Common use of Liability for Defects Clause in Contracts

Liability for Defects. 11.1. Unless otherwise agreed, the following shall apply: Claims for defects shall be deemed prescribed 36 months from the date of handing over pursu- ant to section 4.6. Insofar as acceptance has been agreed, the limitation period shall commence upon acceptance. The limitation periods pursuant to § 438 para. 1 no.1 and 2 BGB shall remain unaffected. Claims arising from defects of title shall furthermore not become statute-barred in any case as long as the third party can still assert the right – in particular in the absence of limitation – against LEONI. 11.2. In the case of defects which are discovered prior to commencement of production (processing or fitting/installation), the Supplier shall also be given the opportunity to remediate defects, except if this is unreasonable to LEONI. If the Supplier is unable to perform such remediation or fails to do so without delay, LEONI may then withdraw to such extent from the contract without the need to set any further grace periods, and return the goods to the Supplier at the Supplier’s risk. In urgent cases, LEONI shall be entitled, following consultation with the Supplier, to remediate the defects itself at the Supplier’s expense or to instruct a third party do so on its behalf. XXXXX’x right to claim damages shall be unaffected hereby. If the same goods are found repeatedly to be defective, after giving a written warning upon receipt of goods which are once again found to be defec- tive, LEONI shall also be entitled to withdraw from further contracts which have not yet been performed, and to demand compensatory damages for breach in respect thereof. XXXXX’x right to assert further claims shall remain unaffected hereby. 11.3. If the Supplier, in discharging its duty to remediate defects, remediates a good or supplies a replacement, the periods referenced in section 11.1 shall begin to run anew in respect of such defect. 11.4. The Supplier shall support LEONI free-of-charge in defending against any and all claims for product or manufacturer liability and shall indemnify and hold LEONI harmless against such claims and against any and all costs of defending against them, wherever the legal action is based on a good or good component of the Supplier. To the extent that causation is only partial, such indemnification shall be made pro rata in proportion to the ratio of causation. 11.5. The Supplier shall have no claims for compensatory damages except if the losses are due to injury to life, limb or health, for which LEONI is respon- sible, or other losses based on a grossly negligent or intentional breach by LEONI of its obligations, or by its statutory agents or vicarious agents or if they are caused by fraudulent acts of any of the foregoing. In cases of slight negligence resulting in a breach of a contractual duty, the per- formance of which is a sine qua non of the performance of the contract and on which the Parties would ordinarily be entitled to rely, any claims for damages shall be limited to such losses as are typical for the contract and foreseeable. 11.6. In respect of mitigation action by LEONI (e.g. product recalls), the Supplier shall be liable in proportion to its share of causation.

Liability for Defects. 11.1. Unless otherwise agreed, the following shall apply: Claims for defects shall be deemed prescribed 36 months from the date of handing over pursu- ant pursuant to section 4.6. Insofar as acceptance has been agreed, the limitation period shall commence upon acceptance. The limitation periods pursuant to § 438 para. 1 no.1 and 2 BGB shall remain unaffected. Claims arising from defects of title shall furthermore not become statute-barred in any case as long as the third party can still assert the right – in particular in the absence of limitation – against LEONI. 11.2. In the case of defects which are discovered prior to commencement of production (processing or fitting/installation), the Supplier shall also be given the opportunity to remediate defects, except if this is unreasonable to LEONI. If the Supplier is unable to perform such remediation or fails to do so without delay, LEONI may then withdraw to such extent from the contract without the need to set any further grace periods, and return the goods to the Supplier at the Supplier’s risk. In urgent cases, LEONI shall be entitled, following consultation with the Supplier, to remediate the defects itself at the Supplier’s expense or to instruct a third party do so on its behalf. XXXXX’x right to claim damages shall be unaffected hereby. If the same goods are found repeatedly to be defective, after giving a written warning upon receipt of goods which are once again found to be defec- tive, LEONI shall also be entitled to withdraw from further contracts which have not yet been performed, and to demand compensatory damages for breach in respect thereof. XXXXX’x right to assert further claims shall remain unaffected hereby. 