Common use of Warranty Liability Clause in Contracts

Warranty Liability. The Seller warrants that the Goods are in accordance with the specifications and requirements agreed upon, that they are state-of- the- art and fit for the specific intended purpose the Buyer has in mind for them, that they are free from defects, that they will strictly perform as the Buyer expects and requires, and that they comply with all relevant legal obligations and standards in force. +000 000 0000 +000 000 000 00 xxx.xxxxxxxx.xxx Xxxxx xxx 0-000 Xxxxxxx, 00000 Xxxxxxx Estonian Commerce Register # 14299161 The Seller is contractually bound by each and every statement or warranty to be found in his catalogues, leaflets, sales documents and quality systems. The Seller warrants that the Goods will perform as expected for two years as from their commissioning. All complaints filed under this warranty shall place the warranty period on hold until such time as the Seller shall have fixed the defect and the warranty period shall be extended by as much. Throughout the duration of cover, the Buyer shall notify the Seller in writing of any defect or malfunction found in the Goods and the Seller shall, without delay, either repair or replace the Goods. At its discretion, the Buyer may also terminate the Order by notifying the Seller in writing, or accept the Goods as they are in return for a suitable price-cut. If the Seller fails to fulfil his obligation to repair or replace, the buyer may, at his sole discretion, choose to replace or have the aforementioned Goods repaired by another supplier and shall demand refund to the Seller of all expenses incurred by the buyer in so doing. All repaired or replaced Goods shall be subject to the provisions of this article and the aforementioned warranty period shall be back in effect fully as from the date of the said delivery or repair. The Seller shall be liable for all direct, indirect, incidentals, consequential and special losses or damages, including loss of opportunity, the Buyer suffered as a result of late deliveries, defects found in the Goods, or any other way in which the Seller failed to process the order. The Seller acknowledges that the aforementioned guarantees are in addition to legal ones and the guarantees the Seller expressly granted, others than the ones set forth in this document, as well as to any other guarantee, whether affirmative or implied, as may apply to the Order in question. These guarantees shall remain valid notwithstanding any inspection, testing, acceptance or payment on the part of the Buyer or any cancellation or agreement made by the Buyer to the orders. The Seller agrees to provide the Goods, their parts or components for repair, maintenance or development for as long as was set at the time of the Order, including the warranty period, and shall also agree not to cease manufacturing or supplying them. Should the Seller decide to cease producing/supplying some or all Goods, the Seller shall inform the Buyer at least a year in advance, so that the Buyer may place further orders.

Warranty Liability. Unless otherwise stipulated under this point, the statutory provisions apply regarding redhibitory defects and defects of title. The Seller warrants supplier guarantees the use of the best material that is suitable for the purpose and correct and appropriate workmanship in keeping with the current status of science and technology. The supplier expressly guarantees that the Goods are goods sold conform with specimens, samples and descriptions provided by the supplier. The information given by the supplier in accordance connection with sales discussions and in particular in catalogues, advertising documentation, public statements, data sheets and/or other product descriptions shall be regarded as the specifications contractually agreed characteristics of products. In this context, the supplier also guarantees that the goods delivered possess the characteristics warranted or required by the contract and requirements agreed upon, that they are state-of- the- art and fit irrespective of this shall be accessible for the specific intended purpose use preconditioned or possess the Buyer has in mind characteristics usual or expected for themgoods of the same type and quality. In the event of a defective delivery, we shall be entitled to demand rectification of defects and/or replacement supplies at no charge. Any expenditures that they are free may arise from defectsthese, that they will strictly perform such as costs for transport, travelling, labour, material or costs for any goods inwards inspection exceeding usual scope of inspection shall be borne by the Buyer expects and requires, and that they supplier. Should