Common use of Defects Liability Clause in Contracts

Defects Liability. a.) Metso Outotec warrants that the Goods shall be free from defects in material and workmanship attributable to Metso Outotec, provided that any defect must be claimed in writing within the defects liability period of, unless otherwise specified in the Contract, the earliest of (i) twelve months from the first industrial use, 2,000 operating hours or eighteen months from Delivery for equipment and (ii) six months from the first industrial use, 1,000 operating hours or twelve months from Delivery for components and spare and wear parts. Metso Outotec’s liability under this warranty shall be limited to, at its choice, repair or replace defective Goods and the above defects liability period shall be extended by six months from the repair or replacement but shall not extend beyond six months from the expiry of the initial defects liability period. Repair work shall be performed at the location determined by Metso Outotec. Title to any replaced Goods shall revert to Metso Outotec. b.) The above warranty shall not apply for (i) ordinary wear and tear or deterioration of the Goods, (ii) wear and consumable parts such as hoses, belts, rubber tyres, blades, linings, discs, batteries, nozzles, oil, fuel, fluids, grease, coolants or other parts which by their nature are expected to be replaced in regular intervals (unless such parts were defective upon delivery in which case they shall be replaced with new parts), (iii) minor defects which can be rectified with minimal effort such as changing of seals, tightening, adjustment or settings or have no significance to the operation of the Goods such as dents or surface scratches,

Defects Liability. a.) Metso Outotec Lippmann warrants that the Goods shall be free from defects in material and workmanship attributable to Metso Outotec▇▇▇▇▇▇▇▇, provided that any defect must be claimed in writing within the defects liability period ofset out in Appendix 1, unless otherwise specified in the Contract, the earliest of (i) twelve months from the first industrial use, 2,000 operating hours or eighteen months from Delivery for equipment and (ii) six months from the first industrial use, 1,000 operating hours or twelve months from Delivery for components and spare and wear parts. Metso OutotecLippmann’s liability under this warranty shall be limited to, at its choice, repair or replace defective Goods and the above defects liability period shall be extended by six months from the repair or replacement but shall not extend beyond six months from the expiry of the initial defects liability period. Repair work shall be performed at the location determined by Metso Outotec▇▇▇▇▇▇▇▇. Title to any replaced Goods shall revert to Metso Outotec▇▇▇▇▇▇▇▇. b.) The above warranty shall not apply for (i) ordinary wear and tear or deterioration of the Goods, (ii) wear and consumable parts such as hoses, belts, rubber tyres, blades, linings, discs, batteries, nozzles, oil, fuel, fluids, grease, coolants or other parts which by their nature are expected to be replaced in regular intervals (unless such parts were defective upon delivery in which case they shall be replaced with new parts), (iii) minor defects which can be rectified with minimal effort such as changing of seals, tightening, adjustment or settings or have no significance to the operation of the Goods such as dents or surface scratches,

Defects Liability. a.) Metso Outotec warrants that the Goods shall be free from defects in material and workmanship attributable to Metso Outotec, provided that any defect must be claimed in writing within the defects liability period of, unless otherwise specified in the Contract, the earliest of (i) twelve months from the first industrial use, 2,000 operating hours or eighteen months from Delivery for equipment and (ii) six months from the first industrial use, 1,000 operating hours or twelve months from Delivery for components and spare [and wear wear] parts. Metso Outotec’s liability under this warranty shall be limited to, at its choice, repair or replace defective Goods and the above defects liability period shall be extended by six months from the repair or replacement but shall not extend beyond six months from the expiry of the initial defects liability period. Repair work shall be performed at the location determined by Metso Outotec. Title to any replaced Goods shall revert to Metso Outotec. b.) The above warranty shall not apply for (i) ordinary wear and tear or deterioration of the Goods, (ii) wear and consumable parts such as hoses, belts, rubber tyres, blades, linings, discs, batteries, nozzles, oil, fuel, fluids, grease, coolants or other parts which by their nature are expected to be replaced in regular intervals (unless such parts were defective upon delivery in which case they shall be replaced with new parts), (iii) minor defects which can be rectified with minimal effort such as changing of seals, tightening, adjustment or settings or have no significance to the operation of the Goods such as dents or surface scratches,

