Common use of Defects Liability Clause in Contracts

Defects Liability. a.) Metso Outotec warrants that the Services shall be performed with such degree of skill, diligence and workmanlike manner ordinarily expected from a professional engineer applying the standards generally adopted by professional engineers for the technical disciplines involved for the safe performance of services of a type and complexity equivalent to the Services and that the Deliverables shall be free from defects in design 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, six months from the completion of the Services and provision of the Deliverables. Metso Outotec’s liability under this warranty shall be limited to the reperformance of defective Services and rectification of defective Deliverables and the above defects liability period shall be extended by six months from the reperformance or rectification but shall not extend beyond three months from the expiry of the initial defects liability period. b.) Metso Outotec does not warrant, represent or guarantee the technical or commercial feasibility of or availability of a suitable technical or commercial solution for any project, facility or goods being the subject of any engineering or consultancy Services. Metso Outotec shall, unless otherwise agreed in writing in the context of Metso Outotec supplying any such technology, plant or goods not be liable for any damage or losses resulting from the use of any technology, plant or goods described in the Deliverables. c.) Except as specifically provided in this clause, Metso Outotec 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.

Defects Liability. a.) Metso Outotec warrants that the Services shall be performed with such degree of skill, diligence and workmanlike manner ordinarily expected from a professional engineer applying the standards generally adopted by professional engineers for the technical disciplines involved for the safe performance of services of a type and complexity equivalent to the Services and that the Deliverables shall be free from defects in design 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, six months from the completion of the Services and provision of the Deliverables. Metso Outotec’s liability under this warranty shall be limited to the reperformance of defective Services and rectification of defective Deliverables and the above defects liability period shall be extended by six months from the reperformance or rectification but shall not extend beyond three months from the expiry of the initial defects liability period. b.) Metso Outotec does not warrant, represent or guarantee the technical or commercial feasibility of or availability of a suitable technical or commercial solution for any project, facility or goods being the subject of any engineering or consultancy Services. Metso Outotec shall, unless otherwise agreed in writing in the context of Metso Outotec supplying any such technology, plant or goods not be liable for any damage or losses resulting from the use of any technology, plant or goods described in the Deliverables. c.) Except as specifically provided in this clause, Metso Outotec has not made and does not make any warranties, guarantees, representations, indemnities or the like, whether express, implied, statutorystatutory (including but not limited to terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982), or otherwise arising from trade usage or practice including without limitation warranties of uninterrupted or error-error- free operation, fitness for purpose or merchantability and any such warranties, guarantees, representations, indemnities or the like are to the fullest extent permitted by law, 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.

Defects Liability. a.) Metso Outotec warrants that the Services shall be performed with such degree of skill, diligence and workmanlike manner ordinarily expected from a professional engineer applying the standards generally adopted by professional engineers for the technical disciplines involved for the safe performance of services of a type and complexity equivalent to the Services and that the Deliverables shall be free from defects in design 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, six months from the completion of the Services and provision of the Deliverables. Metso OutotecMetso’s liability under this warranty shall be limited to the reperformance of defective Services and rectification of defective Deliverables and the above defects liability period shall be extended by six months from the reperformance or rectification but shall not extend beyond three months from the expiry of the initial defects liability period. b.) Metso Outotec does not warrant, represent or guarantee the technical or commercial feasibility of or availability of a suitable technical or commercial solution for any project, facility or goods being the subject of any engineering or consultancy Services. Metso Outotec shall, unless otherwise agreed in writing in the context of Metso Outotec supplying any such technology, plant or goods not be liable for any damage or losses resulting from the use of any technology, plant or goods described in the Deliverables. c.) Except as specifically provided in this clause, Metso Outotec 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.

Defects Liability. a.) Metso Outotec warrants that the Services shall be performed per- formed with such degree of skill, diligence and workmanlike manner ordinarily expected from a professional engineer applying the standards generally adopted by professional engineers for the technical disciplines involved for the safe performance of services of a type and complexity equivalent to the Services and that the Deliverables shall be free from defects in design attributable to Metso OutotecMetso, provided that any defect must be claimed in writing within the defects liability period of, unless otherwise specified in the ContractCon-tract, six months from the completion of the Services and provision of the Deliverables. Metso OutotecMetso’s liability under this warranty shall be limited to the reperformance of defective Services and rectification of defective Deliverables and the above defects liability period shall be extended by six months from the reperformance or rectification but shall not extend beyond be-yond three months from the expiry of the initial defects liability period. b.) Metso Outotec does not warrant, represent or guarantee the technical or commercial feasibility of or availability of a suitable technical or commercial solution for any project, facility or goods being the subject of any engineering or consultancy Services. Metso Outotec shall, unless otherwise agreed in writing in the context of Metso Outotec supplying any such technology, plant or goods not be liable for any damage or losses resulting from the use of any technology, plant or goods described in the Deliverables. c.) Except as specifically provided in this clause, Metso Outotec 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-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.