the supplier fail to comply with all relevant legal obligations and standards in force. +000 000 0000 +000 000 000 00 xxx.xxxxxxxx.xxx Xxxxx xxx 0-000 Xxxxxxxour written request to rectify defects within a reasonable period specified by us, 00000 Xxxxxxx Estonian Commerce Register # 14299161 The Seller is contractually bound by each and every statement we shall be entitled, at the cost of the supplier, to perform the required action ourselves or warranty to arrange for such action to be found in his catalogues, leaflets, sales documents and quality systemstaken by a third party. The Seller warrants that the Goods will perform as expected for two years as from their commissioning. All complaints filed under this warranty shall place the warranty period on hold until such time as the Seller shall have fixed the defect and the warranty period We shall be extended by as muchentitled to arrange for minor defects to be rectified immediately at the cost of the supplier. Throughout Should we exercise our right to rescind the duration of covercontract, the Buyer goods shall notify the Seller in writing of any defect or malfunction found in the Goods and the Seller shall, without delay, either repair or replace the Goods. At its discretion, the Buyer may also terminate the Order by notifying the Seller in writing, or accept the Goods as they are in return for a suitable price-cut. If the Seller fails to fulfil his obligation to repair or replace, the buyer may, at his sole discretion, choose to replace or have the aforementioned Goods repaired by another supplier and shall demand refund be returned to the Seller place of all expenses incurred by dispatch at the buyer in so doing. All repaired or replaced Goods shall be subject to the provisions of this article cost and the aforementioned warranty period shall be back in effect fully as from the date risk of the said delivery or repairsupplier. The Seller We shall also be liable entitled to claim damages for all direct, indirect, incidentals, consequential and special losses or damages, including loss of opportunity, the Buyer suffered as a result of late deliveries, defects found in the Goods, or any other way in which the Seller failed to process the order. The Seller acknowledges that the aforementioned guarantees are in addition to legal ones and the guarantees the Seller expressly granted, others than the ones set forth in this document, non-performance as well as to any damages other guarantee, whether affirmative or implied, as may apply than those to the Order delivery item itself to the extent that this is permissible by law. The period of limitation for claims for damages is 24 months commencing in questionthe case of deliveries of goods with their transfer, in the case of contracts of work and services with acceptance, in each case at the time of the passage of risk. These guarantees The supplier shall remain valid notwithstanding in all circumstances be liable to us for faults of whatever nature, in particular negligence of any inspection, testing, acceptance or payment type on the part of the Buyer supplier's employees, staff or other parties obliged to perform services for the supplier. The supplier shall be responsible for any cancellation negligence of his sub-suppliers and subcontractors and shall be liable for. The supplier shall indemnify us against claims, regardless of their legal basis, to our contractual parties or agreement made other third parties which arise as a result of any negligent or intentional infringement of contractual or subsidiary obligations or of the supplier's non-contractual duties to exercise due care. This shall apply in particular to product liability claims resulting from defects in the product delivered by the Buyer supplier regardless of who is regarded as the manufacturer under liability law. In this context it shall be incumbent on the supplier to demonstrate that the ordersgoods delivered to us were not defective. The Seller agrees supplier shall bear all costs and expenditure resulting therefrom (including but not limited to all costs of a possible lawsuit or necessary repair/recall actions). The Supplier engages to take out a suitable insurance policy for liability and product liability and to provide the Goods, their parts or components for repair, maintenance or development for as long as was set at the time us with a copy of the Order, including the warranty period, and shall also agree not to cease manufacturing or supplying them. Should the Seller decide to cease producing/supplying some or all Goods, the Seller shall inform the Buyer at least a year in advance, so that the Buyer may place further ordersvalid confirmation of insurance coverage.

