Common use of LIABILITY FOR DEFECTS/WARRANTY Clause in Contracts

LIABILITY FOR DEFECTS/WARRANTY. Supplier shall remedy any defect in Products delivered, resulting from faulty design, specification, materials or workmanship attributable to Supplier in accordance with the provisions of this section 6. Supplier’s liability is lim- ited to defects which appear within 12 months from the date when the Products were delivered (the “Warranty Period”). Notwithstanding the foregoing, (i) the Warranty Period for all Supplier components (as opposed to third-party materials) contained in Custom Products that are sub- ject to a SAT shall commence upon the date of success- ful completion of the SAT; and (ii) the Warranty Period for all refurbished Custom Products is 90 days from the date of shipment. Where each purchase of Custom Product under these Terms and Conditions constitutes separate and independent transactions, Buyer’s claims under this section shall be applied only to each particu- lar relevant Purchase Order. Supplier is only liable for defects that appear under the intended and proper use of the Products. Proper use includes that the Product is only used with the Sup- plier’s consumables or parts. Thus, the liability does not cover defects caused by faulty maintenance, handling or incorrect storage by the Buyer, alterations of the Products carried out without Supplier’s prior written con- sent, or normal wear and tear and deterioration. Lamps, fuses, bulbs, and other expendable items are expressly excluded from the warranty under this section. Any in- stallation, maintenance, repair, service, relocation or al- teration to or of, or other tampering with, the Products performed by any person or entity other than Supplier without Supplier’s prior written approval, or any use of replacement parts not supplied by Supplier, shall imme- diately void and cancel all warranties with respect to the affected Products. In order to enable the Buyer to use the Product, the Buyer may insert a USB to upload a .STL-file or other file or download software from the Supplier’s webpage for the Products. Supplier shall not be liable for any damage or loss caused by the Products on any other software contained on the USB. Supplier shall neither be liable to remedy any defects to the Products caused by faulty or corrupt software provided by the Buyer. The Buyer shall notify Supplier in writing of a defect without undue delay after the defect has appeared, and in no case later than two (2) weeks after the expiry of the liability periods as set out above. The notice shall contain a description of how the defect manifests itself. If the Buyer fails to notify Supplier in writing within the above time limits, the Buyer forfeits its right to make any claim in respect of the defect. If there is reason to be- lieve that the defect may cause damage, notice shall be given forthwith. If notice is not given forthwith, the Buyer forfeits the right to make any claim based on damage which occurs, and which could have been avoided, if such notice had been given. After receipt of a written notice, Supplier shall, at Sup- plier’s option, repair or replace the Product or make a reasonable reduction of the purchase price for the Prod- ucts without undue delay. If Supplier fails to fulfil its obligations under this section within a reasonable time, the Buyer may by written notice require Supplier to do so within a final time. If Supplier fails to fulfill its obliga- tions within that time limit, the Buyer may terminate the purchase of the defective Products in question by writ- ten notice. Replacement parts may be new or refur- bished, at the election of Supplier. The repair or replace- ment of Product under warranty will not extend the orig- inal warranty period selected at the time of purchase. All replaced parts shall become the property of Supplier. If the Buyer gives such notice as referred to above, and no defect is found for which Supplier is liable, Supplier shall be entitled to compensation for the work and costs which it has incurred as a result of the notice. All transports in connection with replacement shall be at the Buyer’s risk and at Supplier’s expense. The Buyer shall follow Supplier’s instructions regarding how such transport shall be carried out. Supplier shall have no liability for defects save as stipu- lated above. This applies to any loss the defect may cause, such as loss of production, loss of profit and other consequential economic loss. The limitation of Supplier’s liability under this section shall, however, not apply where Supplier has been guilty of negligence. Ex- cept as expressly provided in this section, Supplier dis- claims all warranties, whether expressed or implied, oral or written, with respect to the Products, including without limitation all implied warranties of merchantabil- ity or fitness for any particular purpose. Supplier does not warrant that the Products are error-free or will ac- complish any particular result.

