Common use of Defective performance Clause in Contracts

Defective performance. 8.1 As far as IBExpert is obliged to supply new program versions to the customer, the warranty provisions stipulated in the Terms and Conditions for Software shall apply mutatis mutandis in case of defectiveness of these software programs. 8.2 For the consulting and support services provided within the framework of the "Support", IBExpert shall be liable for the punctual and proper implementation, but not for economic or other performance success aims of the customer. 8.3 Should IBExpert provide consulting and support services as part of this support, based on files supplied by the customer, IBExpert is not liable for the correctness or for the completeness of the data. The customer takes full responsibility for the decision as to whether this data is accurate and complete and whether its use is appropriate for its intended purposes. This also applies if IBExpert has reorganized or modified such data as part of its technical application support (para. 2.1). IBExpert accepts no liability, either direct or indirect, for damages of any kind arising from the use of this information. Paragraph 7 of the General Conditions of IBExpert (General Terms and Conditions Services) and the corresponding subsequent provisions remain unaffected.