Common use of Claims for defects Clause in Contracts

Claims for defects. 1. The risk of accidental loss is transferred to the customer with notification of the operational readiness by IPRO. 2. The defect rights of the customer require that the delivered products be checked immediately after delivery, where reasonable also with test use, and IPRO be immediately informed of open defects in writing, no later than two weeks after delivery of the products. IPRO must be notified in writing of any hidden defects immediately after their discovery. The customer must describe the defect in writing in their notification to IPRO. The claims for defects of the customer also require that, in installation, commissioning, operation and maintenance of the products the instructions, notes, directives and conditions are upheld in the technical notes and operating instructions and other documents of the products. 3. In the event of defects of the products, IPRO is entitled to rectification by elimination of the defect or delivery of a defect-free product at its own discretion. In the event of rectification, IPRO is obligated to bear all costs required for the purpose of rectification, particularly transportation, road, working and material costs, provided that these are not increased by the products being moved to a site other than the delivery address. Personnel and material costs that the customer claims in this context are to be calculated on a cost price basis. Replaced parts become the property of IPRO and are to be returned to IPRO. 4. If IPRO is not ready or in a position for rectification, the customer can choose to withdraw from the contract or reduce the delivery price without affecting any claims for compensation for damage or use. The same applies if the rectification fails, is unreasonable to the customer or is delayed beyond appropriate deadlines for reasons that IPRO has given. 5. If programmes are used on computers that were not purchased by IPRO, the guarantee does not cover such errors that are a result of the missing compatibility to the hardware recommended by IPRO. 6. If in an attempted improvement it transpires that there is an operation or compatibility error, IPRO can demand remuneration according to its usual rates for the amount of work provided, including travel and incidental costs. 7. The liability for defects does not comprise the guarantee for use or its success. Otherwise, this provision conclusively provides for the responsibility for defects rights. 8. The limitation period for the claims for defects of the customer is one year. If the defective products have been used for their normal use for a structure and caused their defectiveness or it is a question of a defect in a structure, then the limitation period is five years. It is also valid for claims from unauthorised use that is based on a defect of the products. The limitation period begins with the notification of the readiness for operation by IPRO or with the delivery of the products if no commissioning by IPRO is agreed upon. The reduction of limitation is not valid for the unlimited liability of IPRO for damages from the violation of a guarantee or from damage to life, body or health, for malice or gross negligence and for product errors or if IPRO has accepted a procurement risk. A statement by ▇▇▇▇ on a claim for defects made by the customer is not to be viewed as an entry into negotiations regarding the claim or the circumstances on which the claim is based, if the claim for defects is fully rejected by ▇▇▇▇.

Claims for defects. 1. The risk of accidental loss 9.1 If the delivery item is transferred defective, the Customer shall have the following rights: a) Gallus undertakes to the customer with notification of the operational readiness by IPRO. 2. The defect rights of the customer require that the delivered products be checked immediately after deliveryensure supplementary performance, where reasonable also with test use, and IPRO be immediately informed of open defects in writing, no later than two weeks after delivery of the products. IPRO must be notified in writing of any hidden defects immediately after their discovery. The customer must describe the defect in writing in their notification to IPRO. The claims for defects of the customer also require that, in installation, commissioning, operation and maintenance of the products the instructions, notes, directives and conditions are upheld in the technical notes and operating instructions and other documents of the products. 3. In the event of defects of the products, IPRO is entitled to rectification by elimination of either remedying the defect or delivery of a defectdelivering non-free product at its own discretiondefective supplies as it chooses. In the event of rectification, IPRO is obligated to bear all costs required for the purpose of rectification, particularly transportation, road, working and material costs, provided that these are not increased by the products being moved to a site other than the delivery address. Personnel and material costs that the customer claims in this context are to be calculated on a cost price basis. Replaced parts Parts replaced shall become the property of IPRO and are to be returned to IPROGallus. 