Common use of Product Defects Clause in Contracts

Product Defects. 2.1 If any of the Goods delivered by the Seller to the Buyer is defective, the Seller shall remedy said defect by repair or replacement. If said remedial action fails, then, subject to the provisions on damages in Article VII hereinbelow, the Buyer shall be entitled to any of the remedies provided for by law. 2.2 If any remedial action is taken by the Seller, then the Seller shall bear all costs and expenses occasioned by the removal of said defect such as, without limitation, any transportation or traveling expenses or any labor or material costs provided however that any extra costs occasioned by the Buyer moving the Goods after delivery to a place other than the regi- stered premises of the Buyer shall be carried by the Buyer unless the removal of said Goods is a use for which the Goods are intended. 2.3 The Buyer shall give the Seller the time and the opportunity which may be needed to remove any defect in any of the Goods provided that the Seller shall not be held liable for any consequences of not being given such time and opportunity. 2.4 Any repair or replacement by the Seller with respect to any Goods shall irrespective of the scope of any such repair or replacement not be deemed to be an acceptance of any liability for any defect in any of the Goods claimed by the Buyer provided that no persons other than legal representatives or procurators under Sect. 49 German Commercial Code (“Proku- risten”) of the Seller shall have the right to accept any liability for any defect on behalf of the Seller. 2.5 If any defect in any of the Goods claimed by the Buyer shows not to be a defect for which the Seller is liable, then the Buyer shall reimburse to the Seller all costs reasonably incurred by the Seller to remove said alleged defect in good faith provided that material and labor costs so incurred by the Seller shall be reimbursed at the Seller’s standard rates applicable at the time when the alleged defect was so removed. 2.6 The Buyer shall not be entitled to the removal by the Seller of any defect due to any of the following: – improper use of any Goods or use of any Goods for a purpose for which the Goods are not fit or defective installation or commissioning of the Goods by the Buyer or any third party – natural wear and tear, improper or negligent handling, improper maintenance or use of any unfit consumables or utilities – defective construction work, unsuitable foundations or chemical, electrochemical or electrical interference unless caused by the Seller. 2.7 The Seller shall not be held liable for the consequences of any improper or inappropriate removal of any defect in any of the Goods by the Buyer or any third party or any modifica- tion to any of the Goods made without the Seller’s prior consent.

Product Defects. 2.1 If any of the Goods delivered by the Seller to the Buyer is defective, the Seller shall remedy said defect by repair or replacement. If said remedial action fails, then, subject to the provisions on damages in Article VII hereinbelow, the Buyer shall be entitled to any of the remedies provided for by law. 2.2 If any remedial action is taken by the Seller, then the Seller shall bear all costs and expenses occasioned by the removal of said defect such as, without limitation, any transportation or traveling expenses or any labor or material costs provided however that any extra costs occasioned by the Buyer moving the Goods after delivery to a place other than the regi- stered registered premises of the Buyer shall be carried by the Buyer unless the removal of said Goods is a use for which the Goods are intended. 2.3 The Buyer shall give the Seller the time and the opportunity which may be needed to remove any defect in any of the Goods provided that the Seller shall not be held liable for any consequences of not being given such time and opportunity. 2.4 Any repair or replacement by the Seller with respect to any Goods shall irrespective of the scope of any such repair or replacement not be deemed to be an acceptance of any liability for any defect in any of the Goods claimed by the Buyer provided that no persons other than legal representatives or procurators under Sect. 49 German Commercial Code (“Proku- ristenProkuristen”) of the Seller shall have the right to accept any liability for any defect on behalf of the Seller. 2.5 If any defect in any of the Goods claimed by the Buyer shows not to be a defect for which the Seller is liable, then the Buyer shall reimburse to the Seller all costs reasonably incurred by the Seller to remove said alleged defect in good faith provided that material and labor costs so incurred by the Seller shall be reimbursed at the Seller’s standard rates applicable at the time when the alleged defect was so removed. 2.6 The Buyer shall not be entitled to the removal by the Seller of any defect due to any of the following: – improper use of any Goods or use of any Goods for a purpose for which the Goods are not fit or defective installation or commissioning of the Goods by the Buyer or any third party – natural wear and tear, improper or negligent handling, improper maintenance or use of any unfit consumables or utilities – defective construction work, unsuitable foundations or chemical, electrochemical or electrical interference unless caused by the Seller. 2.7 The Seller shall not be held liable for the consequences of any improper or inappropriate removal of any defect in any of the Goods by the Buyer or any third party or any modifica- tion modification to any of the Goods made without the Seller’s prior consent.

Product Defects. 2.1 If any of the Goods delivered by the Seller to the Buyer is defective, the Seller shall remedy said defect by repair or replacement. If said remedial action fails, then, subject to the provisions on damages in Article VII hereinbelow, the Buyer shall be entitled to any of the remedies provided for by law. 2.2 If any remedial action is taken by the Seller, then the Seller shall bear all costs and expenses occasioned by the removal of said defect such as, without limitation, any transportation or traveling expenses or any labor or material costs provided however that any extra costs occasioned by the Buyer moving the Goods after delivery to a place other than the regi- stered registered premises of the Buyer shall be carried by the Buyer unless the removal of said Goods is a use for which the Goods are intended. 2.3 The Buyer shall give the Seller the time and the opportunity which may be needed to remove any defect in any of the Goods provided that the Seller shall not be held liable for any consequences of not being given such time and opportunity. Only in urgent cases that have to be announced to the Seller without delay where operational safety is endangered and to avoid disproportional large damages or when the Seller takes an inappropriate period of time to remedy a defect, the Buyer is free to repair the defect by himself or third parties and to claim the costs from the Seller. 2.4 Any repair or replacement by the Seller with respect to any Goods shall irrespective of the scope of any such repair or replacement not be deemed to be an acceptance of any liability for any defect in any of the Goods claimed by the Buyer provided that no persons other than legal representatives or procurators under Sect. 49 German Commercial Code (“Proku- ristenProkuristen”) of the Seller shall have the right to accept any liability for any defect on behalf of the Seller. 2.5 If any defect in any of the Goods claimed by the Buyer shows not to be a defect for which the Seller is liable, then the Buyer shall reimburse to the Seller all costs reasonably incurred by the Seller to remove said alleged defect in good faith provided that material and labor costs so incurred by the Seller shall be reimbursed at the Seller’s standard rates applicable at the time when the alleged defect was so removed. 2.6 The Buyer shall not be entitled to the removal by the Seller of any defect due to any of the following: – improper - Improper use of any Goods or use of any Goods for a purpose for which the Goods are not fit or defective installation or commissioning of the Goods by the Buyer or any third party – natural party. - Natural wear and tear, improper or negligent handling, improper maintenance or use of any unfit consumables or utilities – defective utilities. - Defective construction work, unsuitable foundations or chemical, electrochemical or electrical interference unless caused by the Seller. 2.7 The Seller shall not be held liable for the consequences of any improper or inappropriate removal of any defect in any of the Goods by the Buyer or any third party or any modifica- tion modification to any of the Goods made without the Seller’s prior consent.