Warranty Liability. Unless otherwise stipulated under this point, the statutory provisions apply regarding redhibitory defects and defects of title. The Seller warrants supplier guarantees the use of the best material that is suitable for the purpose and correct and appropriate workmanship in keeping with the current status of science and technology. The supplier expressly guarantees that the Goods are goods sold conform with specimens, samples and descriptions provided by the supplier. The information given by the supplier in accordance connection with sales discussions and in particular in catalogues, advertising documentation, public statements, data sheets and/or other product descriptions shall be regarded as the specifications contractually agreed characteristics of products. In this context, the supplier also guarantees that the goods delivered possess the characteristics warranted or required by the contract and requirements agreed upon, that they are state-of- the- art and fit irrespective of this shall be accessible for the specific intended purpose use preconditioned or possess the Buyer has in mind characteristics usual or expected for themgoods of the same type and quality. In the event of a defective delivery, we shall be entitled to demand rectification of defects and/or replacement supplies at no charge. Any expenditures that they are free may arise from defectsthese, that they will strictly perform such as costs for transport, travelling, labour, material or costs for any goods inwards inspection exceeding usual scope of inspection shall be borne by the Buyer expects and requires, and that they supplier. Should the supplier fail to comply with all relevant legal obligations and standards in force. +000 000 0000 +000 000 000 00 xxx.xxxxxxxx.xxx Xxxxx xxx 0-000 Xxxxxxxour written request to rectify defects within a reasonable period specified by us, 00000 Xxxxxxx Estonian Commerce Register # 14299161 The Seller is contractually bound by each and every statement we shall be entitled, at the cost of the supplier, to perform the required action ourselves or warranty to arrange for such action to be found in his catalogues, leaflets, sales documents and quality systemstaken by a third party. The Seller warrants that the Goods will perform as expected for two years as from their commissioning. All complaints filed under this warranty shall place the warranty period on hold until such time as the Seller shall have fixed the defect and the warranty period We shall be extended by as muchentitled to arrange for minor defects to be rectified immediately at the cost of the supplier. Throughout Should we exercise our right to rescind the duration of covercontract, the Buyer goods shall notify the Seller in writing of any defect or malfunction found in the Goods and the Seller shall, without delay, either repair or replace the Goods. At its discretion, the Buyer may also terminate the Order by notifying the Seller in writing, or accept the Goods as they are in return for a suitable price-cut. If the Seller fails to fulfil his obligation to repair or replace, the buyer may, at his sole discretion, choose to replace or have the aforementioned Goods repaired by another supplier and shall demand refund be returned to the Seller place of all expenses incurred by dispatch at the buyer in so doing. All repaired or replaced Goods shall be subject to the provisions of this article cost and the aforementioned warranty period shall be back in effect fully as from the date risk of the said delivery or repairsupplier. The Seller We shall also be liable entitled to claim damages for all direct, indirect, incidentals, consequential and special losses or damages, including loss of opportunity, the Buyer suffered as a result of late deliveries, defects found in the Goods, or any other way in which the Seller failed to process the order. The Seller acknowledges that the aforementioned guarantees are in addition to legal ones and the guarantees the Seller expressly granted, others than the ones set forth in this document, non-performance as well as to any damages other guarantee, whether affirmative or implied, as may apply than those to the Order delivery item itself to the extent that this is permissible by law. The period of limitation for claims for damages is 24 months commencing in questionthe case of deliveries of goods with their transfer, in the case of contracts of work and services with acceptance, in each case at the time of the passage of risk. These guarantees The supplier shall remain valid notwithstanding in all circumstances be liable to us for faults of whatever nature, in particular for negligence of any inspection, testing, acceptance or payment type on the part of the Buyer supplier's employees, staff or other parties obliged to perform services for the supplier. The supplier shall be responsible for any cancellation negligence of his sub-suppliers and subcontractors and shall be liable for. The supplier shall indemnify us against claims, regardless of their legal basis, to our contractual parties or agreement made other third parties which arise as a result of any negligent or intentional infringement of contractual or subsidiary obligations or of the supplier's non-contractual duties to exercise due care. This shall apply in particular to product liability claims resulting from defects in the product delivered by the Buyer supplier regardless of who is regarded as the manufacturer under liability law. In this context it shall be incumbent on the supplier to demonstrate that the ordersgoods delivered to us were not defective. The Seller agrees supplier shall bear all costs and expenditure resulting therefrom (including but not limited to all costs of a possible lawsuit or necessary repair/recall actions). The Supplier engages to take out a suitable insurance policy for liability and product liability and to provide the Goods, their parts or components for repair, maintenance or development for as long as was set at the time us with a copy of the Order, including the warranty period, and shall also agree not to cease manufacturing or supplying them. Should the Seller decide to cease producing/supplying some or all Goods, the Seller shall inform the Buyer at least a year in advance, so that the Buyer may place further ordersvalid confirmation of insurance coverage.

