Common use of Limitation of Warranty Clause in Contracts

Limitation of Warranty. 8.1. The Supplier warrants the Supply to be materially in accordance with the product specific tolerances stated in the specifications of the Contract at the time of Delivery. Reasonable deviations thereof shall be accepted by the Customer. To the extent allowed by applicable law, the warranty period shall start upon Delivery and shall be six months unless the specifications of the Supply specify a shorter warranty period or shelf life. 8.2. The Warranties are subject to: (i) no repairs, modifications or alterations being made to the Product other than by the Supplier or its authorized representatives; (ii) Customer handling, using, storing, installing, operating and maintaining the Products in compliance with any parameters or instructions in any specifications attached to or incorporated into the Contract, including but not limited to executing drying and heating-up in compliance with given instructions; (iii) compliance with all generally accepted industry standards; (iv) Customer discontinuing use of the Product after it has, or should have had, knowledge of any defect; (v) Customer providing prompt written notice of any warranty claims as specified in Clause 8.3 within the warranty period described below 8.3. The Customer shall immediately inspect the Supply upon Delivery and shall, within one week thereafter, give written notice if the Products do not conform to the Contract, specifying in detail the alleged defect. Failing this, the Supply shall be deemed to be accepted by the Customer and the Customer’s respective warranty claims shall be excluded to the extent permitted by law. The Customer shall notify defects, which cannot be discovered at the time of careful inspection but which the Customer detects during the warranty period, within one week following detection thereof. Defective Supply may be returned by the Customer only with the Supplier’s prior written consent. 8.4. In case of Supply involving commissioning and / or installation the Customer shall accept the Supply upon completion or on request of the Supplier, including any partial performance, within five calendar days through an acceptance report to be drawn up by both Parties. Failing this, the Supply shall be deemed accepted by the Customer. All warranty claims relating to the Supply must be recorded and particularly described in the acceptance report or shall be deemed to be waived by the Customer. By putting the Supply into operation, it shall be deemed to be accepted by the Customer, at the latest. Any costs and expenses related to the inspection or acceptance of the Supply shall be borne by the Customer. 8.5. If the Customer furnishes proof that the Supply was defective at the time of Delivery, the Supplier will at its own discretion repair, replace or repeat the defective Supply within a reasonable period. The Supplier may grant a price reduction or dissolution of the Contract, if a defect is provably significant and its removal is impossible or unreasonable. The Customer shall, at its own cost, ensure unrestricted access of the Supplier to the defective Supply and upon request provide all internal logs, metal analyzes, reports, etc., such as temperature records, charging, storage. If the Supplier subsequently discovers that the alleged deficiency was not subject to the Supplier’s warranty, the Customer shall compensate the Supplier for all the direct or indirect costs incurred thereby. Any warranty for remedied Supply shall be limited to the remainder of the original warranty period. Any substitute performance by the Customer or a third party shall be subject to the Supplier’s prior written approval. 8.6. Any representations and information on/in the Supplier’s website, sales brochures or any further documents, declarations or information of the Supplier’s representatives shall only be binding if expressly stated in the Contract to be binding, failing this such information shall be deemed as non-binding statements and in no case deemed as implied or expressed warranties. 8.7. Any warranty rights and/or liability rights for normal wear and tear and minor deviations from the specifications as well as for all defects due to transport damage or events of force majeure shall be excluded to the extent permitted by law. Aside from the foregoing limited warranties, the Supplier makes no further warranty, express or implied, such as but not limited to the condition, merchantability, effectiveness or fitness for particular purpose, compliance with any sample or usage of trade. 8.8. The Customer´s warranty claims against the Supplier shall become statute-barred, if not asserted in court within the warranty period.