Defects Liability. a.) Metso Outotec warrants that the Services shall be performed with such degree of skill, diligence and workmanlike manner ordinarily expected from a professional engineer applying the standards generally adopted by professional engineers for the technical disciplines involved for the safe performance of services of a type and complexity equivalent to the Services and that the Deliverables shall be free from defects in design 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, six months from the completion of the Services and provision of the Deliverables. Metso OutotecMetso’s liability under this warranty shall be limited to the reperformance of defective Services and rectification of defective Deliverables and the above defects liability period shall be extended by six months from the reperformance or rectification but shall not extend beyond three months from the expiry of the initial defects liability period. b.) Metso Outotec does not warrant, represent or guarantee the technical or commercial feasibility of or availability of a suitable technical or commercial solution for any project, facility or goods being the subject of any engineering or consultancy Services. Metso Outotec shall, unless otherwise agreed in writing in the context of Metso Outotec supplying any such technology, plant or goods not be liable for any damage or losses resulting from the use of any technology, plant or goods described in the Deliverables. c.) Except as specifically provided in this clause, Metso Outotec has not made and does not make any warranties, guarantees, representations, indemnities or the like, whether express, implied, statutorystatutory (including but not limited to terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982), or otherwise arising from trade usage or practice including without limitation warranties of uninterrupted or error-error- free operation, fitness for purpose or merchantability and any such warranties, guarantees, representations, indemnities or the like are to the fullest extent permitted by law, 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.

Defects Liability. a.) Metso Outotec ▇▇▇▇▇▇▇▇▇ warrants that the Services shall be performed with such degree of skill, diligence and workmanlike manner ordinarily expected from a professional engineer applying the standards generally adopted by professional engineers for the technical disciplines involved for the safe performance of services of a type and complexity equivalent to the Services and that the Deliverables Goods shall be free from defects in design 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, six months from the completion of the Services and provision of the Deliverables. Metso OutotecMcCloskey’s liability under this warranty shall be limited to the reperformance of to, at its choice, repair or replace defective Services and rectification of defective Deliverables Goods and the above defects liability period shall be extended by six months from the reperformance repair or rectification replacement but shall not extend beyond three six months from the expiry of the initial defects liability period. Repair work shall be performed at the location determined by ▇▇▇▇▇▇▇▇▇. Title to any replaced Goods shall revert to ▇▇▇▇▇▇▇▇▇. b.) Metso Outotec does The above warranty shall not warrantapply for (i) ordinary wear and tear or deterioration of the Goods, represent (ii) wear and consumable parts such as hoses, belts, rubber tyres, blades, linings, discs, batteries, nozzles, oil, fuel, fluids, grease, coolants or guarantee 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 technical operation of the Goods such as dents or commercial feasibility of surface scratches, (iv) any service, modification or availability of a suitable technical or commercial solution for any project, facility or goods being the subject replacement of any engineering Goods by an unauthorised repairer or consultancy Services. Metso Outotec shallwithout McCloskey’s prior written consent, unless otherwise agreed in writing in the context (v) defects caused by improper or faulty assembly, installation, operation or maintenance such as use of Metso Outotec supplying unsuitable materials, utilities or parts, unsuitable operating conditions, overloading, or any such technologyact or omission contrary to McCloskey’s operation and maintenance manuals or instructions, plant or goods not be liable for any damage or losses resulting from and (vi) defects caused by the use of any technology, plant or goods described in the Deliverablesother than genuine ▇▇▇▇▇▇▇▇▇ spare and wear parts. c.) Except as specifically provided in this clause, Metso Outotec ▇▇▇▇▇▇▇▇▇ 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. ▇▇▇▇▇▇▇▇▇ 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. Defects liability is further set out in Appendix 1 (“▇▇▇▇▇▇▇▇▇ Limited Product Warranty”).

Defects Liability. a.) Metso Outotec warrants that the Services shall be performed per- formed with such degree of skill, diligence and workmanlike manner ordinarily expected from a professional engineer applying the standards generally adopted by professional engineers for the technical disciplines involved for the safe performance of services of a type and complexity equivalent to the Services and that the Deliverables shall be free from defects in design 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, six months from the completion of the Services and provision of the Deliverables. Metso OutotecMetso’s liability under this warranty shall be limited to the reperformance of defective Services and rectification of defective Deliverables and the above defects liability period shall be extended by six months from the reperformance or rectification but shall not extend beyond three months from the expiry of the initial defects liability period. b.) Metso Outotec does not warrant, represent or guarantee the technical or commercial feasibility of or availability of a suitable technical or commercial solution for any project, facility or goods being the subject of any engineering or consultancy Services. Metso Outotec shall, unless otherwise agreed in writing in the context of Metso Outotec supplying any such technology, plant or goods not be liable for any damage or losses resulting from the use of any technology, plant or goods described in the Deliverables. c.) Except as specifically provided in this clause, Metso Outotec has not made and does not make any warranties, guarantees, representations, indemnities or the like, whether express, implied, statutorystatutory (including but not limited to terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982), or otherwise arising from trade usage or practice including without limitation warranties of uninterrupted or error-free errorfree operation, fitness for purpose or merchantability and any such warranties, guarantees, representations, indemnities or the like are to the fullest extent permitted by law, expressly disclaimed and excluded. Technical, design and other information and descriptions de- scriptions 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.