Warranty Liability. The Seller warrants that the Goods are shall be in accordance conformity with the Binding Offer or the Order Confirmation. The foregoing warranty is exclusive and in lieu of all other warranties, whether oral, written, expressed, implied or statutory. Implied warranties of merchantability or fitness or any other matter shall not apply. In case of non-conformity of the Goods the Buyer is entitled to alternative performance in the form of delivery of conforming Goods. If such alternative performance has failed, the Buyer is entitled to reduce the purchase price or to withdraw from the contract. Seller’s warranty does not extend to any loss or damage due to improper assembly, storage or handling or failure to comply with the specifications and requirements agreed upon, that they are state-of- the- art instructions of the Seller and fit for the specific intended purpose with any applicable laws and regulations. Buyer’s claims shall not release the Buyer has in mind for them, that they are free from defects, that they will strictly perform as its obligation to pay the Seller’s invoices. Any claim of the Buyer expects and requiresconcerning the weight, and that they comply with all relevant legal obligations and standards in force. +000 000 0000 +000 000 000 00 xxx.xxxxxxxx.xxx Xxxxx xxx 0-000 Xxxxxxxquantity, 00000 Xxxxxxx Estonian Commerce Register # 14299161 The Seller is contractually bound by each and every statement or warranty to be found in his catalogues, leaflets, sales documents and quality systems. The Seller warrants that measures and/or any apparent defect of the Goods will perform as expected for two years as from their commissioning. All complaints filed under this warranty shall place the warranty period on hold until such time as the Seller shall have fixed the defect and the warranty period shall must be extended by as much. Throughout the duration of cover, the Buyer shall notify the Seller submitted in writing of any defect or malfunction found in the Goods and the Seller shall, without delay, either repair or replace the Goods. At its discretion, the Buyer may also terminate the Order by notifying the Seller in writing, or accept the Goods as they are in return for a suitable price-cut. If the Seller fails to fulfil his obligation to repair or replace, the buyer may, at his sole discretion, choose to replace or have the aforementioned Goods repaired by another supplier and shall demand refund to the Seller within eight (8) working days from the Delivery Date. In no way this obligation releases Buyer from performing the required formalities for claim toward the carrier(s). Any claim in relation to the quality of all expenses incurred by the buyer in so doingGoods which would not comply with the specifications as resulting from the Binding Offer or Order Confirmation must be notified to the Seller within the same eight (8) working day period. All repaired or replaced The Goods shall be subject deemed irrevocably accepted by the Buyer if no claim has been notified by it within the above eight (8) day period. The Buyer shall not be entitled to return to the Seller any Good without the relevant Seller’s prior written consent. In case of intent or gross negligence on Seller’s part or by Seller’s agents or assistants in performance Seller is liable according to the provisions of this article and applicable law; the aforementioned warranty period same applies in case of breach of fundamental contract obligations. To the extent the breach of contract is unintentionally Seller’s liability for damages shall be back in effect fully as from limited to the date of the said delivery typically predictable damage. Seller’s liability for culpable damage to life, body or repair. The Seller shall be liable for all direct, indirect, incidentals, consequential and special losses or damages, including loss of opportunity, the Buyer suffered as a result of late deliveries, defects found in the Goods, or any other way in which the Seller failed to process the order. The Seller acknowledges that the aforementioned guarantees are in addition to legal ones and the guarantees the Seller expressly granted, others than the ones set forth in this document, health as well as to any other guarantee, whether affirmative or implied, as may apply to Seller’s liability under the Order in question. These guarantees Product Liability Act shall remain valid notwithstanding any inspection, testing, acceptance or payment on the part of the Buyer or any cancellation or agreement made by the Buyer to the ordersunaffected. The Seller agrees to provide the Goods, their parts or components Any liability not expressly provided for repair, maintenance or development for as long as was set at the time of the Order, including the warranty period, and above shall also agree not to cease manufacturing or supplying them. Should the Seller decide to cease producing/supplying some or all Goods, the Seller shall inform the Buyer at least a year in advance, so that the Buyer may place further ordersbe disclaimed.