Limitation of Warranty. 8.1. The Supplier warrants the Supply to be materially in accordance with the product specific tolerances stated in the specifications of the Contract at the time of Delivery. Reasonable deviations thereof shall be accepted by the Customer. To the extent allowed by applicable law, the warranty period shall start upon Delivery and shall be six months unless the specifications of the Supply specify account for a shorter warranty period or shelf life. 8.2. The Warranties are subject to: (i) no repairs, modifications or alterations being made to the Product other than by the Supplier or its authorized representatives; (ii) Customer handling, using, storing, installing, operating and maintaining the Products in compliance with any parameters or instructions in any specifications attached to or incorporated into the Contract, including but not limited to executing drying and heating-up in compliance with given instructions; (iii) compliance with all generally accepted industry standards; (iv) Customer discontinuing use of the Product after it has, or should have had, knowledge of any defect; (v) Customer providing prompt written notice of any warranty claims as specified in Clause 8.3 within the warranty period described below 8.3. The Customer shall immediately inspect the Supply upon Delivery and shall, within one week thereafter, give written notice if the Products do not conform to the Contract, specifying in detail the alleged defect. Failing this, the Supply shall be deemed to be accepted by the Customer and the Customer’s respective warranty claims shall be excluded to the extent permitted by law. The Customer shall notify defects, which cannot be discovered at the time of careful inspection but which the Customer detects during the warranty period, within one week following detection thereof. Defective Supply may be returned by the Customer only with the Supplier’s prior written consent. 8.48.3. In case of Supply involving commissioning and / or installation the The Customer shall accept the Supply upon completion or on request of the Supplier, including any partial performance, within five calendar days through an acceptance report to be drawn up by both Parties. Failing this, the Supply shall be deemed accepted by the Customer. All warranty claims relating to the Supply must be recorded and particularly described in the acceptance report or shall be deemed to be waived by the Customer. By putting the Supply into operation, it shall be deemed to be accepted by the Customer, at the latest. Any costs and expenses related to the inspection or acceptance of the Supply shall be borne by the Customer. 8.58.4. If the Customer furnishes proof that the Supply was defective at the time of Delivery, the Supplier will at its own discretion repair, replace or repeat the defective Supply within a reasonable periodperiod of grace. The Supplier may grant a price reduction or dissolution of the Contract, if a defect is provably significant and its removal is impossible or unreasonable. The Customer shall, at its own cost, ensure unrestricted access of the Supplier to the defective Supply and upon request provide all internal logs, metal analyzes, reports, etc., such as temperature records, charging, storageSupply. If the Supplier subsequently discovers that the alleged deficiency was not subject to the Supplier’s warranty, the Customer shall compensate the Supplier for all the direct or indirect costs incurred thereby. Any warranty for remedied Supply shall be limited to the remainder of the original warranty period. Any substitute performance by the Customer or a third party shall be subject to the Supplier’s prior written approval. 8.68.5. Any representations and information on/in the Supplier’s website, sales brochures or any further documents, declarations or information of the Supplier’s representatives shall only be binding if expressly stated explicitly as mandatory in the Contract to be bindingContract, failing this such information shall be deemed as non-binding statements and in no case deemed as implied or expressed warranties. 8.78.6. Any warranty rights and/or liability rights for normal wear and tear and minor deviations from the specifications as well as for all defects due to transport damage or events of force majeure shall be excluded to the extent permitted by law. Aside from the foregoing limited warranties, the Supplier makes no further warranty, express or implied, such as but not limited to the condition, merchantability, effectiveness or fitness for particular purpose, compliance with any sample or usage of trade. 8.88.7. The Customer´s warranty claims against the Supplier shall become statute-barred, if not asserted in court within the warranty period.

Limitation of Warranty. 8.1. The Supplier warrants the Supply to be materially in accordance with the product specific tolerances stated in the specifications of the Contract at the time of Delivery. Reasonable deviations thereof shall be accepted by the Customer. To the extent allowed by applicable law, the warranty period shall start upon Delivery and shall be six months unless the specifications of the Supply specify a shorter warranty period or shelf life. 8.2. The Warranties are subject to: (i) no repairs, modifications or alterations being made to the Product other than by the Supplier or its authorized representatives; (ii) Customer handling, using, storing, installing, operating and maintaining the Products in compliance with any parameters or instructions in any specifications attached to or incorporated into the ContractContract , including but not limited to executing drying and heating-up in compliance with given instructions; (iii) compliance with all generally accepted industry standards; (iv) Customer discontinuing use of the Product after it has, or should have had, knowledge of any defect; (v) Customer providing prompt written notice of any warranty claims as specified in Clause 8.3 within the warranty period described below 8.3. The Customer shall immediately inspect the Supply upon Delivery and shall, within one week thereafter, give written notice if the Products do not conform to the Contract, specifying in detail the alleged defect. Failing this, the Supply shall be deemed to be accepted by the Customer and the Customer’s respective warranty claims shall be excluded to the extent permitted by law. The Customer shall notify defects, which cannot be discovered at the time of careful inspection but which the Customer detects during the warranty period, within one week following detection thereof. Defective Supply may be returned by the Customer only with the Supplier’s prior written consent. 8.4. In case of Supply involving commissioning and / or installation the Customer shall accept the Supply upon completion or on request of the Supplier, including any partial performance, within five calendar days through an acceptance report to be drawn up by both Parties. Failing this, the Supply shall be deemed accepted by the Customer. All warranty claims relating to the Supply must be recorded and particularly described in the acceptance report or shall be deemed to be waived by the Customer. By putting the Supply into operation, it shall be deemed to be accepted by the Customer, at the latest. Any costs and expenses related to the inspection or acceptance of the Supply shall be borne by the Customer. 8.5. If the Customer furnishes proof that the Supply was defective at the time of Delivery, the Supplier will at its own discretion repair, replace or repeat the defective Supply within a reasonable periodperiod of grace. The Supplier may grant a price reduction or dissolution of the Contract, if a defect is provably significant and its removal is impossible or unreasonable. The Customer shall, at its own cost, ensure unrestricted access of the Supplier to the defective Supply and upon request provide all internal logs, metal analyzes, reports, etc., such as temperature records, charging, storage. If the Supplier subsequently discovers that the alleged deficiency was not subject to the Supplier’s warranty, the Customer shall compensate the Supplier for all the direct or indirect costs incurred thereby. Any warranty for remedied Supply shall be limited to the remainder of the original warranty period. Any substitute performance by the Customer or a third party shall be subject to the Supplier’s prior written approval. 8.6. Any representations and information on/in the Supplier’s website, sales brochures or any further documents, declarations or information of the Supplier’s representatives shall only be binding if expressly stated in the Contract to be binding, failing this such information shall be deemed as non-binding statements and in no case deemed as implied or expressed warranties. 8.7. Any warranty rights and/or liability rights for normal wear and tear and minor deviations from the specifications as well as for all defects due to transport damage or events of force majeure shall be excluded to the extent permitted by law. Aside from the foregoing limited warranties, the Supplier makes no further warranty, express or implied, such as but not limited to the condition, merchantability, effectiveness or fitness for particular purpose, compliance with any sample or usage of trade. 8.8. The Customer´s warranty claims against the Supplier shall become statute-barred, if not asserted in court within the warranty period.

