Common use of Performance of Service Clause in Contracts

Performance of Service. If not otherwise agreed, place of performance shall be the Buyer´s site. If in derogation from the latter, the Service is carried out at the Seller´s site, the delivery of the Equipment to the Seller´s site will be at the risk and account of the Buyer, if not otherwise agreed. The property and the risk of accidental loss or damage to the Equipment shall at all times remain with the Buyer. Upon completion of the Service, the Buyer has to accept the Service within 10 working days, otherwise it shall be deemed to be accepted. In the event of proven non-compliance with regard to the Agreement, it must be mentioned on the acceptance protocol. The Seller has to carry out the appropriate corrective action, within a mutually agreed period and at no additional cost for the Buyer.