Warranty Liability. The Seller Koppers warrants to UP that it will perform the services in a good and workmanlike manner and that the Goods are treated Forest Products delivered to UP under this Agreement will meet the Specifications and will be free from material defects in accordance with workmanship. KOPPERS MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE SERVICES PROVIDED HEREUNDER OR WITH RESPECT TO MATERIALS SUPPLIED IN CONNECTION WITH THIS AGREEMENT, INCLUDING THE TREATED FOREST PRODUCTS, WHETHER THEY ARE USED ALONE OR IN COMBINATION WITH OTHER MATERIALS AND HEREBY DISCLAIMS ANY OTHER REPRESENTATIONS OR WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The maximum liability arising from failure to meet the specifications above warranties shall be refund of the price paid by UP for the treated Forest Products not meeting such warranties or, at Koppers’ option, replacement of nonconforming treated Forest Products actually shipped. As a condition of any such refund or replacement, UP shall give Koppers written notice of a claim within one hundred and requirements agreed upontwenty (120) days of shipment from the Facility; provided, however, that they are state-of- the- art and fit for the specific intended purpose the Buyer has in mind for them, that they are free from defects, that they will strictly perform as the Buyer expects and requires, and that they comply with all relevant legal obligations and standards in force. +000 000 0000 +000 000 000 00 xxx.xxxxxxxx.xxx Xxxxx xxx 0-000 Xxxxxxx, 00000 Xxxxxxx Estonian Commerce Register # 14299161 The Seller is contractually bound by each and every statement or warranty to be found in his catalogues, leaflets, sales documents and quality systems. The Seller warrants a claim that the Goods will perform as expected for treated Forest Products are a species or quality not meeting the Specifications may be made anytime within seventy-two years as (72) months after shipment from their commissioningthe Facility. All complaints filed under this warranty Failure to give such notice shall place the warranty period on hold until such time as the Seller shall have fixed the defect and the warranty period shall be extended by as much. Throughout the duration of cover, the Buyer shall notify the Seller in writing of any defect or malfunction found in the Goods and the Seller shall, without delay, either repair or replace the Goods. At its discretion, the Buyer may also terminate the Order by notifying the Seller in writing, or accept the Goods as they are in return for constitute a suitable price-cut. If the Seller fails to fulfil his obligation to repair or replace, the buyer may, at his sole discretion, choose to replace or have the aforementioned Goods repaired by another supplier and shall demand refund to the Seller waiver of all expenses incurred by the buyer claims in so doingrespect thereto. All repaired or replaced Goods It is agreed that Koppers shall be subject to the provisions of this article and the aforementioned warranty period shall be back in effect fully as from the date of the said delivery or repair. The Seller shall not be liable for all directany indirect or consequential loss or damage, indirectincluding, incidentalsbut not limited to, consequential and special losses or damages, including loss of opportunityuse, the Buyer suffered as a result loss of late deliveries, defects found in the Goods, profit or any other way in which the Seller failed to process the orderbusiness interruption. The Seller acknowledges parties intend and agree that the aforementioned guarantees above limitations of liability are in addition to legal ones be effective whether the liability involved is founded on Koppers’ breach of contract, breach of warranty, tort (including active negligence and strict liability) or whether the guarantees the Seller expressly granted, others than the ones set forth in this document, as well as to any other guarantee, whether affirmative or implied, as may apply to the Order in question. These guarantees shall remain valid notwithstanding any inspection, testing, acceptance or payment liability involved is founded on the part of the Buyer or any cancellation or agreement made by the Buyer to the orders. The Seller agrees to provide the Goods, their parts or components for repair, maintenance or development for as long as was set at the time of the Order, including the warranty period, and shall also agree not to cease manufacturing or supplying them. Should the Seller decide to cease producing/supplying some or all Goods, the Seller shall inform the Buyer at least a year in advance, so that the Buyer may place further ordersKoppers’ sole negligence.

