Common use of Defects Liability Clause in Contracts

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. 10.4 There shall be no warranty claim for insignificant deviations from the agreed quality, of only minor impairments of usability, for normal wear and tear, or impairments due to improper or negligent handling by Customer, unsuitable equipment provided by Customer, non-reproducible software errors or special external influences which are not identified within the Contract. In addition, software errors are only deemed a defect if the defect occurs in the most current software version at the given time. 10.5 If software is defective, Siemens shall only be obliged to provide the Customer with an updated version of the software in which the defect has been remedied when Siemens can be reasonably expected to provide such updated version or, if Siemens is only licensee, such updated version is reasonably available from Siemens’ licensor. If the software has been modified or individually developed by Siemens, Siemens shall in addition provide the Customer with a workaround or other interim error correcting solution until the provision of an updated version of the software in which the defect is remedied, if such workaround or interim solution is feasible at reasonable expense and if otherwise the Customer’s business operations would be stopped or substantially impeded. 10.6 If Siemens re-performs allegedly defective Services and it is ultimately not established that the Services were defective, the Customer shall pay Siemens for such re-performance. 10.7 Any other liability of Siemens and any claims, rights and remedies of the Customer in case of defective Services or defects shall be excluded except as expressly stipulated in this Clause 10 or – in case Siemens failed at least three times in remedying/re-performing – 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 Siemens shall be liable for the proper performance of the Services in accordance with In this Contract. If Siemens delivers materials , and goods in connection with the Servicessubject to Clause 10.2, Siemens a defect shall be liable to the Customer for 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 riskrisk 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 immediately notify Siemens in writing of any defective Services or defective materials and goods 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, Siemens shall, at its option, remedy a Defect by repair, replacement, or re- performance. Siemens shall be given a reasonable period of time and opportunity to re-perform remedy the Services and/orDefect. For this purpose, at its option, repair or replace defective materials or goods. The the Customer shall grant Siemens working access to the defective Servicesnon- conforming Works, material, or goods, and shall undertake any necessary disassembly dis-assembly and reassemblyre-assembly, 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 defective parts shall pass transfer to Siemens. Insofar as a part has to be merely delivered, the Customer shall immediately inspect that part and shall notify 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. 10.3 The 10.4 Unless otherwise agreed, the defects liability period for any part of the Services shall expire Works is 12 months after provision months. It starts at the date of the defective Services or acceptance if agreed. For materials and goods, the defects liability period shall expire 12 months after the transfer or of risk. For re-performed Services and replaced or repaired materials and goodsparts of the Works, the defects liability period is 6 months from the date of re-performance, replacement, 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. 10.4 There shall be no warranty claim . Siemens is not liable for insignificant deviations from any Defects unless notified in writing by the agreed quality, Customer to Siemens before the end of only minor impairments of usability, for normal wear and tear, or impairments due to improper or negligent handling by Customer, unsuitable equipment provided by Customer, non-reproducible software errors or special external influences which are not identified within the Contract. In addition, software errors are only deemed a defect if the defect occurs in the most current software version at the given timedefects liability period. 10.5 If software is defective, Siemens shall only be obliged to provide the Customer with an updated version of the software in which the defect Defect has been remedied when Siemens can be reasonably expected to provide such updated version is reasonably available from Siemens or, if Siemens is only licensee, such updated version is reasonably available from Siemens’ licensor. If the software has been modified or individually developed by Siemens, Siemens shall in addition provide the Customer with a workaround or other interim error correcting corrective solution until the provision of an updated version of the software in which the defect is remediedsoftware, if such workaround or interim solution is feasible at reasonable expense and if otherwise the Customer’s business operations would be stopped or substantially impeded. 10.6 If Siemens re-performs allegedly defective Services carries out remedial work and it is ultimately not established that the Services were defectivethere was a Defect, the Customer shall pay Siemens for such re-performanceremedial work including error diagnosis. 10.7 Any other liability of Siemens and any claims, rights and remedies of the Customer in case of defective Services or defects of the Works shall be excluded except as expressly stipulated in this Clause 10 or and – in case provided Siemens failed at least three times in remedying/re-performing 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 Siemens shall be liable for the proper performance of the Services in accordance with In this Contract. If Siemens delivers materials , and goods in connection with the Servicessubject to Clause 10.2, Siemens a defect shall be liable to the Customer for 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 riskrisk 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 immediately notify Siemens in writing of any defective Services or defective materials and goods 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, Siemens shall, at its option, remedy a Defect by repair, replacement, or re-performance. Siemens shall be given a reasonable period of time and opportunity to re-perform remedy the Services and/orDefect. For this purpose, at its option, repair or replace defective materials or goods. The the Customer shall grant Siemens working access to the defective Servicesnon-conforming Works, material, or goods, and shall undertake any necessary disassembly dis-assembly and reassemblyre-assembly, 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 defective parts shall pass transfer to Siemens. Insofar as a part has to be merely delivered, the Customer shall immediately inspect that part and shall notify 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. 