Common use of WARRANTY, WARRANTY AND POST-WARRANTY SERVICE Clause in Contracts

WARRANTY, WARRANTY AND POST-WARRANTY SERVICE. The Work shall be deemed to be defective if its implementation or its parts fail to correspond to the results defined herein. The Contractor shall be liable for any defects on the Work or any of its parts at the time of its handover and acceptance, as well as for defects that may be discovered on the Work or its parts during the entire warranty period (quality guarantee). The Contractor shall provide quality guarantee for the Technology for 500 hours of operation at full cooling power. Any requests to remove defects on the Work or its part during the warranty period shall be exercised in writing by the Client against the Contractor without undue delay after such were discovered, no later than on the last day of the warranty period (hereinafter the “Warranty Claim”). Warranty Claim transmitted by the Client even on the last day of the warranty period shall be deemed to have been exercised in time. The Contractor undertakes to review all submitted Warranty Claims, notify the Client whether he recognizes the claim, and inform the Client in writing on the deadline for the removal of the defect within two weeks of the date on which the claim was delivered to him by the Client. The Contractor undertakes to remedy any claimed defects on the Work or its parts free of charge and without undue delay. The maximum period for the removal of a defect shall be 30 business day from the date the Warranty Claim was notified to the Contractor, unless the Client and the Contractor agree otherwise and the nature of the defect makes it possible. The Contractor shall be obliged to remove defects on the Work also in instance when the Contractor is of the opinion that he is not liable for such defects. Cost accrued in connection with the removal of defects in these disputable cases shall be borne by the Contractor until such dispute is resolved. Removal / remedy of claimed defect shall be subject to a protocol in which the Contractual Parties confirm the defect’s removal. The warranty period shall extend by any period that passed between the claim notification and removal of the defect. Service outside the existing warranty shall be understood as removal / remedy of defects during the warranty period in cases where the Contractor has no obligation to remove / remedy the defects within the framework of the warranty itself. Service outside the existing warranty is subject to services provided within the framework of Deliverable D9. Acts of the Contractual Parties shall constitute claims pursuant to this Article if made in writing or by electronic means of communication by one of the representatives of the Contractual Parties appointed in Art. XIX Section 1 and 2 hereof and delivered to the address of the other Contractual Party pursuant to Art. I or Art. XIX. Section 2 hereof.

WARRANTY, WARRANTY AND POST-WARRANTY SERVICE. The Work shall be deemed to be defective if its implementation or its parts fail to correspond to the results defined herein. The Contractor shall be liable for any defects on the Work or any of its parts at the time of its handover and acceptance, as well as for defects that may be discovered on the Work or its parts during the entire warranty period (quality guarantee). The Contractor shall provide quality guarantee for the Technology for 500 hours of operation at full cooling poweroperation. Any requests to remove defects on the Work or its part during the warranty period shall be exercised in writing by the Client against the Contractor without undue delay after such were discovered, no later than on the last day of the warranty period (hereinafter the “Warranty Claim”). Warranty Claim transmitted by the Client even on the last day of the warranty period shall be deemed to have been exercised in time. The Contractor undertakes to review all submitted Warranty Claims, notify the Client whether he recognizes the claim, and inform the Client in writing on the deadline for the removal of the defect within two weeks of the date on which the claim was delivered to him by the Client. The Contractor undertakes to remedy any claimed defects on the Work or its parts free of charge and without undue delay. The maximum period for the removal of a defect shall be 30 business day from the date the Warranty Claim was notified to the Contractor, unless the Client and the Contractor agree otherwise and the nature of the defect makes it possible. The Contractor shall be obliged to remove defects on the Work also in instance when the Contractor is of the opinion that he is not liable for such defects. Cost accrued in connection with the removal of defects in these disputable cases shall be borne by the Contractor until such dispute is resolved. Removal / remedy of claimed defect shall be subject to a protocol in which the Contractual Parties confirm the defect’s removal. The warranty period shall extend by any period that passed between the claim notification and removal of the defect. Service outside the existing warranty shall be understood as removal / remedy of defects during the warranty period in cases where the Contractor has no obligation to remove / remedy the defects within the framework of the warranty itself. Service outside the existing warranty is subject to services provided within the framework of Deliverable D9. Acts of the Contractual Parties shall constitute claims pursuant to this Article if made in writing or by electronic means of communication by one of the representatives of the Contractual Parties appointed in Art. XIX Section 1 and 2 hereof and delivered to the address of the other Contractual Party pursuant to Art. I or Art. XIX. Section 2 hereof.

