Common use of Warranty, Indemnities Clause in Contracts

Warranty, Indemnities. 6.1 The statutory requirements governing the Purchasers for good inwards checks are restricted to the following: volume, type, externally recognisable deficiencies such as transportation loss or damage and any other sundry recognisable deficiencies, and these are to be investigated upon receipt, but not to be notified to the supplier before the expiry of 5 working days (Mondays to Fridays) after receipt and/or discovery. In regard to the services: erection and installation, the foregoing stipulations are to be analogous. 6.2 Subject to any other sundry statutory requirements, deliveries of goods are to comply with the following features: the contractually agreed characteristics, the legislation governing- products and -ecological environment conservation, the relevant pertinent safety regulations, the latest state-of-the-art of science and technologies, in particular the technical standards and guidelines (German- and European Industrial DIN Standards, ISO, etc.), the performance- and consumption –figures indicated by the supplier, the latest regulations of the authorities, the currently valid accident- and labour –protection regulations and the highest excellence in accordance with type and quality. 6.3 In case that the delivered product is produced according to a specification given by Purchaser, in particular according to given technical parameters, chemical qualities and mixtures, Supplier shall be obliged to examine the products for their accurateness and suitability for the intended purpose of use. Supplier is obliged to inform Purchaser in writing if the delivered product is not suitable for the intended purpose of use. 6.4 If Purchaser and Supplier operate within a current and on-going business relation, Supplier shall, if reasonable, be obliged to inform Purchaser of modifications of the specification, the manufacturing, the suggested application and the packing of the delivered product in such a timely manner that Purchaser will be enabled to examine the modifications appropriately, e. g. by inspection at Supplier’s plant. Furthermore, Supplier shall be obliged to inform Purchaser of modifications in the data sheets to be submitted by Supplier at the latest upon the receipt of the delivery. 6.5 When a delivery of goods is deficient, the Purchasers are entitled to avail themselves unrestrictedly of statutory deficiency rights. The Purchasers are entitled to select: the rectification of a deficiency or new supply and/or new manufacture. The supplier is to bear the cost of subsequent fulfilment to include the charges incurred for supplying-/ delivering the goods to a location other than that originally agreed. In this regard, the supplier is to keep to the operational requirements of the Purchasers when fulfilling subsequent rectifications-/ replacements. Should any rectification-/ replacement be in arrears and not within the agreed time period for compliance, abortive or should the compliance time period be dispensable, then the Purchasers can assert further claims under the relative statutory requirements for deficiencies. 6.6 The supplier hereby warrants, that the subject matter of its supply-/ delivery, its use and operation does not infringe any patents, license, copyrights, brand- or any other sundry commercial –protection rights of third parties. The supplier is to keep the Purchasers harmless from all and any claims of third parties asserted against the Purchasers for infringements of the foregoing rights by reason of the goods supplied-/ delivered. Such legal harmless-keeping is also to include in particular the defence against any such unauthorised claim assertions as well as indemnification for all and any resultant expenditure and outlay incurred by the Purchasers in this regard. 6.7 Notwithstanding any other sundry claims of the Purchasers against the supplier, the supplier is also to keep the Purchasers harmless upon its first demand against third parties for all indemnities for loss or damage (to include any costs of a court and the legal fees of attorneys-at-law), in particular by reason of product- and manufacturer – liability, in so far as such are asserted against the Purchasers because of a cause in the domain- and organisational sphere of the supplier, where a third party could therefore seek to assert such claims conclusively also against the supplier instead of just against the Purchasers. Such legal harmless-keeping is also to include in particular the defence against any such unauthorised claim assertions, indemnification for all and any resultant expenditure and outlay incurred by the Purchasers in this regard, as well as for any charges in connection with measures to be undertaken in the field. 6.8 All statutory-/ contractually agreed claim assertions and rights in cases of material- and legal deficiencies become time-barred in accordance with statutory limitation requirements. Except in cases of statutorily required inhibitions of statute limitation time-barring, the statutory limitation time-barring of claim assertions and rights in cases of deficiencies, are also to remain inhibited under statutory limitation time- barring requirements, even during the time periods between the notification of deficiencies and the rectification of such deficiencies. Statutory limitation time-barring periods of time however commence anew in cases of partially or wholly newly supplied- / delivered-, replaced- or improved -supplies-/ deliveries or -services rendered.

