees as follows: 1. Supplier shall, at its option, repair any defect or reperform or replace any Work or any portion thereof that are defective provided the defect is due to circumstances that existed before the transfer of risk occurred. 2. Supplier’s warranty does not apply to defects a) which do not entitle Customer to refuse acceptance pursuant Clause VIII paragraph 5, b) defects in expendable and/or consumable parts regularly replaced due to normal wear and tear arising after the transfer of risk, c) nonconformities caused by faulty or negligent handling, excessive strain, or other abuse by Customer or any third party, d) non-compliance with the instructions contained in the operation and maintenance manuals of the original equipment manufacturer, or e) non-reproducible software errors. 3. To the extent Supplier has incurred cost or expenses, Supplier shall be entitled to compensation in the event the defect notified by Customer to Supplier is subsequently determined to (a) not exist or (b) if Supplier is not responsible for the notified defect. 4. Supplier shall be given adequate time and opportunity to remedy the defect. For this purpose, Customer shall grant Supplier working access to the non-conforming Work, including disassembly and reassembly, without cost to Supplier. 5. Except for the express warranties stated in the Contract, Supplier disclaims any other express or implied warranties, including but not limited to implied warranties of merchantability and fitness for a particular purpose, or otherwise. 6. Supplier shall not be liable a) if Customer or a third party carries out modifications or repairs to the Work, b) if Customer does not notify Supplier during the defect liability period in writing of a defect without undue delay after Customer’s discovery or after Customer should have discovered the respective defect if Customer had exercised due care, c) if Customer has not immediately taken all appropriate steps to mitigate a damage caused by a defect, or d) if Customer prevents Supplier from remedying a defect. 7. The defects liability period including but not limited to the Seller will, without undue delay and free defects liability period for repairs or replacement of charge, make good any defects and/ or deficiencies in its Supplies and Services which were already existent at Work under warranty shall be 12 months from the time of earlier of: a) the date the transfer of risk to the Customer byoccurred, at its sole discretion and as the nature or b) completion of the defect respective Work, in the event the Works are performed, assembled or deficiency would reasonably require,repair erected by Supplier under this Contract outside Supplier’s or replacementits subcontractors’ own workshop or factory. 8. The Customer has the obligation liability of Supplier in relation to inform the Seller of any defect and/ damages caused by defective supplies or deficiency without undue delay after detection services or related remedial work shall be limited to 30% of the same.respective value of the deliveries concerned. The aforementioned restriction of liability shall be subject to the exceptions set forth within Art. XII. Nr 11.2 Should remedy 9. Except as expressly provided in this Clause IX and subject to the exceptions set forth within Art. XII. Nr. 4, any other defects liability remedies or claims of Customer including any right to terminate or rescind from the Contract or to obtain restitution because of a defect and/ or deficiency finally failmaterial error/mistake concerning the Work, the shall be excluded. In particular, Customer shall – without prejudice to claim damages – not be entitled to terminate challenge the Contract or ask for material error, including any challenge of the Contract for an equitable adjustment error related to defects of the Contact priceWork. Except as otherwise provided in the Contract, a remedy Xxxxxx XXX shall be deemed to have finally failed after the third unsuccessful attempt by the Seller to rectify the defect and/or deficiencyremain unaffected. 11.3 Defect liability claims shall become statute-barred after a period of 12 months, counted from the date of completion of the concerned Supplies and/or Services (“Defect Liability Period”). In case and where a longer Defect Liability Period is mandatory as per applicable law, the Defect Liability Period mentioned in the preceding sentence shall be replaced by such mandatory longer period. If any part of the Supplies and Services has to be repaired or replaced during the Defect Liability Period, the Defect Liability Period for the relevant part of the Supplies and Services shall begin for another period of 12 months, however, provided that the Defect Liability Period shall not be (further) extended beyond 24 months from the from the date of completion of the concerned Supplies and/ or Services. 11.4 The Seller shall not be liable for any damage / defect occurring after transfer of risk to the Customer being a result of careless usage, inappropriate consumables/ fuels, defective and/ or deficient civil works, inappropriate ground conditions or special outside influences which are not specifically provided for in the Contract. Should the Customer or any third party perform improper maintenance works or effect any changes to the Supplies and Services the consequences thereof shall not be covered under subject defect liability obligations of the Seller. 11.5 The Seller shall not be liable for normal wear and tear. Wear-parts are excluded from any defect liability, except in case the Customer provides proof that the damage or defect is not caused by normal wear and tear. 11.6 Any further liability for defect liability claims is – as far as permissible by applicable law – excluded.