LIABILITY FOR DEFECTS/WARRANTY. Supplier shall remedy any defect in Products delivered, resulting from faulty design, specification, materials or workmanship attributable to Supplier in accordance with the provisions of this section 6. Supplier’s liability is lim- ited limited to defects which appear within 12 months from the date when the Products were delivered (the “Warranty Period”). Notwithstanding the foregoing, (i) the Warranty Period for all Supplier components (as opposed to third-party materials) contained in Custom Products that are sub- ject subject to a SAT shall commence upon the date of success- ful successful completion of the SAT; and (ii) the Warranty Period for all refurbished Custom Products is 90 days from the date of shipment. Where each purchase of Custom Product under these Terms and Conditions constitutes separate and independent transactions, Buyer’s claims under this section shall be applied only to each particu- lar particular relevant Purchase Order. Supplier is only liable for defects that appear under the intended and proper use of the Products. Proper use includes that the Product is only used with the Sup- plierSupplier’s consumables or parts. Thus, the liability does not cover defects caused by faulty maintenance, handling or incorrect storage by the Buyer, alterations of the Products carried out without Supplier’s prior written con- sentconsent, or normal wear and tear and deterioration. Lamps, fuses, bulbs, and other expendable items are expressly excluded from the warranty under this section. Any in- stallationinstallation, maintenance, repair, service, relocation or al- teration alteration to or of, or other tampering with, the Products performed by any person or entity other than Supplier without Supplier’s prior written approval, or any use of replacement parts not supplied by Supplier, shall imme- diately immediately void and cancel all warranties with respect to the affected Products. In order to enable the Buyer to use the Product, the Buyer may insert a USB to upload a .STL-file or other file or download software from the Supplier’s webpage for the Products. Supplier shall not be liable for any damage or loss caused by the Products on any other software contained on the USB. Supplier shall neither be liable to remedy any defects to the Products caused by faulty or corrupt software provided by the Buyer. The Buyer shall notify Supplier in writing of a defect without undue delay after the defect has appeared, and in no case later than two (2) weeks after the expiry of the liability periods as set out above. The notice shall contain a description of how the defect manifests itself. If the Buyer fails to notify Supplier in writing within the above time limits, the Buyer forfeits its right to make any claim in respect of the defect. If there is reason to be- lieve believe that the defect may cause damage, notice shall be given forthwith. If notice is not given forthwith, the Buyer forfeits the right to make any claim based on damage which occurs, and which could have been avoided, if such notice had been given. After receipt of a written notice, Supplier shall, at Sup- plierSupplier’s option, repair or replace the Product or make a reasonable reduction of the purchase price for the Prod- ucts Products without undue delay. If Supplier fails to fulfil its obligations under this section within a reasonable time, the Buyer may by written notice require Supplier to do so within a final time. If Supplier fails to fulfill its obliga- tions obligations within that time limit, the Buyer may terminate the purchase of the defective Products in question by writ- ten written notice. Replacement parts may be new or refur- bishedrefurbished, at the election of Supplier. The repair or replace- ment replacement of Product under warranty will not extend the orig- inal original warranty period selected at the time of purchase. All replaced parts shall become the property of Supplier. If the Buyer gives such notice as referred to above, and no defect is found for which Supplier is liable, Supplier shall be entitled to compensation for the work and costs which it has incurred as a result of the notice. All transports in connection with replacement shall be at the Buyer’s risk and at Supplier’s expense. The Buyer shall follow Supplier’s instructions regarding how such transport shall be carried out. Supplier shall have no liability for defects save as stipu- lated stipulated above. This applies to any loss the defect may cause, such as loss of production, loss of profit and other consequential economic loss. The limitation of Supplier’s liability under this section shall, however, not apply where Supplier has been guilty of negligence. Ex- cept Except as expressly provided in this section, Supplier dis- claims disclaims all warranties, whether expressed or implied, oral or written, with respect to the Products, including without limitation all implied warranties of merchantabil- ity merchantability or fitness for any particular purpose. Supplier does not warrant that the Products are error-error- free or will ac- complish accomplish any particular result.

