Common use of Plans & Specifications Clause in Contracts

Plans & Specifications. All equipment is manufactured per stamped and approved submittals or referenced quotation in writing. Warranty - STULZ warranty terms as published on ▇▇▇.▇▇▇▇▇-▇▇▇.▇▇▇, Product Support, are incorporated herein. Indemnification – Purchaser agrees to indemnify, save harmless, and defend STULZ and its officers, employees, and agents from and against any and all liabilities, claims, penalties, judgments, awards, suits, and the costs and expenses incident thereto (including costs of defense, settlement, and reasonable attorney’s fees), which STULZ may hereafter incur, come responsible for, or pay out as a result of death or bodily injuries to any person or destruction or damage to any property or infringement of intellectual property rights, to the extent caused by (1) purchaser’s breach of any term or provision of the Agreement, or (2) the negligence, gross negligence, recklessness, or intentional misconduct of purchaser, its employees, and its subcontractors in the performance of the Agreement. Any requirement by purchaser for indemnification shall be limited to the extent of the applicable insurance policy coverage of the vendor. Acts of God - STULZ shall not be liable for any delay in delivery caused by Acts of God, war conditions, riot, governmental regulations (domestic or foreign), fire, flood, explosion, strike, labor trouble, accident, delay of carrier, transportation difficulty, embargoes, pandemic or supply chain disruption beyond the reasonable control of either party which interferes with normal operation of STULZ’s factory. STULZ may deliver within a reasonable time after such cause for delay has been removed.