Defects Liability. 11.1 23.1 In case of a defectperforming the Services, the Seller willContractor shall only use vehicles, without undue delay components, parts, items, plant, materials, equipment and free of charge, make good any defects and/ other things used to carry out or deficiencies incorporated in its Supplies and the Services which were already existent at the time are of transfer merchantable quality, fit for their purpose, free from defects and not of risk an age which would impair their operation. All vehicles, plant and equipment used on Site shall be subject to the Customer byapproval of the Company and its decision in this regard shall be final and binding. 23.2 The Warranty Period in respect of the Services and all materials, components, parts, items, consumables and other things used to carry out or incorporated in the Services shall be a period of twelve (12) months from the Completion Date. 23.3 During the Warranty Period, the Contractor shall be obligated, at its sole discretion own cost (including but not limited to freight and as transport costs), to promptly repair or replace any defect in the nature Services or the materials, components, parts, items, consumables and other things used to carry out or incorporated in the Services. 23.4 The Company shall, within thirty (30) days of completion of any part of the defect or deficiency would reasonably require,repair or replacement. The Customer has Services, notify the obligation to inform the Seller Contractor, in writing, of any defect and/ or deficiency without undue delay after detection of which is apparent on reasonable inspection (“patent defects”) in the sameServices performed. 11.2 Should remedy 23.5 The Warranty Period in respect of a defect and/ any replacements or deficiency finally failrepaired Services, the Customer shall – without prejudice materials, components, parts items, consumables and other things used to claim damages – be entitled to terminate the Contract carry out or ask for an equitable adjustment of the Contact price. Except as otherwise provided incorporated in the Contract, a remedy Services shall be deemed to have finally failed after the third unsuccessful attempt by the Seller to rectify the defect and/or deficiency. 11.3 Defect liability claims shall become statute-barred after a period of 12 months, counted twelve (12) months from the date of completion such repair or replacement, without limitation on the number of replacements or repairs. 23.6 Where the Contractor fails to remedy any default within fourteen (14) days of notice being given to the Contractor by the Company, the Company shall be entitled to remedy the defect at the Contractor’s risk and cost but without prejudice to any other rights which the Company may have against the Contractor in respect of the concerned Supplies and/or Services defect, in order to ensure continuity or early resumption of its operations. 23.7 The Contractor’s obligations under this Warranty shall extend to any defect that is not discoverable on reasonable inspection (“Defect Liability Periodlatent defects”). In case and where a longer Defect Liability The Warranty Period is mandatory as per applicable law, the Defect Liability Period mentioned in the preceding sentence respect of latent defects shall be replaced by such mandatory longer period. If any part of the Supplies and Services has to be repaired or replaced during the Defect Liability Period, the Defect Liability Period for the relevant part of the Supplies and Services shall begin for another period of 12 months, however, provided that the Defect Liability Period shall not be four (further4) extended beyond 24 months from the years from the date of completion expiration of the concerned Supplies and/ Warranty Period. 23.8 The Contractor shall be responsible for any direct or indirect damage to the property of the Company which may be caused by the defect or by the remedying thereof. 23.9 Without prejudice to the Contractor's obligations under this part, all guarantees and warranties obtained by the Contractor from manufacturers and vendors of goods or materials used in the performance of the Services shall be extended to the Company to the full extent of their terms. If required by the Company, the Contractor shall formally assign the guarantees or warranties to the Company. 23.10 The obligations of this part shall apply to subcontractors engaged by the Contractor for the performance of the Services. 11.4 The Seller shall not be liable for any damage / defect occurring after transfer of risk to the Customer being a result of careless usage, inappropriate consumables/ fuels, defective and/ or deficient civil works, inappropriate ground conditions or special outside influences which are not specifically provided for in the Contract. Should the Customer or any third party perform improper maintenance works or effect any changes to the Supplies and Services the consequences thereof shall not be covered under subject defect liability obligations of the Seller. 11.5 The Seller shall not be liable for normal wear and tear. Wear-parts are excluded from any defect liability, except in case the Customer provides proof that the damage or defect is not caused by normal wear and tear. 11.6 Any further liability for defect liability claims is – as far as permissible by applicable law – excluded.

