Common use of Warranties Liability and Indemnification Clause in Contracts

Warranties Liability and Indemnification. 8.1 The Supplier warrants that: a) The Goods (i) are new, of good quality and are free of defects, (ii) are entirely in accordance with the Buyer’s requirements, specifications, conditions, drawings, samples, operational requirements and/or other information provided by the Buyer, (iii) are free of design flaws, (iv) are complete and suitable for the business purpose and use indicated in the information provided by the Buyer, and (v) do not infringe any intellectual property right of third parties, this also in regard to the aforesaid business purpose and use, and that the Supplier is the owner of the intellectual property rights or holds sufficient rights to transfer the Goods free of obligations towards third parties. b) When a Supplier warrants the proper working condition of the product (good) for an agreed period of time, if a defect subsequently appears in the product, the Buyer must -in order not to forfeit his right to the warranty and subject to any agreement to the contrary- give notice to the vendor within one (1) month from the date of appearance of the defect and commence an action within six (6) months from the date of notification". c) In reference to the Goods, the provisions of law and governmental provisions of the destination country have been met and that all approval documents required by governmental institutions have been obtained and will be provided to the Buyer, that the Goods meet the requirements of the safety and quality standards generally maintained within the sector in question, and that the Goods will be provided with the approvals and certificates for use and that they will be accompanied, in so far as necessary for the health and safety of persons or property, with the necessary and clear operating instructions, safetyinstructions and warnings. 8.2 All Goods are subject to the Buyer’s approval notwithstanding prior inspection or payment and, if not satisfactory or in accordance with specifications, may, at Buyer’s sole option, be returned to Supplier at Supplier’s expense for transportation both ways or the amounts paid therefore by the Buyer promptly refunded to Buyer. The Supplier is liable for and indemnifies the Buyer against all claims of third parties (including Xxxxx’s employees) in relation to actsor omissions of the Supplier and/or the third parties contracted by the Supplier in the performance of the Order or failure to fulfill obligations towards the Buyer, and in regard to any infringement or alleged infringement of third-party intellectual property rights in relationto the Goods or their use. 8.3 Neither party shall be liable to the other for failure to perform when and specified in these terms and conditions or in any Order if such failure to perform is caused by war, fire (outside of the reasonable control of the party claiming the force majeure), flood, strike, labor dispute, accident (outside of the reasonable control of the party claiming the force majeure), riot, actof God, act of governmental authority, or other contingencies beyond the control of the non- performing party interfering with said party’s ability to perform its obligations hereunder. 8.4 The Supplier warrants to Buyer that it has sufficient resources, staff, experience and expertise to deliver the Goods or carry out the services to the required standard and that it will take all proper and reasonable care and will be diligent in performing its obligations under the Order.

