Common use of Defects Liability Clause in Contracts

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 be obliged to provide the Customer with an updated version of the software in which the Defect has been remedied when such updated version is reasonably available from Tecosa or, if Tecosa is only licensee, from Tecosa’ licensor. If the software has been modified or individually developed by Tecosa, Tecosa shall in addition provide the Customer with a workaround or other interim corrective solution until the provision of an updated version of the software, if such workaround or interim solution is feasible at reasonable expense and if otherwise the Customer’s business operations would be substantially impeded. 10.6 If Tecosa carries out remedial work and it is ultimately not established that there was a Defect, the Customer shall pay Tecosa for such remedial work including error diagnosis. 10.7 Any other liability of Tecosa and any claims, rights and remedies of the Customer in case of defects of the Works, shall be excluded except as expressly stipulated in this Clause 10 and provided ▇▇▇▇▇▇ has failed at least three times in remedying the Defect, in Clause 16.2 b). All warranties, representations, conditions, and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this Contract.

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 ▇▇▇▇▇▇Siemens, 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 Siemens in writing of any Defects without undue delay. Upon such written notification, Tecosa Siemens shall, at its option, remedy a Defect by repair, replacement, or re-performance. Tecosa Siemens shall be given a reasonable period of time and opportunity to remedy the Defect. For this purpose, the Customer shall grant Tecosa Siemens 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 TecosaSiemens. Upon TecosaSiemens’ request, the Customer shall ensure that title to the replaced defective parts shall transfer to TecosaSiemens. Insofar as a part has to be merely delivered, the Customer shall immediately inspect that part and shall notify Tecosa Siemens 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 Siemens is not liable for any Defects unless notified in writing by the Customer to Tecosa Siemens 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 be obliged to provide the Customer with an updated version of the software in which the Defect has been remedied when such updated version is reasonably available from Tecosa or, if Tecosa is only licensee, from Tecosa’ licensor. If the software has been modified or individually developed by Tecosa, Tecosa shall in addition provide the Customer with a workaround or other interim corrective solution until the provision of an updated version of the software, if such workaround or interim solution is feasible at reasonable expense and if otherwise the Customer’s business operations would be substantially impeded. 10.6 If Tecosa carries out remedial work and it is ultimately not established that there was a Defect, the Customer shall pay Tecosa for such remedial work including error diagnosis. 10.7 Any other liability of Tecosa and any claims, rights and remedies of the Customer in case of defects of the Works, shall be excluded except as expressly stipulated in this Clause 10 and provided ▇▇▇▇▇▇ has failed at least three times in remedying the Defect, in Clause 16.2 b). All warranties, representations, conditions, and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this Contract.

Defects Liability. 10.1 9.1 In this Contract, and subject to Clause 10.29.2, a defect shall mean any non-conformity of the Works Supplies with the express terms of this Contract resulting from circumstances existing in the Works Supplies at the time of the transfer of risk to the Customer (“Defects”). 10.2 The 9.2 In particular, 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 ▇▇▇▇▇▇Siemens, d) non-reproducible software errors, e) defects which do not significantly impair the use of the respective WorksSupplies. 10.3 9.3 The Customer shall immediately inspect the Supplies upon delivery and shall notify Tecosa Siemens in writing of any Defects 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 Siemens shall, at its option, remedy a Defect by repair, replacement, or re-performance. Tecosa Siemens shall be given a reasonable period of time and opportunity to remedy the Defect. For this purpose, the Customer shall grant Tecosa Siemens working access to the non- conforming WorksSupplies, shall undertake any necessary dis-dis- assembly and re-assembly, and shall provide access to operation and maintenance data, all at no charge to TecosaSiemens. Upon TecosaSiemens’ request, the Customer shall ensure that the title to the replaced defective parts parts/items shall transfer pass 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 soSiemens. 10.4 9.4 Unless otherwise agreed, the defects liability period for any part of the Works Supplies is 12 months. It starts at the date of transfer of risk. For replaced or repaired parts of the WorksSupplies, the defects liability period is 6 months from the date of replacement or repair, if the original defects liability period for the Works Supplies 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 be obliged to provide the Customer with an updated version of the software in which the Defect has been remedied when such updated version is reasonably available from Tecosa or, if Tecosa is only licensee, from Tecosa’ licensor. If the software has been modified or individually developed by Tecosa, Tecosa shall in addition provide the Customer with a workaround or other interim corrective solution until the provision of an updated version of the software, if such workaround or interim solution is feasible at reasonable expense and if otherwise the Customer’s business operations would be substantially impeded. 10.6 If Tecosa carries out remedial work and it is ultimately not established that there was a Defect, the Customer shall pay Tecosa for such remedial work including error diagnosis. 10.7 Any other liability of Tecosa and any claims, rights and remedies of the Customer in case of defects of the Works, shall be excluded except as expressly stipulated in this Clause 10 and provided ▇▇▇▇▇▇ has failed at least three times in remedying the Defect, in Clause 16.2 b). All warranties, representations, conditions, and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this Contract.

Defects Liability. 10.1 9.1 In this Contract, and subject to Clause 10.29.2, a defect shall mean any non-conformity of the Works Supplies with the express terms of this Contract resulting from circumstances existing in the Works Supplies at the time of the transfer of risk to the Customer (“Defects”). 10.2 The 9.2 In particular, 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 WorksSupplies. 10.3 9.3 The Customer shall immediately inspect the Supplies upon delivery and shall notify Tecosa in writing of any Defects 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, 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 WorksSupplies, shall undertake any necessary dis-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 the title to the replaced defective parts parts/items shall transfer pass 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 9.4 Unless otherwise agreed, the defects liability period for any part of the Works Supplies is 12 months. It starts at the date of transfer of risk. For replaced or repaired parts of the WorksSupplies, the defects liability period is 6 months from the date of replacement or repair, if the original defects liability period for the Works Supplies 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 9.5 Tecosa does not warrant or o guarantee that the Works Product will be secure from Cyberthreats and does not contain any vulnerability. If software is defective, Tecosa shall only be obliged to provide the Customer with an updated version of the software in which the Defect has been remedied when such updated version is reasonably available from Tecosa or, if Tecosa is only licensee, from Tecosa’ licensor. If the software has been modified or individually developed by Tecosa, Tecosa shall in addition provide the Customer with a workaround or other interim corrective solution until the provision of an updated version of the software, if such workaround or interim solution is feasible at reasonable expense and if otherwise the Customer’s business operations would be substantially impeded. 10.6 9.6 If Tecosa carries out remedial work and it is ultimately not established that there was a Defect, the Customer shall pay Tecosa for such remedial work including error diagnosis. 10.7 9.7 Any other liability of Tecosa and any claims, rights and remedies of the Customer in case of defects of the WorksSupplies, shall be excluded except as expressly stipulated in this Clause 10 9 and provided ▇▇▇▇▇▇ has failed at least three times in remedying the Defectdefect, in Clause 16.2 b15.2b). All warranties, representations, conditions, and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this Contract.