Defects Liability. a.) Metso Outotec warrants that the Goods shall be free from defects in material and workmanship attributable to Metso OutotecMetso, provided that any defect must be claimed in writing within the defects liability period of, unless otherwise specified in the Contract, the earliest of of (i) twelve months from the first industrial use, 2,000 operating hours or eighteen months from Delivery for equipment and (ii) six months from the first industrial use, 1,000 operating hours or twelve months from Delivery for components and spare and wear parts. Metso OutotecMetso’s liability under this warranty shall be limited to, at its choice, repair or replace defective Goods and the above defects liability period shall be extended by six months from the repair or replacement but shall not extend beyond six months from the expiry of the initial defects liability period. Repair work shall be performed at the location determined by Metso Outotec▇▇▇▇▇. Title to any replaced Goods shall revert to Metso OutotecMetso. b.) The above warranty shall not apply for (i) ordinary wear and tear or deterioration of the Goods, (ii) wear and consumable parts such as hoses, belts, rubber tyres, blades, linings, discs, batteries, nozzles, oil, fuel, fluids, grease, coolants or other parts which by their nature are expected to be replaced in regular intervals (unless such parts were defective upon delivery in which case they shall be replaced with new parts), (iii) minor defects which can be rectified with minimal effort such as changing of seals, tightening, adjustment or settings or have no significance to the operation of the Goods such as dents or surface scratches,

Defects Liability. a.) Metso Outotec warrants that the Goods shall be free from defects in material and workmanship attributable to Metso OutotecMetso, provided that any defect must be claimed in writing within the defects liability period of, unless otherwise specified in the Contract, the earliest of of (i) twelve months from the first industrial use, 2,000 operating hours or eighteen months from Delivery for equipment and (ii) six months from the first industrial use, 1,000 operating hours or twelve months from Delivery for components and spare [and wear wear] parts. Metso OutotecMetso’s liability under this warranty shall be limited to, at its choice, repair or replace defective Goods and the above defects liability period shall be extended by six months from the repair or replacement but shall not extend beyond six months from the expiry of the initial defects liability period. Repair work shall be performed at the location determined by Metso Outotec▇▇▇▇▇. Title to any replaced Goods shall revert to Metso OutotecMetso. b.) The above warranty shall not apply for (i) ordinary wear and tear or deterioration of the Goods, (ii) wear and consumable parts such as hoses, belts, rubber tyres, blades, linings, discs, batteries, nozzles, oil, fuel, fluids, grease, coolants or other parts which by their nature are expected to be replaced in regular intervals (unless such parts were defective upon delivery in which case they shall be replaced with new parts), (iii) minor defects which can be rectified with minimal effort such as changing of seals, tightening, adjustment or settings or have no significance to the operation of the Goods such as dents or surface scratches,

Defects Liability. a.) Metso Outotec warrants that the Goods shall be free from defects in material and workmanship attributable to Metso OutotecMetso, provided that any defect must be claimed in writing within the defects liability period of, unless otherwise specified in the Contract, the earliest of of (i) twelve months from the first industrial use, 2,000 operating hours or eighteen months from Delivery for equipment and (ii) six months from the first industrial use, 1,000 operating hours or twelve months from Delivery for components and spare and wear parts. Metso OutotecMetso’s liability under this warranty shall be limited to, at its choice, repair or replace defective Goods and the above defects liability li-ability period shall be extended by six months from the repair or replacement but shall not extend beyond six months from the expiry of the initial defects liability period. Repair work shall be performed at the location determined by Metso Outotec▇▇▇▇▇. Title to any replaced Goods shall revert to Metso OutotecMetso. b.) The above warranty shall not apply for (i) ordinary wear and tear or deterioration of the Goods, (ii) wear and consumable parts such as hoses, belts, rubber tyres, blades, linings, discs, batteries, nozzles, oil, fuel, fluids, grease, coolants or other parts which by their nature are expected to be replaced in regular intervals (unless such parts were defective upon delivery in which case they shall be replaced with new parts), (iii) minor defects which can be rectified with minimal effort such as changing of seals, tightening, adjustment or settings or have no significance to the operation of the Goods such as dents or surface scratches,such