4. b) If IPRO is not ready or in a position for rectificationsupplementary performance fails, the customer can choose Customer shall be entitled to withdraw from terminate the contract or reduce the delivery price without affecting purchase price. Termination shall not be permitted if ▇▇▇▇▇▇ has only committed a minor violation of obligations. c) The Customer must allow the necessary time and opportunity for Gallus to undertake all improvements it feels are necessary and make replacement deliveries. Otherwise, Gallus shall be released from any liability for the consequences. If, for operational reasons, the Customer wants Gallus to send out an emergency service engineer or perform work outside normal working hours, it must pay the associated additional costs incurred by Gallus (e.g. overtime premiums, longer journeys). d) The period of limitation for claims for compensation for damage or userelating to defects shall be one year from delivery. The same applies if the rectification fails, is unreasonable to the customer or is delayed beyond appropriate deadlines for reasons that IPRO has givenCustomer must notify Gallus of any defects promptly. 5. If programmes are 9.2 Claims for defects shall not be permitted: a) For used on computers that were not purchased by IPROplant or other used items, the guarantee does not cover such errors that are a result of the missing compatibility to the hardware recommended by IPROunless liability for defects is expressly agreed. 6. If in an attempted improvement it transpires that there is an operation or compatibility errorb) For wear and tear to materials and parts which, IPRO can demand remuneration according due to its usual rates for the amount of work providedtheir nature, including travel are subject to unavoidable and incidental costs. 7. The normal wear and tear; liability for defects does not comprise include this. c) If the Customer operates the delivery item in functional conjunction with hardware or software components already present or obtained from third parties, insofar as the fault is caused by these components or their lack of compatibility with the Gallus delivery item. Any guarantee provided by Gallus of compatibility with third-party products shall only apply to the current version at the time this guarantee was provided and not to older or future versions of this product (software upgrades, service releases or software updates). d) If and insofar as a fault is due to the Customer’s failure to ensure compliance with basic technical conditions specified in the documentation and supporting documents. e) If and insofar as a fault is due to the Customer’s failure to carry out maintenance work as detailed in the operating manuals or to have this work carried out. f) The Customer must pay for use the service callouts required to remedy the faults referred to in Clauses a) to e) in accordance with the relevant service conditions applied by Gallus and at the rates applying to individual service assignments. 9.3 The Customer shall have sole responsibility for losses resulting from unavoidable, normal wear and tear, defective or its successnegligent handling, excessive operational demands, unsuitable operating equipment, an inappropriate installation location, in particular the ground surface, any lack of stability or inadequate safeguarding of the power supply, chemical, electrochemical or electrical influences, the weather or other natural influences. 9.4 The Customer shall pay additional supplementary performance costs associated with taking the delivery item to a location other than the delivery location. 9.5 On discovering a defect in consumables, such consumables must be isolated in the condition in which the defect was discovered and made available to Gallus for examination. Otherwise, this provision conclusively provides they shall be deemed to have been approved in the condition in which they were delivered with no further liability for the responsibility for defects rightsGallus. 8. 9.6 The limitation period for Customer undertakes to ensure that all operating staff receive training appropriate to the claims for defects complexity of the customer is one yeardelivery item. If the defective products have been used Gallus cannot be held responsible for their normal use for problems arising as a structure and caused their defectiveness or it is a question result of a defect in a structure, then the limitation period is five years. It is also valid for claims from unauthorised use that is based on a defect inadequate training of the products. The limitation period begins with the notification of the readiness for operation by IPRO or with the delivery of the products if no commissioning by IPRO is agreed upon. The reduction of limitation is not valid for the unlimited liability of IPRO for damages from the violation of a guarantee or from damage to life, body or health, for malice or gross negligence and for product errors or if IPRO has accepted a procurement risk. A statement by ▇▇▇▇ on a claim for defects made by the customer is not to be viewed as an entry into negotiations regarding the claim or the circumstances on which the claim is based, if the claim for defects is fully rejected by ▇▇▇▇Customer’s personnel.