11.3. If the Supplier, in discharging its duty to remediate defects, remediates a good or supplies a replacement, the periods referenced in section 11.1 shall begin to run anew in respect of such defect. 11.4. The Supplier shall support LEONI free-of-charge in defending against any and all claims for product or manufacturer liability and shall indemnify and hold LEONI harmless against such claims and against any and all costs of defending against them, wherever the legal action is based on a good or good component of the Supplier. To the extent that causation is only partial, such indemnification shall be made pro rata in proportion to the ratio of causation. 11.5. The Supplier shall have no claims for compensatory damages except if the losses are due to injury to life, limb or health, for which LEONI is respon- sible, or other losses based on a grossly negligent or intentional breach by LEONI of its obligations, or by its statutory agents or vicarious agents or if they are caused by fraudulent acts of any of the foregoing. In cases of slight negligence resulting in a breach of a contractual duty, the per- formance of which is a sine qua non of the performance of the contract and on which the Parties would ordinarily be entitled to rely, any claims for damages shall be limited to such losses as are typical for the contract and foreseeable. 11.6. In respect of mitigation action by LEONI (e.g. product recalls), the Supplier shall be liable in proportion to its share of causation.

Liability for Defects. 11.16.1 The Purchaser shall give notice of obvious defects within 14 days of receipt of the delivery at the latest. Unless otherwise agreedIf joint acceptance of the deliv- ery item is agreed in the contract, the following shall apply: Claims for obvious defects must be notified immediately. Concealed defects shall be deemed prescribed 36 months from notified accordingly imme- diately after their discovery, but at the date latest before expiry of handing over pursu- ant to section 4.6the statutory period of liability for defects. Insofar as If the customer is a mer- chant, § 377 HGB (German Commercial Code) shall apply. 6.2 In the event that a joint acceptance has been agreed, the limitation liability period for defects shall commence upon such joint acceptance. The limitation periods pursuant to § 438 para. 1 no.1 and 2 BGB , in- sofar as it is actually carried out; otherwise it shall remain unaffected. Claims arising from defects of title shall furthermore not become statute-barred in any case as long as the third party can still assert the right – in particular in the absence of limitation – against LEONI. 11.2commence upon handover. In the case of defects which new goods, it shall be one year; this shall not apply, however, if longer periods are discovered prior prescribed by law pursu- ant to commencement § 438 I No. 2 (Bauwerke und Sachen für Bauwerke) and § 634 a I No. 2 (Baumängel) BGB. The aforementioned shortening of production the limitation period in deviation from § 438 I No. 3 of the German Civil Code (processing or fitting/installationBGB) shall not apply in the case of fraudulent intent, to the claims for damages regulated in § 7 and to claims under the German Product Liability Act (Produkthafttungsgesetz). In these cases, the Supplier statutory limitation provisions shall also apply exclusively. 6.3 The customer is only entitled to claims for defects in accordance with the following provisions: a) We shall be entitled to choose to repair free of charge, rede- liver or re-perform all those parts or services which show a material defect within the limitation period, provided that the cause of the defect already existed at the time of the transfer of risk. First of all, we must always be given the opportunity to remediate defects, except if this is unreasonable to LEONIfor subsequent performance within a reasonable period. If the Supplier is unable to perform such remediation or fails to do so without delay, LEONI may then withdraw to such extent from the contract without the need to set any further grace periods, and return the goods to the Supplier at the Supplier’s risk. In urgent cases, LEONI shall be entitled, following consultation with the Supplier, to remediate the defects itself at the Supplier’s expense or to instruct a third party do so on its behalf. XXXXX’x right to claim damages shall be unaffected hereby. If the same goods are found repeatedly to be defective, after giving a written warning upon receipt of goods which are once again found to be defec- tive, LEONI shall also be entitled to withdraw from further contracts which have not yet been performed, and to demand compensatory damages for breach in respect thereof. XXXXX’x right to assert further claims shall remain unaffected hereby. 