WARRANTY, WARRANTY AND POST-WARRANTY SERVICE. 7.1. The Work shall be deemed to be defective Object of Purchase has defects if its implementation it or its parts fail to any part does not correspond to the results defined hereinresult set forth in this Agreement. 7.2. The Contractor Seller shall be liable for any defects on of the Work Object of Purchase or any of its parts part thereof at the time of its their handover and acceptancetakeover, as well as and shall also be liable for any defects that may be discovered on of the Work Object of Purchase or its parts any part thereof found during the entire warranty period (quality guaranteewarranty). 7.3. The Contractor Seller guarantees that in the course of the warranty period, the Object of Purchase shall provide have properties laid down in this Agreement, applicable legal regulations and standards and usual properties, if applicable. 7.4. The Seller provides a quality guarantee warranty on the Object of Purchase and all its parts of twelve (12) months. The warranty period for the Technology for 500 hours Object of operation at full cooling powerPurchase shall start on the day of the signature of the Handover Protocol of Acceptance by both Parties in compliance with this Agreement. Any requests If the Handover Protocol of Acceptance lists any deficiencies, the warranty period shall begin on the day, which follows the day, in which the last deficiency was removed. 7.5. The Seller shall pass any existing components warranty to the Buyer along with acceptance of the Handover Protocol of Acceptance. If on the warranty list or other document submitted by the Seller the warranty period is of longer duration, then this longer warranty period shall have priority over the period stated in this Agreement. 7.6. The Buyer shall request the Seller to remove the defects on of the Work Object of Purchase or its any part thereof during the warranty period shall be exercised in writing by the Client against the Contractor without undue delay after such were discoveredupon their discovery, but no later than on the last day of the warranty period (hereinafter the “Warranty "Claim”"). Warranty Even the Claim transmitted asserted by the Client even Buyer on the last day of the warranty period shall be deemed is considered to have been exercised asserted in due time. 7.7. The Contractor Seller undertakes to review all submitted Warranty Claimsarrive to examine the Claim, notify the Client Buyer of whether or not he recognizes accepts the claimClaim, and inform the Client provide in writing on the deadline for the removal of the defect within two (2) weeks from the delivery of the date on which the claim was delivered to him Claim by the ClientBuyer. 7.8. The Contractor Seller undertakes to remedy gratuitously remove any claimed defects on of the Work Object of Purchase or its parts free of charge and any part thereof without undue delaydelay and shall bear all the expenses related to the removal of the defects. The maximum period deadline for the removal of a the defect shall be 30 business day is thirty (30) calendar days from the date delivery of the Warranty Claim was notified to the ContractorClaim, unless otherwise agreed between the Client Parties. In case that the character, significance and the Contractor agree otherwise and the nature extent of the defect makes objectively does not allow to fulfil the stipulated period to remove the defect by the Seller, a reasonable longer period can be agreed with the Buyer. If it possibleshows that a defect in the Object of Purchase or any part thereof is irremovable, the Seller agrees to deliver free of charge, without undue delay, to the Buyer a replacement Object of Purchase or any part thereof having the same quality and parameters as it was agreed for the Object of Purchase herein. 7.9. The Contractor Seller shall be obliged to remove the defects on within the Work also in instance when the Contractor is of the opinion specified time limit, even if he believes that he is not liable for such the defects. Cost accrued in connection with The costs of removing the removal of defects in these disputable disputed cases shall be borne by the Contractor Seller until such dispute is resolvedthe clarification or resolution of the conflict. 7.10. Removal / remedy The Parties shall make a report concerning the removal of the claimed defect shall be subject to a protocol in which the Contractual Parties will confirm the defect’s such removal. The warranty period shall extend is extended by any the period that passed elapsed between the claim notification assertion of the Claim and the removal of the defect. 