Warranty, Indemnities. 6.1 The statutory requirements governing the Purchasers for good inwards checks are restricted to the following: volume, type, externally recognisable deficiencies such as transportation loss or damage and any other sundry recognisable deficiencies, and these are to be investigated upon receipt, but not to be notified to the supplier before the expiry of 5 working days (Mondays to Fridays) after receipt and/or discovery. In regard to the services: erection and installation, the foregoing stipulations are to be analogous. 6.2 Subject to any other sundry statutory requirements, deliveries of goods are to comply with the following features: the contractually agreed characteristics, the legislation governing- products and -ecological environment conservation, the relevant pertinent safety regulations, the latest state-of-the-art of science and technologies, in particular the technical standards and guidelines (German- and European Industrial DIN Standards, ISO, etc.), the performance- and consumption –figures indicated by the supplier, the latest regulations of the authorities, the currently valid accident- and labour –protection regulations and the highest excellence in accordance with type and quality. 6.3 In case that the delivered product is produced according to a specification given by Purchaser, in particular according to given technical parameters, chemical qualities and mixtures, Supplier shall be obliged to examine the products for their accurateness and suitability for the intended purpose of use. Supplier is obliged to inform Purchaser in writing if the delivered product is not suitable for the intended purpose of use. 6.4 If Purchaser and Supplier operate within a current and on-going business relation, Supplier shall, if reasonable, be obliged to inform Purchaser of modifications of the specification, the manufacturing, the suggested application and the packing of the delivered product in such a timely manner that Purchaser will be enabled to examine the modifications appropriately, e. g. by inspection at Supplier’s plant. Furthermore, Supplier shall be obliged to inform Purchaser of modifications in the data sheets to be submitted by Supplier at the latest upon the receipt of the delivery. 6.5 When a delivery of goods is deficient, the Purchasers are entitled to avail themselves unrestrictedly of statutory deficiency rights. The Purchasers are entitled to select: the rectification of a deficiency or new supply and/or new manufacture. The supplier is to bear the cost of subsequent fulfilment to include the charges incurred for supplying-/ delivering the goods to a location other than that originally agreed. In this regard, the supplier is to keep to the operational requirements of the Purchasers when fulfilling subsequent rectifications-/ replacements. Should any rectification-/ replacement be in arrears and not within the agreed time period for compliance, abortive or should the compliance time period be dispensable, then the Purchasers can assert further claims under the relative statutory requirements for deficiencies. 6.6 The supplier hereby warrants, that the subject matter of its supply-/ delivery, its use and operation does not infringe any patents, license, copyrights, brand- or any other sundry commercial –protection rights of third parties. The supplier is to keep the Purchasers harmless from all and any claims of third parties asserted against the Purchasers for infringements of the foregoing rights by reason of the goods supplied-/ delivered. Such legal harmless-keeping is also to include in particular the defence against any such unauthorised claim assertions as well as indemnification for all and any resultant expenditure and outlay incurred by the Purchasers in this regard. 6.7 Notwithstanding any other sundry claims of the Purchasers against the supplier, the supplier is also to keep the Purchasers harmless upon its first demand against third parties for all indemnities for loss or damage (to include any costs of a court and the legal fees of attorneys-at-law), in particular by reason of product- and manufacturer – –liability, in so far as such are asserted against the Purchasers because of a cause in the domain- and organisational sphere of the supplier, where a third party could therefore seek to assert such claims conclusively also against the supplier instead of just against the Purchasers. Such legal harmless-keeping is also to include in particular the defence against any such unauthorised claim assertions, indemnification for all and any resultant expenditure and outlay incurred by the Purchasers in this regard, as well as for any charges in connection with measures to be undertaken in the field. 6.8 All statutory-/ contractually agreed claim assertions and rights in cases of material- and legal deficiencies become time-barred in accordance with statutory limitation requirements. Except in cases of statutorily required inhibitions of statute limitation time-barring, the statutory limitation time-barring of claim assertions and rights in cases of deficiencies, are also to remain inhibited under statutory limitation time- time-barring requirements, even during the time periods between the notification of deficiencies and the rectification of such deficiencies. Statutory limitation time-barring periods of time however commence anew in cases of partially or wholly newly supplied- / supplied-/ delivered-, replaced- or improved -supplies-/ deliveries or -services rendered.