Warranty Liability. The Seller warrants that Claims regarding the Goods are in accordance with weight, the specifications quantity and requirements agreed upon, that they are state-of- the- art and fit for the specific intended purpose the Buyer has in mind for them, that they are free from defects, that they will strictly perform as the Buyer expects and requires, and that they comply with all relevant legal obligations and standards in force. +000 000 0000 +000 000 000 00 xxx.xxxxxxxx.xxx Xxxxx xxx 0-000 Xxxxxxx, 00000 Xxxxxxx Estonian Commerce Register # 14299161 The Seller is contractually bound by each and every statement or warranty to be found in his catalogues, leaflets, sales documents and quality systems. The Seller warrants that the Goods will perform as expected for two years as from their commissioning. All complaints filed under this warranty shall place the warranty period on hold until such time as the Seller shall have fixed the defect and the warranty period other obvious defects shall be extended by as much. Throughout reported immediately, at the duration latest, however, 2 weeks after receipt of cover, the Buyer goods; hidden defects shall notify the Seller be reported in writing of any defect or malfunction found in the Goods and the Seller shall, without delay, either repair or replace the Goods. At its discretion, the Buyer may also terminate the Order by notifying the Seller in writing, or accept the Goods as immediately after they are in return for a suitable price-cuthave been detected. If the Seller fails Purchaser does not report defects in time and if he does not provide immediately on request samples of the non-conforming goods, all claims for defects shall be void. Correct handling of a formal notice of complaint does not constitute renuncia- tion of compliance with this provision. All claims for defects which are not due to fulfil his obligation to repair or replaceintent, even in case of hidden defects, shall be time-barred at the latest 12 months after delivery. In case of justified complaints, the buyer mayPurchaser shall be entitled, at his sole discretionour choice, choose to replace free substitution or have a credit note against return of the aforementioned Goods repaired non-conforming goods. Should we refuse to eliminate defects or should we fall behind in our obligations, the Purchaser may grant us a reasonable period of grace; after it has elapsed without result, he may demand rescission of the contract or reduction of payment. Any further claims by another supplier the Purchaser arising from legislature and shall demand refund the contract, in particular damage unrelated to the Seller deliv- ered item itself, shall not be accepted, with the exception of claims arising from intent or gross negligence. Replacement of the entire delivery or of the remaining partial delivery may not be demanded as a result of a faulty partial delivery. We may refuse elimination of defects as long as the Purchaser has not fulfilled his obligations to an appropriate extent. We shall be held liable for technical consultation or application and deploy- ment options regarding our products and of all expenses incurred the other relevant information by us or our vicarious agents only in case of explicit written undertaking, pro- vided that the Purchaser has provided us with the information required for cor- rect consultation. The Purchaser is obligated to verify that the goods ordered or suggested are suitable for the purpose envisaged by the buyer Purchaser; we do not warrant suitability thereof. Quality and durability warranties have to be designated in so doingdetail as such expressly in writing. All repaired or replaced Goods Such warranties shall be subject to the provisions above-mentioned sections 2 and 3 to the extent that this is xx- xxxxx admissible. We shall only be held liable for damage if the undertaking pursued the purpose of this article safeguarding the Purchaser against the damage in- curred. In case of disputes regarding the reporting of defects, the Chamber of Industry and Commerce responsible for the aforementioned warranty period supplier's factory shall be back in effect fully as from the date of the said delivery designate an officially recognized expert body to issue an exert opinion or repairan analysis. The Seller unsuccessful party shall be liable for bear all direct, indirect, incidentals, consequential and special losses or damages, including loss of opportunity, the Buyer suffered as a result of late deliveries, defects found in the Goods, or any other way in which the Seller failed to process the order. The Seller acknowledges that the aforementioned guarantees are in addition to legal ones and the guarantees the Seller expressly granted, others than the ones set forth in this document, as well as to any other guarantee, whether affirmative or implied, as may apply costs incurred due to the Order in question. These guarantees shall remain valid notwithstanding any inspection, testing, acceptance expert opinion or payment on the part of the Buyer or any cancellation or agreement made by the Buyer to the orders. The Seller agrees to provide the Goods, their parts or components for repair, maintenance or development for as long as was set at the time of the Order, including the warranty period, and shall also agree not to cease manufacturing or supplying them. Should the Seller decide to cease producing/supplying some or all Goods, the Seller shall inform the Buyer at least a year in advance, so that the Buyer may place further ordersanalysis.