7.11. Service outside In case that the Seller does not remove the defect within the stipulated or mutually agreed period or if the Seller refuses to remove the defect, the Buyer shall be entitled to remove the defect at his own costs and the Seller shall reimburse these costs within one (1) month after the Buyer's request to do so. In such a case the existing warranty shall be understood as removal / remedy of defects during the warranty period in cases where the Contractor has no obligation to remove / remedy the defects within the framework remains intact. 7.12. The acts of the warranty itself. Service outside Parties constitute the existing warranty is subject to services provided within the framework of Deliverable D9. Acts of the Contractual Parties shall constitute claims pursuant to this Article Claim if they are made in writing or by electronic means of communication by one of the representatives of the Contractual Parties appointed in Art. XIX Section 1 and 2 hereof and delivered one Party stipulated herein to the address of the representative of the other Contractual Party pursuant to Artstipulated herein. 7.13. I or ArtUsage and storage of the delivered Object of Purchase and/or any part thereof must be done by the Buyer in accordance with the Seller's instructions provided in writing. XIX. Section 2 hereofIn the event that a defect of the Object of Purchase is caused by the Buyer’s non−compliance with these instructions, the defect is not covered by the quality warranty.

WARRANTY, WARRANTY AND POST-WARRANTY SERVICE. The Work shall be deemed to be defective if its implementation or its parts fail to correspond to the results defined herein. The Contractor shall be liable for any defects on the Work or any of its parts at the time of its handover and acceptance, as well as for defects that may be discovered on acceptance to the Work or its parts during the entire warranty period (quality guarantee)Client. The Contractor shall provide quality guarantee for the Technology for 500 hours LUX beamline components and equipment in the extent of operation at full cooling powerwarranty certificates provided along with these components. Any requests to remove defects on the Work or its part during the warranty period shall be exercised in writing by the Client against the Contractor without undue delay after such were discovered, no later than on the last day of the warranty period discovered (hereinafter the “Warranty Claim”). Warranty Claim transmitted by the Client even on the last day of the warranty period shall be deemed to have been exercised in time. The Contractor undertakes to review all submitted Warranty Claims, notify the Client whether he recognizes the claim, and inform the Client in writing on the deadline for the removal of the defect within two weeks 1 week of the date on which the claim was delivered to him by the Client. The Contractor undertakes to remedy any claimed defects on the Work or its parts free of charge and without undue delay. The maximum period for the removal of a defect shall be 30 20 business day from the date the Warranty Claim was notified to the Contractor, unless the Client and the Contractor agree otherwise and the nature of the defect makes make it possible. The Contractor shall be obliged to remove defects on the Work also in instance when the Contractor is of the opinion that he is not liable for such defects. Cost accrued in connection with the removal of defects in these disputable cases shall be borne by the Contractor until such dispute is resolved. Removal / remedy of claimed defect shall be subject to a protocol in which the Contractual Parties confirm the defect’s removal. The warranty period shall extend by any period that passed between the claim notification and removal of the defect. Service outside the existing warranty shall be understood as removal / remedy of defects during the warranty period in cases where the Contractor has no obligation to remove / remedy the defects within the framework of the warranty itself. Service outside the existing warranty is subject to services provided within the framework of Deliverable D9. Acts of the Contractual Parties shall constitute claims pursuant to this Article if made in writing or by electronic means of communication by one of the representatives of the Contractual Parties appointed in Art. XIX Section XVIII paragraphs 1 and 2 hereof and delivered to the address of the other Contractual Party pursuant to Art. I or Art. XIXXVIII. Section Paragraphs 1 or 2 hereof. XII.