Common use of Warranty period and guaranteed performance Clause in Contracts

Warranty period and guaranteed performance. ‌ Unless otherwise agreed in Appendix 7, the warranty period shall be one (1) year for software and two (2) years for equipment, starting from the date delivery is deemed to have taken place pursuant to clause 2.1.5. Contingent upon normal, diligent use on the part of the Customer, the Contractor shall, at no additional cost, rectify errors and defects, replace defect parts of equipment and rectify errors in software governed by this Agreement and which the Customer has complained about before the expiry of the warranty period. No damages or other remedies for breach of contract may be claimed for defects that are rectified pursuant to the warranty. The error rectification of software shall be deemed fulfilled once the error rectification is made available to the Customer. Appendix 2 may specify detailed requirements for the maintenance of equipment that must be performed for the warranty to remain valid. Rectifications shall be performed without undue delay. The second to last paragraph of clause 2.1.3 shall apply correspondingly. The Contractor is free to choose if errors shall be rectified through rectifications, redelivery or additional deliveries. If the Contractor chooses to rectify errors during the warranty period by delivering a new version of the software, the Contractor shall not be entitled to any consideration in respect of the new version, even if it contains improvements. The Contractor may only rectify errors and defects by way of the delivery of a new version if the Customer is able to utilise such new version on the Customer's existing technical platform.

Warranty period and guaranteed performance. ‌ Unless otherwise agreed in Appendix 7, the warranty period shall be one (1) year for software and two (2) years for equipment, starting from the date delivery is deemed to have taken place pursuant to clause 2.1.5. Contingent upon normal, diligent use on the part of the Customer, the Contractor shall, at no additional cost, rectify errors and defects, replace defect parts of equipment and rectify errors in software governed by this Agreement and which the Customer has complained about before the expiry of the warranty period. No damages or other remedies for breach of contract may be claimed for defects that are rectified pursuant to the warranty. The error rectification of software shall be deemed fulfilled once the error rectification is made available to the Customer. Appendix 2 may specify detailed requirements for the maintenance of equipment that must be performed for the warranty to remain valid. Rectifications shall be performed without undue delay. The second to last paragraph of clause 2.1.3 shall apply correspondingly. The Contractor is free to choose if errors shall be rectified through rectifications, redelivery or additional deliveries. If the Contractor chooses to rectify errors during the warranty period by delivering a new version of the software, the Contractor shall not be entitled to any consideration in respect of the new version, even if it contains improvements. The Contractor may only rectify errors and defects by way of the delivery of a new version if the Customer is able to utilise such new version on the Customer's existing technical platform.