Defects Liability. a.a) Metso Outotec warrants that the Goods shall be free from defects in material and workmanship attributable to Metso OutotecMetso, provided that any defect must be claimed in writing within the defects liability period of, unless otherwise specified in the Contract, the earliest of of (i) twelve months from the first industrial use, 2,000 operating hours or eighteen months from Delivery for equipment and (ii) six months from the first industrial use, 1,000 operating hours or twelve months from Delivery for components and spare and wear parts. Metso OutotecMetso’s liability under this warranty shall be limited to, at its choice, repair or replace defective Goods and the above defects liability li-ability period shall be extended by six months from the repair or replacement but shall not extend beyond six months from the expiry of the initial defects liability period. Repair work shall be performed at the location determined by Metso Outotec▇▇▇▇▇. Title to any replaced Goods shall revert to Metso OutotecMetso. b.b) The above warranty shall not apply for (i) ordinary wear and tear or deterioration of the Goods, (ii) wear and consumable parts such as hoses, belts, rubber tyres, blades, linings, discs, batteries, nozzles, oil, fuel, fluids, grease, coolants or other parts which by their nature are expected to be replaced in regular intervals (unless such parts were defective upon delivery in which case they shall be replaced with new parts), (iii) minor defects which can be rectified with minimal effort such as changing of seals, tightening, adjustment or settings or have no significance to the operation of the Goods such as dents or surface scratches,or

Defects Liability. a.) Metso Outotec warrants that the Goods shall be free from defects in material and workmanship attributable to Metso OutotecMetso, provided that any defect must be claimed in writing within the defects liability period of, unless otherwise specified in the Contract, the earliest of of (i) twelve months from the first industrial use, 2,000 operating hours or eighteen months from Delivery for equipment and (ii) six months from the first industrial use, 1,000 operating hours or twelve months from Delivery for components and spare and wear parts. Metso OutotecMetso’s liability under this warranty shall be limited to, at its choice, repair or replace defective Goods and the above defects liability period shall be extended by six months from the repair or replacement but shall not extend beyond six months from the expiry of the initial defects liability period. Repair work shall be performed at the location determined by Metso Outotec▇▇▇▇▇. Title to any replaced Goods shall revert to Metso OutotecMetso. b.) The above warranty shall not apply for (i) ordinary wear and tear or deterioration of the Goods, (ii) wear and consumable parts such as hoses, belts, rubber tyres, blades, linings, discs, batteries, nozzles, oil, fuel, fluids, grease, coolants or other parts which by their nature are expected to be replaced in regular intervals (unless such parts were defective upon delivery in which case they shall be replaced with new parts), (iii) minor defects which can be rectified with minimal effort such as changing of seals, tightening, adjustment or settings or have no significance to the operation of the Goods such as dents or surface scratches,, (iv) any service, modification or replacement of any Goods by an unauthorised repairer or without Metso’s prior written consent, (v) defects caused by improper or faulty assembly, installation, operation or maintenance such as use of unsuitable materials, utilities or parts, unsuitable operating conditions, overloading, or any act or omission contrary to Metso’s operation and maintenance manuals or instructions, and (vi) defects caused by the use of other than genuine Metso spare and c.) Except as specifically provided in this clause, Metso has not made and does not make any warranties, guarantees, representations, indemnities or the like, whether express, implied, statutory, or otherwise arising from trade usage or practice including without limitation warranties of uninterrupted or error-free operation, fitness for purpose or merchantability and any such warranties, guarantees, representations, indemnities or the like are expressly disclaimed and excluded. Technical, design and other information and descriptions in brochures, catalogues or other written documentation shall only serve as a general description of the deliverables and shall not be deemed as agreed or guaranteed quality or performance. Metso shall not be liable for any damage to movable or immovable property caused by the Goods after Delivery or to products manufactured by Purchaser or to products of which Purchaser’s products form a part.