Claims for defects. 1. The risk of accidental loss 9.1 If the delivery item is transferred defective, the Customer shall have the following rights: a) Gallus undertakes to the customer with notification of the operational readiness by IPRO. 2. The defect rights of the customer require that the delivered products be checked immediately after deliveryensure supplementary performance, where reasonable also with test use, and IPRO be immediately informed of open defects in writing, no later than two weeks after delivery of the products. IPRO must be notified in writing of any hidden defects immediately after their discovery. The customer must describe the defect in writing in their notification to IPRO. The claims for defects of the customer also require that, in installation, commissioning, operation and maintenance of the products the instructions, notes, directives and conditions are upheld in the technical notes and operating instructions and other documents of the products. 3. In the event of defects of the products, IPRO is entitled to rectification by elimination of either remedying the defect or delivery of a defectdelivering non-free product at its own discretiondefective supplies as it chooses. In the event of rectification, IPRO is obligated to bear all costs required for the purpose of rectification, particularly transportation, road, working and material costs, provided that these are not increased by the products being moved to a site other than the delivery address. Personnel and material costs that the customer claims in this context are to be calculated on a cost price basis. Replaced parts Parts replaced shall become the property of IPRO and are to be returned to IPROGallus. 4. b) If IPRO is not ready or in a position for rectificationsupplementary performance fails, the customer can choose Customer shall be entitled to withdraw from terminate the contract or reduce the delivery price without affecting purchase price. Termination shall not be permitted if Gallus has only committed a minor violation of obligations. c) The Customer must allow the necessary time and opportunity for Gallus to undertake all improvements it feels are necessary and make replacement deliveries. Otherwise, Gallus shall be released from any liability for the consequences. If, for operational reasons, the Customer wants Gallus to send out an emergency service engineer or perform work outside normal working hours, it must pay the associated additional costs incurred by Gallus (e.g. overtime premiums, longer journeys). d) The period of limitation for claims for compensation for damage or userelating to defects shall be one year from delivery. The same applies if the rectification fails, is unreasonable to the customer or is delayed beyond appropriate deadlines for reasons that IPRO has givenCustomer must notify Gallus of any defects promptly. 5. If programmes are 9.2 Claims for defects shall not be permitted: a) For used on computers that were not purchased by IPROplant or other used items, the guarantee does not cover such errors that are a result of the missing compatibility to the hardware recommended by IPROunless liability for defects is expressly agreed. 6. If in an attempted improvement it transpires that there is an operation or compatibility errorb) For wear and tear to materials and parts which, IPRO can demand remuneration according due to its usual rates for the amount of work providedtheir nature, including travel are subject to unavoidable and incidental costs. 7. The normal wear and tear; liability for defects does not comprise include this. c) If the Customer operates the delivery item in functional conjunction with hardware or software components already present or obtained from third parties, insofar as the fault is caused by these components or their lack of compatibility with the Gallus delivery item. Any guarantee provided by Gallus of compatibility with third-party products shall only apply to the current version at the time this guarantee was provided and not to older or future versions of this product (software upgrades, service releases or software updates). d) If and insofar as a fault is due to the Customer’s failure to ensure compliance with basic technical conditions specified in the documentation and supporting documents. e) If and insofar as a fault is due to the Customer’s failure to carry out maintenance work as detailed in the operating manuals or to have this work carried out. f) The Customer must pay for use the service callouts required to remedy the faults referred to in Clauses a) to e) in accordance with the relevant service conditions applied by Gallus and at the rates applying to individual service assignments. 9.3 The Customer shall have sole responsibility for losses resulting from unavoidable, normal wear and tear, defective or its successnegligent handling, excessive operational demands, unsuitable operating equipment, an inappropriate installation location, in particular the ground surface, any lack of stability or inadequate safeguarding of the power supply, chemical, electrochemical or electrical influences, the weather or other natural influences. 9.4 The Customer shall pay additional supplementary performance costs associated with taking the delivery item to a location other than the delivery location. 9.5 On discovering a defect in consumables, such consumables must be isolated in the condition in which the defect was discovered and made available to Gallus for examination. Otherwise, this provision conclusively provides they shall be deemed to have been approved in the condition in which they were delivered with no further liability for the responsibility for defects rightsGallus. 8. 9.6 The limitation period for Customer undertakes to ensure that all operating staff receive training appropriate to the claims for defects complexity of the customer is one yeardelivery item. If the defective products have been used Gallus cannot be held responsible for their normal use for problems arising as a structure and caused their defectiveness or it is a question result of a defect in a structure, then the limitation period is five years. It is also valid for claims from unauthorised use that is based on a defect inadequate training of the products. The limitation period begins with the notification of the readiness for operation by IPRO or with the delivery of the products if no commissioning by IPRO is agreed upon. The reduction of limitation is not valid for the unlimited liability of IPRO for damages from the violation of a guarantee or from damage to life, body or health, for malice or gross negligence and for product errors or if IPRO has accepted a procurement risk. A statement by ▇▇▇▇ on a claim for defects made by the customer is not to be viewed as an entry into negotiations regarding the claim or the circumstances on which the claim is based, if the claim for defects is fully rejected by ▇▇▇▇Customer’s personnel.