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. 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.

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. Supplier shall 9.1. The Seller will remedy any defect in Products delivered, resulting from faulty design, specification, materials or workmanship attributable to Supplier in accordance under the conditions stated hereafter for the parts of the Product manufactured by him. The Seller does not warrant parts and components (such as the engine, alternator, software, etc.), which are covered by the warranty of the relevant manufacturers, copy of which is among the documents enclosed with the provisions Product, where there is also a list of this section 6service centres to which the end user can refer. 9.2. SupplierSave for the provision under Article 9.1, the Seller undertakes to remedy any non- conformity (defect) of the Products for which he is liable, occurring within twelve 6.1. In such case the Seller will, at his choice, either replace or repair the Products (or parts of the Products) which result to be defective. 9.3. In case of defects for which the Seller is responsible, the Buyer shall return the product to it for repair and replacement at his own expenses. On their receipt, the Seller will carry out the repair or replacement of the faulty parts at its premises and will then supply them back to the Buyer, bearing the relevant costs. All expenses involved in rendering the Product or part accessible - including disconnection and reconnection, towing, carriage, subsistence, owners own labour charges, hiring of special equipment - shall be met by the Buyer. In case of failure to return the defective Products or components, the spare parts that had been sent in their replacement in the meantime will be invoiced as a sale. 9.4. The Seller is not liable for any defect or non-conformity of the Product that may arise, even indirectly, from drawings, plans, information, software, materials, components, and whatever else, supplied, indicated or requested by the Buyer or by third parties acting, in whatever capacity, on the latter’s liability is lim- ited to behalf. 9.5. The Seller's warranty only covers defects which appear within 12 months from arise with respect to Products used in conformity with the date when Contract, with the Products were delivered (the “Warranty Period”). Notwithstanding the foregoingSeller's instructions, (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; manuals etc., 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 ProductsProduct. Proper use includes that the Product is only used with the Sup- plierThe Seller’s consumables or parts. Thus, the liability warranty does not cover defects which are caused by faulty maintenance, handling incorrect erection or incorrect storage faulty repair by the Buyer, or by alterations carried out without the Seller’s consent in writing. The Seller is not liable in case of special environmental conditions, or for any other circumstances not mentioned in the purchase order of the Buyer. The warranty does not cover the costs of normal maintenance or regular servicing of the Product. The warranty also does not include repair costs incurred by the Buyer at its discretion, for failures not ascertained by the Seller or its delegate, or unreliable as not sufficiently proven. The warranty expires anyhow if the Product is overloaded as to the nominal ratings shown on the plate. 9.6. Except in case of fraud or gross negligence, The Seller's only obligation in case of non-conformity (defects) of the Products carried out without Supplier’s prior written con- sent, will be that of replacing or normal wear and tear and deteriorationrepairing the defective Products in conformity with this Article. Lamps, fuses, bulbs, and other expendable items are expressly excluded from It is agreed that the warranty under this section. Any in- stallation, maintenance, repair, service, relocation Article (i.e. the obligation to repair or al- teration to replace the Products) is in lieu of any other legal guarantee or of, liability with the exclusion of any other Seller's liability (both contractual or other tampering with, extra-contractual) which may arise from the Products performed by any person or entity other than Supplier without Supplier’s prior written approvalsupplied (e.g., or any use of replacement parts not supplied by Supplierdamages, 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, profit, use, loss of profit and other consequential economic losschances, 9.7. 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 Seller does not warrant that the Products conform to special specifications or features or that they are error-free suitable for a particular use, unless and to the extent this has been expressly agreed upon in the Contract or will ac- complish any particular resultin documents referred to in the Contract for such purpose. 9.8. The Seller has no obligation to give assistance under the warranty if the Buyer is not complying with his payment obligations.

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 5.1. The Seller guarantees that the subject of the delivery is fully compliant 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 technical and qualitative indicators that are sub- ject usual for such goods and agreed in the Contract. 5.2. Apparent defects to a SAT shall commence upon the date of success- ful completion goods (i.e. defects detectable during the transfer of the SAT; and risk of damage to the goods to the Buyer, e.g. visible damage to the goods, quantity defects etc.) shall be notified by the Buyer to the Seller (iihereinafter referred to as rejected) the Warranty Period for all refurbished Custom Products is 90 during a personal takeover immediately, otherwise within 15 days from the date transfer of shipmentrisk of damage to the goods on the Buyer. 5.3. Where each purchase of Custom Product under these Terms and Conditions constitutes separate and independent transactions, Buyer’s claims under this section Other defects to the goods shall be applied only to each particu- lar relevant Purchase Order. Supplier is only liable for defects that appear under rejected immediately after the intended and proper use detection thereof, however at the latest by the end of the Productswarranty period. 5.4. Proper use includes that The rejection shall be always in writing. The defects shall be described in it by the Product Buyer or, as the case may be, it shall be identified how they are demonstrated and evidence proving eligibility of the rejection shall be submitted. 5.5. The rejected goods shall be stored separately till the settlement of the rejection and any handling thereof, which could hinder or disable the verification of the rejected defects, shall be impermissible without a prior agreement of the Seller. 5.6. If the rejection is only used with the Sup- plier’s consumables or parts. Thusjustified, the liability does not cover Seller may, according to its discretion, either eliminate the identified defects caused by faulty maintenance, handling within an adequate period or incorrect storage by deliver new goods subjected to the original conditions. After an agreement with the Buyer, alterations the rejection may also be solved by the provision of an adequate discount for the goods or in another way. 5.7. Unless agreed otherwise, the warranty period (warranty) for defects to the goods shall be 12 months and it shall start running on the day of the Products carried out without Supplier’s prior written con- senttransfer of risk of damage to the goods on the Buyer. 5.8. The warranty period shall not include the period, or normal wear when the Buyer cannot use the goods due to the defects thereof, which have been duly rejected at the Seller and tear and deteriorationwhich are within the responsibility of the Seller. Lamps, fuses, bulbs, and other expendable items are expressly excluded This period shall start running from the warranty under this sectionday of delivery of a due rejection of defects to the goods. 5.9. Any in- stallation, maintenance, repair, service, relocation or al- teration to or of, or other tampering withIn case the rejection is settled with replacement of the goods, the Products performed by any person or entity other than Supplier without Supplier’s prior written approvalwarranty period shall start running anew. If only a part is replaced, or any use the warranty period shall only start running again for that part of replacement parts not supplied by Supplier, the goods. 5.10. The rejection shall imme- diately void and cancel all warranties with respect to have no effect on the affected Products. In order to enable obligation of 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 pay 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 resultgoods.