Defects Liability Cláusulas de Ejemplo
Defects Liability. 10.1 In this Contract, and subject to Clause 10.2, a defect shall mean any non-conformity of the Works with the express terms of this Contract resulting from circumstances existing in the Works at the time of the transfer of risk to the Customer (“Defects”).
10.2 The following shall not be Defects:
a) normal wear and tear, non-conformity resulting from excessive strain,
b) non-conformity resulting from faulty or negligent handling; non-compliance with instructions or recommendations in operation or maintenance manuals and other documents;
c) installation, erection, modification, commissioning, or pre- commissioning, in each case not carried out by ▇▇▇▇▇▇,
d) non-reproducible software errors,
e) defects which do not significantly impair the use of the respective Works.
10.3 The Customer shall notify Tecosa in writing of any Defects without undue delay. Upon such written notification, Tecosa shall, at its option, remedy a Defect by repair, replacement, or re-performance. Tecosa shall be given a reasonable period of time and opportunity to remedy the Defect. For this purpose, the Customer shall grant Tecosa working access to the non- conforming Works, shall undertake any necessary dis-assembly and re-assembly, and shall provide access to operation and maintenance data, all at no charge to Tecosa. Upon Tecosa’ request, the Customer shall ensure that title to the replaced defective parts shall transfer to Tecosa. Insofar as a part has to be merely delivered, the Customer shall immediately inspect that part and shall notify Tecosa in writing of any Defects without undue delay. Customer’s claims for defects shall be excluded for any apparent defects, if the Customer has failed to do so.
10.4 Unless otherwise agreed, the defects liability period for any part of the Works is 12 months. It starts at the date of transfer of risk. For replaced or repaired parts of the Works, the defects liability period is 6 months from the date of replacement or repair, if the original defects liability period for the Works expires earlier. In any event, the defects liability period shall end no later than 24 months from the beginning of the original defects liability period. Tecosa is not liable for any Defects unless notified in writing by the Customer to Tecosa before the end of the defects liability period.
10.5 Tecosa does not warrant or guarantee that the Works will be secure from Cyberthreats and does not contain any vulnerability. If software is defective, Tecosa shall only b...
Defects Liability. 10.1 Siemens shall be liable for the proper performance of the Services in accordance with this Contract. If Siemens delivers materials and goods in connection with the Services, Siemens shall be liable to the Customer for any non-conformity with express terms of this Contract resulting from circumstances existing at the time of the transfer of risk.
10.2 The Customer shall immediately notify Siemens in writing of any defective Services or defective materials and goods without undue delay. The Customer’s claims in respect of defects shall be excluded for any apparent defects if the Customer has failed to do so. Upon such written notification, Siemens shall be given a reasonable period of time and opportunity to re-perform the Services and/or, at its option, repair or replace defective materials or goods. The Customer shall grant Siemens working access to the defective Services, material, or goods, and shall undertake any necessary disassembly and reassembly, and shall provide access to operation and maintenance data, all at no charge to Siemens. Upon Siemens’ request, the Customer shall ensure that the title to the replaced parts/items shall pass to Siemens.
10.3 The defects liability period for any part of the Services shall expire 12 months after provision of the defective Services or acceptance if agreed. For materials and goods, the defects liability period shall expire 12 months after the transfer or risk. For re-performed Services and replaced or repaired materials and goods, the defects liability period is 6 months from the date of re-performance, replacement, or repair, if the original defects liability period expires earlier. In any event, the defects liability period shall end no later than 24 months from the beginning of the original defects liability period.
Defects Liability. 10.1 Tecosa shall be liable for the proper performance of the Services in accordance with this Contract. If Tecosa delivers materials and goods in connection with the Services, Tecosa shall be liable to the Customer for any non-conformity with express terms of this Contract resulting from circumstances existing at the time of the transfer of risk.
10.2 The Customer shall immediately notify Tecosa in writing of any defective Services or defective materials and goods without undue delay. The Customer’s claims in respect of defects shall be excluded for any apparent defects if the Customer has failed to do so. Upon such written notification, Tecosa shall be given a reasonable period of time and opportunity to re-perform the Services and/or, at its option, repair or replace defective materials or goods. The Customer shall grant Tecosa working access to the defective Services, material, or goods, and shall undertake any necessary disassembly and reassembly, and shall provide access to operation and maintenance data, all at no charge to Tecosa. Upon Tecosa’ request, the Customer shall ensure that the title to the replaced parts/items shall pass to Tecosa.
10.3 The defects liability period for any part of the Services shall expire 12 months after provision of the defective Services or acceptance if agreed. For materials and goods, the defects liability period shall expire 12 months after the transfer or risk. For re-performed Services and replaced or repaired materials and goods, the defects liability period is 6 months from the date of re-performance, replacement, or repair, if the original defects liability period expires earlier. In any event, the defects liability period shall end no later than 24 months from the beginning of the original defects liability period.