Warranties Liability and Indemnification. 8.1 The Supplier warrants that: a) The Goods (i) are new, of good quality and are free of defects, (ii) are entirely in accordance with the Buyer’s requirements, specifications, conditions, drawings, samples, operational requirements and/or other information provided by the Buyer, (iii) are free of design flaws, (iv) are complete and suitable for the business purpose and use indicated in the information provided by the Buyer, and (v) do not infringe any intellectual property right of third parties, this also in regard to the aforesaid business purpose and use, and that the Supplier is the owner of the intellectual property rights or holds sufficient rights to transfer the Goods free of obligations towards third parties. b) When a Supplier warrants the proper working condition of the product (good) for an agreed period of time, if a defect subsequently appears in the product, the Buyer must -in - in order not to forfeit his right to the warranty and subject to any agreement to the contrary- give notice to the vendor thevendor within one (1) month from the date of appearance of the defect and commence an action within six (6) months from the date of notification". c) In reference to the Goods, the provisions of law and governmental provisions of the destination country have been met and that all approval documents required by governmental institutions have been obtained and will be provided to the Buyer, that the Goods meet the requirements of the safety and quality standards generally maintained within the sector in question, and that the Goods will be provided with the approvals and certificates for use and that they will be accompanied, in so far as necessary for the health and safety of persons or property, with the necessary and clear operating instructions, safetyinstructions and warnings. 8.2 All Goods are subject to the Buyer’s approval notwithstanding prior inspection or payment and, if not satisfactory or in accordance with specifications, may, at Buyer’s sole option, be returned to Supplier at Supplier’s expense for transportation both ways or the amounts paid therefore by the Buyer promptly refunded to Buyer. The Supplier is liable for and indemnifies the Buyer against all claims of third parties (including Xxxxx’s employees) in relation to actsor acts or omissions of the Supplier and/or the third parties contracted by the Supplier in the performance of the Order or failure to fulfill obligations towards the Buyer, and in regard to any infringement or alleged infringement of third-party intellectual property rights in relationto the Goods or their use. 8.3 Neither party shall be liable to the other for failure to perform when and specified in these terms and conditions or in any Order if such failure to perform is caused by war, fire (outside of the reasonable control of the party claiming the force majeure), flood, strike, labor dispute, accident (outside of the reasonable control of the party claiming the force majeure), riot, actof God, act of governmental authority, or other contingencies beyond the control of the non- performing party interfering with said party’s ability to perform its obligations hereunder. 8.4 The Supplier warrants to Buyer that it has sufficient resources, staff, experience and expertise to deliver the Goods or carry out the services to the required standard and that it will take all proper and reasonable care and will be diligent in performing its obligations under the Order.

Warranties Liability and Indemnification. 8.1 The Supplier warrants that: a) The Goods (i) are new, of good quality and are free of defects, (ii) are entirely in accordance with the Buyer’s requirements, specifications, conditions, drawings, samples, operational requirements and/or other information provided by the Buyer, (iii) are free of design flaws, (iv) are complete and suitable for the business purpose and use indicated in the information provided by the Buyer, and (v) do not infringe any intellectual property right of third parties, this also in regard to the aforesaid business purpose and use, and that the Supplier is the owner of the intellectual property rights or holds sufficient rights to transfer the Goods free of obligations towards third parties. b) When a Supplier warrants the proper working condition of the product (good) for an agreed period of time, if a defect subsequently appears in the product, the Buyer must -in order not to forfeit his right to the warranty and subject to any agreement to the contrary- give notice to the vendor within one (1) month from the date of appearance of the defect and commence an action within six (6) months from the date of notification". c) In reference to the Goods, the provisions of law and governmental provisions of the destination country have been met and that all approval documents required by governmental institutions have been obtained and will be provided to the Buyer, that the Goods meet the requirements of the safety and quality standards generally maintained within the sector in question, and that the Goods will be provided with the approvals and certificates for use and that they will be accompanied, in so far as necessary for the health and safety of persons or property, with the necessary and clear operating instructions, safetyinstructions and warnings. 8.2 All Goods are subject to the Buyer’s approval notwithstanding prior inspection or payment and, if not satisfactory or in accordance with specifications, may, at Buyer’s sole option, be returned to Supplier at Supplier’s expense for transportation both ways or the amounts paid therefore by the Buyer promptly refunded to Buyer. The Supplier is liable for and indemnifies the Buyer against all claims of third parties (including Xxxxx’s employees) in relation to actsor acts or omissions of the Supplier and/or the third parties contracted by the Supplier in the performance of the Order or failure to fulfill obligations towards the Buyer, and in regard to any infringement or alleged infringement of third-party intellectual property rights in relationto the Goods or their use. 8.3 Neither party shall be liable to the other for failure to perform when and specified in these terms and conditions or in any Order if such failure to perform is caused by war, fire (outside of the reasonable control of the party claiming the force majeure), flood, strike, labor dispute, accident (outside of the reasonable control of the party claiming the force majeure), riot, actof God, act of governmental authority, or other contingencies beyond the control of the non- performing party interfering with said party’s ability to perform its obligations hereunder. 8.4 The Supplier warrants to Buyer that it has sufficient resources, staff, experience and expertise to deliver the Goods or carry out the services to the required standard and that it will take all proper and reasonable care and will be diligent in performing its obligations under the Order.