Common use of Execution and Performance Clause in Contracts

Execution and Performance. 4.1. The Customer acknowledges that the (end) result of the process the Goods and/or Services are used for by the Customer or of the Project, as well as their efficiency, running time and purification level of the Goods and the customized work under any Project, depend on multiple factors characteristic for and/or attributable to the Customer, third parties and/or external factors (including a.o. the environment where the Goods or customized work is installed or set up), or other factors, which are not attributable to or always foreseeable by and/or within the control of Desotec. 4.2. Any and all numerical values and indicative values (including, but not limited to, values relating to the running time or purification level of the Goods and/or the customized work under any Project or to the result or efficiency thereof) indicated in any Agreement or related documents (such as emails, calculations, tests, analyses or documents relating to the Goods/the Project or any pilot versions) are at all times merely indicative and non-binding values and estimates, based on the information and data provided by the Customer and on several assumptions and presumptions made by Desotec in the relationship with the Customer. They do not imply in any way whatsoever, either explicitly or implicitly, any warranty with regard to the Goods or the customized work under the Project, including, but not limited to, the result or the efficiency of the Goods or the customized work or with regard to the running time or purification level thereof and such warranty is never provided by Desotec. As a result, the Customer cannot hold Desotec liable in any way whatsoever for not achieving any particular result or efficiency.

Execution and Performance. 4.1. The Customer acknowledges that the (end) result of the process the Goods and/or Services are used for by the Customer or of the Project, as well as their efficiency, running time and purification level of the Goods and the customized work under any Project, depend on multiple factors characteristic for and/or attributable to the Customer, third parties and/or external factors (including a.o. the environment where the Goods or customized work is installed or set up), or other factors, which are not attributable to or always foreseeable by and/or within the control of DesotecDESOTEC. 4.2. Any and all numerical values and indicative values (including, but not limited to, values relating to the running time or purification level of the Goods and/or the customized work under any Project or to the result or efficiency thereof) indicated in any Agreement or related documents (such as emails, calculations, tests, analyses or documents relating to the Goods/the Project or any pilot versions) are at all times merely indicative and non-non- binding values and estimates, based on the information and data provided by the Customer and on several assumptions and presumptions made by Desotec DESOTEC in the relationship with the Customer. They do not imply in any way whatsoever, either explicitly or implicitly, any warranty with regard to the Goods or the customized work under the Project, including, but not limited to, the result or the efficiency of the Goods or the customized work or with regard to the running time or purification level thereof and such warranty is never provided by DesotecDESOTEC. As a result, the Customer canshall not hold Desotec DESOTEC liable in any way whatsoever for not achieving any particular result or efficiency.