Common use of Non-Conformities Clause in Contracts

Non-Conformities. 8.1 framsyn will provide the services with due diligence and through qualified personnel and will make efforts to comply with agreed deadlines. Each Party shall notify the respective other Party if it becomes aware of circumstances which may endanger compliance with agreed deadlines. 8.2 Unless expressly otherwise agreed in the Contract, deliverables shall not require formal acceptance. Deliverables shall, in any event, be deemed accepted (and the Customer shall be deemed to have waived any remedies in respect of any non-conformities identifiable upon proper inspection) if Customer has failed to inspect deliverables and notify framsyn of any such non-conformity promptly after receipt of such deliverable. Any such notice shall not be considered prompt if it is received more than 14 days after delivery of the deliverable. 8.3 framsyn reserves the right to two attempts to remedy any non-conformity before the Customer may refuse to accept the respective deliverable, provided that both attempts can be made within a reasonable grace period. 8.4 Any remedies for non-conformities, including but not limited to the right to withdraw from the Contract, shall become time-barred, at the latest upon expiry of a limitation period of 12 months from the date of original delivery of the deliverable. 8.5 The foregoing limitation period shall also apply to claims for indemnification or damages, in particular incidental or consequential damages, caused by a nonconformity, provided that this shall not apply to remedies based on fraudulent concealment of defects; gross negligence; willful misconduct; death of a natural person or personal injury to the latter, caused by negligence or willful misconduct; and/or guarantees of properties. The statutory right of recourse shall exclusively be subject to the applicable statutory limitation periods.