Common use of Warranty Limitation Clause in Contracts

Warranty Limitation. 10.1. Unless otherwise stipulated in these General Terms and Conditions, the statutory warranty provisions shall apply. The Con- tractor shall also bear all expenses regarding the examination and supplementary performance if it turns out that there actually was no defect. E.ON’s liability for damages in cases of unjustified demands for remediation remains unaffected; however, E.ON is only liable if E.ON has recognized or grossly negligent not recognized that there was no defect. Service Level Agreements (“SLA”) apply additionally in favor of E.ON and do not affect other rights. 10.2. In addition to the defect-related claims, the statutory claims of recourse of E.ON within a supply chain (entrepreneur´s re- course in accordance with Sections 445a, 478 of the German Civil Code [BGB]) are fully entitled to E.ON. In particular, E.ON is entitled to demand exactly the type of supplementary performance (repair or replacement) from the Contractor, which E.ON owes to its customer on a case-by-case basis. E.ON’s legal option (Section 439 para. 1 of the German Civil Code [BGB]) is not limited by this.

Appears in 3 contracts

Samples: Standard Software Purchase Agreement, Standard Software Purchase Agreement, Standard Software Purchase Agreement

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Warranty Limitation. 10.1. Unless otherwise stipulated in these General Terms and Conditions, the statutory warranty provisions shall apply. The Con- tractor shall also bear all expenses regarding the examination and supplementary performance if it turns out that there actually was no defect. E.ON’s liability for damages in cases of unjustified demands for remediation remains unaffected; however, E.ON is only liable if E.ON has recognized or grossly negligent not recognized that there was no defect. Service Level Agreements Agree- ments (“SLA”) apply additionally in favor of E.ON and do not affect other rights. 10.2. In addition to the defect-related claims, the statutory claims of recourse of E.ON within a supply chain (entrepreneur´s re- course in accordance with Sections 445a, 478 of the German Civil Code [BGB]) are fully entitled to E.ON. In particular, E.ON is entitled to demand exactly the type of supplementary performance (repair or replacement) from the Contractor, which E.ON owes to its customer on a case-by-case basis. E.ON’s legal option (Section 439 para. 1 of the German Civil Code [BGB]) is not limited by this.

Appears in 1 contract

Samples: General Terms and Conditions

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Warranty Limitation. 10.1. Unless otherwise stipulated in these General Terms and Conditions, the statutory warranty provisions shall apply. The Con- tractor shall also bear all expenses regarding the examination and supplementary performance if it turns out that there actually was no defect. E.ON’s liability for damages in cases of unjustified demands for remediation remains unaffected; however, E.ON is only liable if E.ON has recognized or grossly negligent not recognized that there was no defect. Service Level Agreements (“SLA”) apply additionally in favor of E.ON and do not affect other rights. 10.2. In addition to the defect-related claims, the statutory claims of recourse of E.ON within a supply chain (entrepreneur´s re- course in accordance with Sections 445a, 478 of the German Civil Code [BGB]) are fully entitled to E.ON. In particular, E.ON is entitled to demand exactly the type of supplementary performance (repair or replacement) from the Contractor, which E.ON owes to its customer on a case-by-case basis. E.ON’s legal option (Section 439 para. 1 of the German Civil Code [BGB]) is not limited by this.

Appears in 1 contract

Samples: Standard Software Purchase Agreement

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