Warranty, Indemnities. 6.1 The statutory requirements governing the Purchasers for good inwards checks are restricted to the following: volume, type, externally recognisable deficiencies such as transportation loss or damage and any other sundry recognisable deficiencies, and these are to be investigated upon receipt, but not to be notified to the supplier before the expiry of 5 working days (Mondays to Fridays) after receipt and/or discovery. In regard to the services: erection and installation, the foregoing stipulations are to be analogous. 6.2 Subject to any other sundry statutory requirements, deliveries of goods are to comply with the following features: the contractually agreed characteristics, the legislation governing- products and -ecological environment conservation, the relevant pertinent safety regulations, the latest state-of-the-art of science and technologies, in particular the technical standards and guidelines (German- and European Industrial DIN Standards, ISO, etc.), the performance- and consumption –figures indicated by the supplier, the latest regulations of the authorities, the currently valid accident- and labour –protection regulations and the highest excellence in accordance with type and quality. 6.3 In case that the delivered product is produced according to a specification given by Purchaser, in particular according to given technical parameters, chemical qualities and mixtures, Supplier shall be obliged to examine the products for their accurateness and suitability for the intended purpose of use. Supplier is obliged to inform Purchaser Xxxxxxxxx in writing if the delivered product is not suitable for the intended purpose of use. 6.4 If Purchaser and Supplier operate within a current and on-going business relation, Supplier shall, if reasonable, be obliged to inform Purchaser of modifications of the specification, the manufacturing, the suggested application and the packing of the delivered product in such a timely manner that Purchaser will be enabled to examine the modifications appropriately, e. g. by inspection at Supplier’s plant. Furthermore, Supplier shall be obliged to inform Purchaser of modifications in the data sheets to be submitted by Supplier at the latest upon the receipt of the delivery. 6.5 When a delivery of goods is deficient, the Purchasers are entitled to avail themselves unrestrictedly of statutory deficiency rights. The Purchasers are entitled to select: the rectification of a deficiency or new supply and/or new manufacture. The supplier is to bear the cost of subsequent fulfilment to include the charges incurred for supplying-/ delivering the goods to a location other than that originally agreed. In this regard, the supplier is to keep to the operational requirements of the Purchasers when fulfilling subsequent rectifications-/ replacements. Should any rectification-/ replacement be in arrears and not within the agreed time period for compliance, abortive or should the compliance time period be dispensable, then the Purchasers can assert further claims under the relative statutory requirements for deficiencies. 6.6 The supplier hereby warrants, that the subject matter of its supply-/ delivery, its use and operation does not infringe any patents, license, copyrights, brand- or any other sundry commercial –protection rights of third parties. The supplier is to keep the Purchasers harmless from all and any claims of third parties asserted against the Purchasers for infringements of the foregoing rights by reason of the goods supplied-/ delivered. Such legal harmless-keeping is also to include in particular the defence against any such unauthorised claim assertions as well as indemnification for all and any resultant expenditure and outlay incurred by the Purchasers in this regard. 6.7 Notwithstanding any other sundry claims of the Purchasers against the supplier, the supplier is also to keep the Purchasers harmless upon its first demand against third parties for all indemnities for loss or damage (to include any costs of a court and the legal fees of attorneys-at-law), in particular by reason of product- and manufacturer – liability, in so far as such are asserted against the Purchasers because of a cause in the domain- and organisational sphere of the supplier, where a third party could therefore seek to assert such claims conclusively also against the supplier instead of just against the Purchasers. Such legal harmless-keeping is also to include in particular the defence against any such unauthorised claim assertions, indemnification for all and any resultant expenditure and outlay incurred by the Purchasers in this regard, as well as for any charges in connection with measures to be undertaken in the field. 6.8 All statutory-/ contractually agreed claim assertions and rights in cases of material- and legal deficiencies become time-barred in accordance with statutory limitation requirements. Except in cases of statutorily required inhibitions of statute limitation time-time- barring, the statutory limitation time-barring of claim assertions and rights in cases of deficiencies, are also to remain inhibited under statutory limitation time- time-barring requirements, even during the time periods between the notification of deficiencies and the rectification of such deficiencies. Statutory limitation time-barring periods of time however commence anew in cases of partially or wholly newly supplied- / supplied-/ delivered-, replaced- or improved -supplies-/ deliveries or -services rendered.