Limitation of Warranty. 8.1. The Supplier warrants the Supply to be materially in accordance with the product specific tolerances stated in the specifications of the Contract at the time of Delivery. Reasonable deviations thereof shall be accepted by the Customer. To the extent allowed by applicable law, the warranty period shall start upon Delivery and shall be six months unless the specifications of the Supply specify a shorter warranty period or shelf life. 8.2. The Warranties are subject to: (i) no repairs, modifications or alterations being made to the Product other than by the Supplier or its authorized representatives; (ii) Customer handling, using, storing, installing, operating and maintaining the Products in compliance with any parameters or instructions in any specifications attached to or incorporated into the Contract, including but not limited to executing drying and heating-up in compliance with given instructions; (iii) compliance by Customer in all respects with all generally accepted industry standards; (iv) Customer discontinuing use of the Product after it has, or should have had, knowledge of any defect; (v) Customer providing prompt written notice of any warranty claims as specified in Clause clause 8.3 within the warranty period described below. 8.3. The Customer shall immediately inspect the Supply upon Delivery and shall, within one week thereafter, give written notice if the Products do not conform to the Contract, specifying in detail the alleged defect. Failing this, the Supply shall be deemed to be accepted by the Customer and the Customer’s respective warranty claims shall be excluded to the extent permitted by law. The Customer shall notify defects, which cannot be discovered at the time of careful inspection but which the Customer detects during the warranty period, within one week following detection thereof. Defective Supply may be returned by the Customer only with the Supplier’s prior written consent. 8.4. In case of Supply involving commissioning and / or installation the Customer shall accept the Supply upon completion or on request of the Supplier, including any partial performance, within five calendar days through an acceptance report to be drawn up by both Parties. Failing this, the Supply shall be deemed accepted by the Customer. All warranty claims relating to the Supply must be recorded and particularly described in the acceptance report or shall be deemed to be waived by the Customer. By putting the Supply into operation, it shall be deemed to be accepted by the Customer, at the latest. Any costs and expenses related to the inspection or acceptance of the Supply shall be borne by the Customer. 8.5. If the Customer furnishes proof that the Supply was defective at the time of Delivery, the Supplier will at its own discretion repair, replace or repeat the defective Supply within a reasonable period. The Supplier may grant a price reduction or dissolution of the Contract, if a defect is provably significant and its removal is impossible or unreasonable. The Customer shall, at its own cost, ensure unrestricted access of the Supplier to the defective Supply and upon request provide all internal logs, metal analyzes, reports, etc., such as temperature records, charging, storage. If the Supplier subsequently discovers that the alleged deficiency was not subject to the Supplier’s warranty, the Customer shall compensate the Supplier for all the direct or indirect costs incurred thereby. Any warranty for remedied Supply shall be limited to the remainder of the original warranty period. Any substitute performance by the Customer or a third party shall be subject to the Supplier’s prior written approval. 8.6. Any representations and information on/in the Supplier’s website, sales brochures or any further documents, declarations or information of the Supplier’s representatives shall only be binding if expressly stated in the Contract to be binding, failing this such information shall be deemed as non-binding statements and in no case deemed as implied or expressed warranties. 8.7. Any warranty rights and/or liability rights for normal wear and tear and minor deviations from the specifications as well as for all defects due to transport damage or events of force majeure shall be excluded to the extent permitted by law. Aside from the foregoing limited warranties, the Supplier makes no further warranty, express or implied, such as but not limited to the condition, merchantability, effectiveness or fitness for particular purpose, compliance with any sample or usage of trade. 8.8. The Customer´s warranty claims against the Supplier shall become statute-barred, if not asserted in court within the warranty period.