LIABILITY FOR DEFECTS/WARRANTY. The Supplier shall remedy warrants that the Products comply in every respect with the requirements of the Purchase Agreement and that they are free from any defect in Products delivered, resulting from faulty design, specification, materials or workmanship attributable workmanship. Any defect appearing within twenty-four (24) months from the date of delivery of the Products ("Warranty Period"), shall be corrected by the Supplier without delay and without any additional cost to Supplier the Purchaser or the end user. If any repair under the warranty obligation is made subsequent to the end user having put the Products in accordance with service, the provisions Warranty Period in respect of this section 6. Supplier’s liability is lim- ited to defects which appear within 12 months the affected Products shall be renewed starting from the date when the Products were delivered (repair work was approved by the “Warranty Period”)end user. Notwithstanding Should the foregoingSupplier refuse, (i) or fail, to fulfil his warranty obligation to the Warranty Period Purchaser's satisfaction, within a reasonable period of time, the Purchaser shall be entitled to have repair or replacement carried out at the Supplier's expense. The same right shall accrue to the Purchaser, if in case of urgency the Purchaser finds it inappropriate to wait for all the Supplier components (as opposed to third-party materials) contained in Custom Products that are sub- ject to a SAT carry out the work. The Purchaser shall commence upon request the date of success- ful completion consent of the SAT; and (ii) Supplier before carrying out the Warranty Period for all refurbished Custom Products is 90 days from the date of shipmentrepair or replacement work, if time permits. Where each purchase of Custom Product under these Terms and Conditions constitutes separate and independent transactions, Buyer’s claims under this section shall be applied only to each particu- lar relevant Purchase Order. Supplier is only liable for defects that appear under the intended and proper use of the Products. Proper use includes that the Product is only used with the Sup- plier’s consumables or parts. Thus, the liability does not cover defects caused by faulty maintenance, handling or incorrect storage by the Buyer, alterations of the Products If such work has been carried out without the consent of the Supplier, the Supplier has to be given opportunity, at its own request, to inspect the repaired or replaced Products to evidence the applicability of the Supplier's warranty liability to such work. The Supplier’s prior written con- sentfailure to make such request shall be deemed as an acceptance of its renewed warranty liability. The warranty obligation of the Supplier shall not extend to defects proved to having been directly caused by wrong or negligent operation, overloading, inadequate maintenance or normal wear and tear and deterioration. Lamps, fuses, bulbs, and other expendable items are expressly excluded from the warranty under this section. Any in- stallation, maintenance, repair, service, relocation or al- teration to or of, or other tampering with, the Products performed by any person or entity other than Supplier without Supplier’s prior written approval, or any use of replacement parts not supplied by Supplier, shall imme- diately void and cancel all warranties with respect to the affected Products. In order to enable the Buyer to use the Product, the Buyer may insert a USB to upload a .STL-file or other file or download software from the Supplier’s webpage for the Products. Supplier shall not be liable for any damage or loss caused by the Products on any other software contained on the USB. Supplier shall neither be liable to remedy any defects to the Products caused by faulty or corrupt software provided by the Buyer. The Buyer shall notify Supplier in writing of a defect without undue delay after the defect has appeared, and in no case later than two (2) weeks after the expiry of the liability periods as set out above. The notice shall contain a description of how the defect manifests itself. If the Buyer fails to notify Supplier in writing within the above time limits, the Buyer forfeits its right to make any claim in respect of the defect. If there is reason to be- lieve that the defect may cause damage, notice shall be given forthwith. If notice is not given forthwith, the Buyer forfeits the right to make any claim based on damage which occurs, and which could have been avoided, if such notice had been given. After receipt of a written notice, Supplier shall, at Sup- plier’s option, repair or replace the Product or make a reasonable reduction of the purchase price for the Prod- ucts without undue delay. If Supplier fails to fulfil its obligations under this section within a reasonable time, the Buyer may by written notice require Supplier to do so within a final time. If Supplier fails to fulfill its obliga- tions within that time limit, the Buyer may terminate the purchase of the defective Products in question by writ- ten notice. Replacement parts may be new or refur- bished, at the election of Supplier. The repair or replace- ment of Product under warranty will not extend the orig- inal warranty period selected at the time of purchase. All replaced parts shall become the property of Supplier. If the Buyer gives such notice as referred to above, and no defect is found for which Supplier is liable, Supplier shall be entitled to compensation for the work and costs which it has incurred as a result of the notice. All transports in connection with replacement shall be at the Buyer’s risk and at Supplier’s expense. The Buyer shall follow Supplier’s instructions regarding how such transport shall be carried out. Supplier shall have no liability for defects save as stipu- lated above. This applies to any loss the defect may cause, such as loss of production, loss of profit and other consequential economic loss. The limitation of Supplier’s liability under this section shall, however, not apply where Supplier has been guilty of negligence. Ex- cept as expressly provided in this section, Supplier dis- claims all warranties, whether expressed or implied, oral or written, with respect to the Products, including without limitation all implied warranties of merchantabil- ity or fitness for any particular purpose. Supplier does not warrant that the Products are error-free or will ac- complish any particular resulttear.