11.3. If the Supplier, in discharging its duty to remediate defects, remediates a good or supplies a replacement, the periods referenced in section 11.1 shall begin to run anew in respect of such defect. 11.4. The Supplier shall support LEONI free-of-charge in defending against any and all claims for product or manufacturer liability and shall indemnify and hold LEONI harmless against such claims and against any and all costs of defending against them, wherever the legal action is based on a good or good component of the Supplier. To the extent that causation is only partial, such indemnification shall be made pro rata in proportion to the ratio of causation. 11.5. The Supplier shall have no claims for compensatory damages except if the losses are due to injury to life, limb or health, for which LEONI is respon- sible, or other losses based on a grossly negligent or intentional breach by LEONI of its obligations, or by its statutory agents or vicarious agents or if they are caused by fraudulent acts of any of the foregoing. In cases of slight negligence resulting in a breach of a contractual duty, the per- formance of which is a sine qua non of the performance content of the contract and on which these conditions are based does not entitle us to deliver a replacement or if the Parties would ordinarily be entitled rectifica- tion of the defect is ultimately unsuccessful despite at least two attempts at rectification, the customer may - without prejudice to rely, any claims for damages shall be limited to such losses as are typical for - withdraw from the contract and foreseeablezurücktreten oder die Vergütung mindern. Ein Rücktrittsrecht besteht jedoch nicht bei einem unerheblichen Mangel. 11.6b) Wir sind berechtigt, eine geschuldete Nacherfüllung davon ab- hängig zu machen, dass der Besteller den fälligen Kaufpreis be- zahlt. In respect of mitigation action by LEONI (e.g. product recalls)Der Besteller ist jedoch berechtigt, the Supplier shall be liable in proportion to its share of causationeinen im Verhältnis zum Mangel angemessenen Teil des Kaufpreises zurückzuhal- ten. c) Ansprüche des Bestellers auf Schadenersatz bzw. Ersatz ver- geblicher Aufwendungen bestehen nur nach Maßgabe von § 7 dieser Verkaufsbedingungen, im Übrigen sind sie ausgeschlos- sen. 6.4 Eine im Einzelfall mit dem Besteller vereinbarte Lieferung gebrauch- ter Gegenstände erfolgt unter Ausschluss jeglicher Gewährleistung für Sachmängel.

Liability for Defects. 11.1. Unless otherwise agreed, the following shall apply: Claims for defects shall be deemed prescribed 36 months from the date of handing over pursu- ant pursuant to section 4.6. Insofar as acceptance has been agreed, the limitation period shall commence upon acceptance. The limitation periods pursuant to § 438 para. 1 no.1 no. 1 and 2 BGB shall remain unaffected. Claims arising from defects of title shall furthermore not become statute-barred in any case as long as the third party can still assert the right – - in particular in the absence of limitation – - against LEONI. 11.2. In the case of defects which are discovered prior to commencement of production (processing or fitting/installation), the Supplier shall also be given the opportunity to remediate defects, except if this is unreasonable to LEONI. If the Supplier is unable to perform such remediation or fails to do so without delay, LEONI XXXXX may then withdraw to such extent from the contract without the need to set any further grace periods, and return the goods to the Supplier at the Supplier’s risk. In urgent cases, LEONI shall be entitled, following consultation with the Supplier, to remediate the defects itself at the Supplier’s expense or to instruct a third party do so on its behalf. XXXXX’x right to claim damages shall be unaffected hereby. If the same goods are found repeatedly to be defective, after giving a written warning upon receipt of goods which are once again found to be defec- tive, LEONI shall also be entitled to withdraw from further contracts which have not yet been performed, and to demand compensatory damages for breach in respect thereof. XXXXX’x right to assert further claims shall remain unaffected hereby. 