Defects Liability. 11.1 9.1 In case this Contract, and subject to Clause 9.2, a defect shall mean any non-conformity of a defect, the Seller will, without undue delay and free Supplies with the express terms of charge, make good any defects and/ or deficiencies this Contract resulting from circumstances existing in its the Supplies and Services which were already existent at the time of the transfer of risk to the Customer by(“Defects”). 9.2 In particular, the following shall not be Defects: a) normal wear and tear, non-conformity resulting from excessive strain, b) non-conformity resulting from faulty or negligent handling; non-compliance with instructions or recommendations in operation or maintenance manuals and other documents; c) installation, erection, modification, commissioning, or pre- commissioning, in each case not carried out by Xxxxxx, d) non-reproducible software errors, e) defects which do not significantly impair the use of the respective Supplies. 9.3 The Customer shall immediately inspect the Supplies upon delivery and shall notify Trench in writing of any Defects without undue delay. The Customer’s claims in respect of defects shall be excluded for any apparent defects if the Customer has failed to do so. Upon such written notification, Trench shall, at its sole discretion option, remedy a Defect by repair, replacement, or re-performance. Trench shall be given a reasonable period of time and as opportunity to remedy the nature of the defect or deficiency would reasonably require,repair or replacementDefect. The Customer has the obligation to inform the Seller of any defect and/ or deficiency without undue delay after detection of the same. 11.2 Should remedy of a defect and/ or deficiency finally failFor this purpose, the Customer shall – without prejudice grant Trench working access to claim damages – be entitled the non- conforming Supplies, shall undertake any necessary dis- assembly and re-assembly, and shall provide access to terminate operation and maintenance data, all at no charge to Trench. Upon Trench’ request, the Contract or ask for an equitable adjustment of Customer shall ensure that the Contact price. Except as otherwise provided in title to the Contract, a remedy replaced parts/items shall be deemed pass to have finally failed after the third unsuccessful attempt by the Seller to rectify the defect and/or deficiencyTrench. 11.3 Defect liability claims shall become statute-barred after a period of 12 months, counted from the date of completion of the concerned Supplies and/or Services (“Defect Liability Period”). In case and where a longer Defect Liability Period is mandatory as per applicable law9.4 Unless otherwise agreed, the Defect Liability Period mentioned in the preceding sentence shall be replaced by such mandatory longer period. If defects liability period for any part of the Supplies and Services has to be is 12 months. It starts at the date of transfer of risk. For replaced or repaired or replaced during parts of the Defect Liability PeriodSupplies, the Defect Liability Period defects liability period is 6 months from the date of replacement or repair, if the original defects liability period for the relevant part of Supplies expires earlier. In any event, the Supplies and Services defects liability period shall begin for another period of 12 months, however, provided that the Defect Liability Period shall not be (further) extended beyond end no later than 24 months from the from the date of completion beginning of the concerned Supplies and/ or Servicesoriginal defects liability period. 11.4 The Seller 9.5 Trench does not warrant or guarantee that the Product will be secure from Cyberthreats and does not contain any vulnerability. If software is defective, Trench shall only be obliged to provide the Customer with an updated version of the software in which the Defect has been remedied when such updated version is reasonably available from Trench or, if Trench is only licensee, from Trench’ licensor. If the software has been modified or individually developed by Trench, Trench shall in addition provide the Customer with a workaround or other interim corrective solution until the provision of an updated version of the software, if such workaround or interim solution is feasible at reasonable expense and if otherwise the Customer’s business operations would be substantially impeded. 9.6 If Xxxxxx carries out remedial work and it is ultimately not established that there was a Defect, the Customer shall pay Trench for such remedial work including error diagnosis. 9.7 Any other liability of Trench and any claims, rights and remedies of the Customer in case of defects of the Supplies shall be liable for excluded except as expressly stipulated in this Clause 9 and – provided Trench failed at least three times in remedying the defect – in Clause 15.2 b). All warranties, representations, conditions, and all other terms of any damage / defect occurring after transfer of risk kind whatsoever implied by statute or law are, to the Customer being a result of careless usagefullest extent permitted by applicable law, inappropriate consumables/ fuels, defective and/ or deficient civil works, inappropriate ground conditions or special outside influences which are not specifically provided for in the Contract. Should the Customer or any third party perform improper maintenance works or effect any changes to the Supplies and Services the consequences thereof shall not be covered under subject defect liability obligations of the Seller. 11.5 The Seller shall not be liable for normal wear and tear. Wear-parts are excluded from any defect liability, except in case the Customer provides proof that the damage or defect is not caused by normal wear and tearthis Contract. 11.6 Any further liability for defect liability claims is – as far as permissible by applicable law – excluded.