Warranty Liability. The Seller warrants that Claims regarding the Goods are in accordance with weight, the specifications quantity and requirements agreed upon, that they are state-of- the- art and fit for the specific intended purpose the Buyer has in mind for them, that they are free from defects, that they will strictly perform as the Buyer expects and requires, and that they comply with all relevant legal obligations and standards in force. +000 000 0000 +000 000 000 00 xxx.xxxxxxxx.xxx Xxxxx xxx 0-000 Xxxxxxx, 00000 Xxxxxxx Estonian Commerce Register # 14299161 The Seller is contractually bound by each and every statement or warranty to be found in his catalogues, leaflets, sales documents and quality systems. The Seller warrants that the Goods will perform as expected for two years as from their commissioning. All complaints filed under this warranty shall place the warranty period on hold until such time as the Seller shall have fixed the defect and the warranty period other obvious defects shall be extended by as much. Throughout reported immediately, at the duration latest, however, 7 days after receipt of cover, the Buyer goods; hidden defects shall notify the Seller be reported in writing of any defect or malfunction found in the Goods and the Seller shall, without delay, either repair or replace the Goods. At its discretion, the Buyer may also terminate the Order by notifying the Seller in writing, or accept the Goods as immediately after they are in return for a suitable price-cuthave been detected. If the Seller fails Purchaser does not report defects in time and if he does not provide immediately on request samples of the non-conforming goods, all claims for defects shall be void. Correct handling of a formal notice of complaint does not constitute renuncia- tion of compliance with this provision. All claims for defects which are not due to fulfil his obligation to repair or replaceintent, even in case of hidden defects, shall be time-barred at the latest 12 months after delivery. In case of justified complaints, the buyer mayPurchaser shall be entitled, at his sole discretionour choice, choose to replace free substitution or have a credit note against return of the aforementioned Goods repaired non-conforming goods. Should we refuse to eliminate defects or should we fall behind in our obligations, the Purchaser may grant us a reasonable period of grace; after it has elapsed without result, he may demand rescission of the contract or reduction of payment. Any further claims by another supplier the Purchaser arising from legislature and shall demand refund the contract, in particular damage unrelated to the Seller deliv- ered item itself, shall not be accepted, with the exception of claims arising from intent or gross negligence. Replacement of the entire delivery or of the remaining partial delivery may not be demanded as a result of a faulty partial delivery. We may refuse elimination of defects as long as the Purchaser has not fulfilled his obligations to an appropriate extent. We shall be held liable for technical consultation or application and deploy- ment options regarding our products and of all expenses incurred the other relevant information by us or our vicarious agents only in case of explicit written undertaking, pro- vided that the Purchaser has provided us with the information required for cor- rect consultation. The Purchaser is obligated to verify that the goods ordered or suggested are suitable for the purpose envisaged by the buyer Purchaser; we do not warrant suitability thereof. Quality and durability warranties have to be designated in so doingdetail as such expressly in writing. All repaired or replaced Goods Such warranties shall be subject to the provisions above-mentioned sections 2 and 3 to the extent that this is xx- xxxxx admissible. We shall only be held liable for damage if the undertaking pursued the purpose of this article safeguarding the Purchaser against the damage in- curred. In case of disputes regarding the reporting of defects, the Chamber of Industry and Commerce responsible for the aforementioned warranty period supplier's factory shall be back in effect fully as from the date of the said delivery designate an officially recognized expert body to issue an exert opinion or repairan analysis. The Seller unsuccessful party shall be liable for bear all direct, indirect, incidentals, consequential and special losses or damages, including loss of opportunity, the Buyer suffered as a result of late deliveries, defects found in the Goods, or any other way in which the Seller failed to process the order. The Seller acknowledges that the aforementioned guarantees are in addition to legal ones and the guarantees the Seller expressly granted, others than the ones set forth in this document, as well as to any other guarantee, whether affirmative or implied, as may apply costs incurred due to the Order in question. These guarantees shall remain valid notwithstanding any inspection, testing, acceptance expert opinion or payment on the part of the Buyer or any cancellation or agreement made by the Buyer to the orders. The Seller agrees to provide the Goods, their parts or components for repair, maintenance or development for as long as was set at the time of the Order, including the warranty period, and shall also agree not to cease manufacturing or supplying them. Should the Seller decide to cease producing/supplying some or all Goods, the Seller shall inform the Buyer at least a year in advance, so that the Buyer may place further ordersanalysis.