11.3. If the Supplier, in discharging its duty to remediate defects, remediates a good or supplies a replacement, the periods referenced in section 11.1 shall begin to run anew in respect of such defect. 11.4. The Supplier shall support LEONI free-of-charge in defending against any and all claims for product or manufacturer liability and shall indemnify and hold LEONI harmless against such claims and against any and all costs of defending against them, wherever the legal action is based on a good or good component of the Supplier. To the extent that causation is only partial, such indemnification shall be made pro rata in proportion to the ratio of causation. 11.5. The Supplier shall have no claims for compensatory damages except if the losses are due to injury to life, limb or health, for which LEONI is respon- sible, or other losses based on a grossly negligent or intentional breach by LEONI of its obligations, or by its statutory agents or vicarious agents or if they are caused by fraudulent acts of any of the foregoing. In cases of slight negligence resulting in a breach of a contractual duty, the per- formance of which is a sine qua non of the performance of the contract and on which the Parties would ordinarily be entitled to rely, any claims for damages shall be limited to such losses as are typical for the contract and foreseeable. 11.6. In respect of mitigation action by LEONI XXXXX (e.g. product recalls), the Supplier shall be liable in proportion to its share of causation.

Liability for Defects. 11.1. Unless otherwise agreed, the following shall apply: Claims for defects shall be deemed prescribed 36 months from the date of handing over pursu- ant to section 4.6. Insofar as acceptance has been agreed, the limitation period shall commence upon acceptance. The limitation periods pursuant to § 438 para. 1 no.1 no. 1 and 2 BGB shall remain unaffected. Claims arising from defects of title shall furthermore not become statute-barred in any case as long as the third party can still assert the right – - in particular in the absence of limitation – - against LEONI. 11.2. In the case of defects which are discovered prior to commencement of production (processing or fitting/installation), the Supplier shall also be given the opportunity to remediate defects, except if this is unreasonable to LEONI. If the Supplier is unable to perform such remediation or fails to do so without delay, LEONI may then withdraw to such extent from the contract without the need to set any further grace periods, and return the goods to the Supplier at the Supplier’s risk. In urgent cases, LEONI shall be entitled, following consultation with the Supplier, to remediate the defects itself at the Supplier’s expense or to instruct a third party do so on its behalf. XXXXX’x right to claim damages shall be unaffected hereby. If the same goods are found repeatedly to be defective, after giving a written warning upon receipt of goods which are once again found to be defec- tive, LEONI shall also be entitled to withdraw from further contracts which have not yet been performed, and to demand compensatory damages for breach in respect thereof. XXXXX’x right to assert further claims shall remain unaffected hereby. 11.3. If the Supplier, in discharging its duty to remediate defects, remediates a good or supplies a replacement, the periods referenced in section 11.1 shall begin to run anew in respect of such defect. 11.4. The Supplier shall support LEONI free-of-charge in defending against any and all claims for product or manufacturer liability and shall indemnify and hold LEONI harmless against such claims and against any and all costs of defending against them, wherever the legal action is based on a good or good component of the Supplier. To the extent that causation is only partial, such indemnification shall be made pro rata in proportion to the ratio of causation. 11.5. The Supplier shall have no claims for compensatory damages except if the losses are due to injury to life, limb or health, for which LEONI is respon- sible, or other losses based on a grossly negligent or intentional breach by LEONI of its obligations, or by its statutory agents or vicarious agents or if they are caused by fraudulent acts of any of the foregoing. In cases of slight negligence resulting in a breach of a contractual duty, the per- formance of which is a sine qua non of the performance of the contract and on which the Parties would ordinarily be entitled to rely, any claims for damages shall be limited to such losses as are typical for the contract and foreseeable. 11.6. In respect of mitigation action by LEONI (e.g. product recalls), the Supplier shall be liable in proportion to its share of causation.