10.3 The 10.4 Unless otherwise agreed, the defects liability period for any part of the Services shall expire Works is 12 months after provision months. It starts at the date of the defective Services or acceptance if agreedtransfer of risk as per Clause 5. 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 goodsparts of the Works, the defects liability period is 6 months from the date of re-performance, replacement, 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. 10.4 There shall be no warranty claim . Siemens is not liable for insignificant deviations from any Defects unless notified in writing by the agreed quality, Customer to Siemens before the end of only minor impairments of usability, for normal wear and tear, or impairments due to improper or negligent handling by Customer, unsuitable equipment provided by Customer, non-reproducible software errors or special external influences which are not identified within the Contract. In addition, software errors are only deemed a defect if the defect occurs in the most current software version at the given timedefects liability period. 10.5 Siemens does not warrant or guarantee that the Works will be secure from Cyberthreats and does not contain any vulnerability. If software is defective, Siemens shall only be obliged to provide the Customer with an updated version of the software in which the defect Defect has been remedied when Siemens can be reasonably expected to provide such updated version is reasonably available from Siemens or, if Siemens is only licensee, such updated version is reasonably available from Siemens’ licensor. If the software has been modified or individually developed by Siemens, Siemens shall in addition provide the Customer with a workaround or other interim error correcting corrective solution until the provision of an updated version of the software in which the defect is remediedsoftware, if such workaround or interim solution is feasible at reasonable expense and if otherwise the Customer’s business operations would be stopped or substantially impeded. 10.6 If Siemens re-performs allegedly defective Services carries out remedial work and it is ultimately not established that the Services were defectivethere was a Defect, the Customer shall pay Siemens for such re-performanceremedial work including error diagnosis. 10.7 Any other liability of Siemens and any claims, rights and remedies of the Customer in case of defective Services or defects of the Works shall be excluded except as expressly stipulated in this Clause 10 or – in case Siemens failed at least three times in remedying/re-performing – in Clause 16.2 b)10. 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 lawextent, excluded from this Contract.

Defects Liability. 10.1 Siemens shall be liable for the proper performance of the Services in accordance with 9.1 In this Contract. If Siemens delivers materials , and goods in connection with the Servicessubject to Clause 9.2, Siemens a defect shall be liable to the Customer for mean any non-conformity of the Supplies with the express terms of this Contract resulting from circumstances existing in the Supplies at the time of the transfer of riskrisk to the Customer (“Defects”). 10.2 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 Supplies. 9.3 The Customer shall immediately inspect the Supplies upon delivery and shall notify Siemens in writing of any defective Services or defective materials and goods Defects without undue delay. The Customer’s claims in respect of defects shall be excluded for any apparent defects defects, if the Customer has failed to do so. Upon such written notification, Siemens shall, at its option, remedy a Defect by repair, replacement, or re-performance. Siemens shall be given a reasonable period of time and opportunity to re-perform remedy the Services and/orDefect. For this purpose, at its option, repair or replace defective materials or goods. The the Customer shall grant Siemens working access to the defective Servicesnon- conforming Supplies, material, or goods, and shall undertake any necessary disassembly dis- assembly and reassemblyre-assembly, 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 9.4 Unless otherwise agreed, the defects liability period for any part of the Services shall expire Supplies is 12 months after provision months. It starts at the date of the defective Services or acceptance if agreed. For materials and goods, the defects liability period shall expire 12 months after the transfer or of risk. For re-performed Services and replaced or repaired materials and goodsparts of the Supplies, the defects liability period is 6 months from the date of re-performance, replacement, replacement or repair, if the original defects liability period for the 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. 10.4 There shall 9.5 Siemens does not warrant o guarantee that the Product will be no warranty claim for insignificant deviations secure from the agreed quality, of only minor impairments of usability, for normal wear Cyberthreats and tear, or impairments due to improper or negligent handling by Customer, unsuitable equipment provided by Customer, non-reproducible software errors or special external influences which are does not identified within the Contractcontain any vulnerability. In addition, software errors are only deemed a defect if the defect occurs in the most current software version at the given time. 10.5 If software is defective, Siemens shall only be obliged to provide the Customer with an updated version of the software in which the defect Defect has been remedied when Siemens can be reasonably expected to provide such updated version is reasonably available from Siemens or, if Siemens is only licensee, such updated version is reasonably available from Siemens’ licensor. If the software has been modified or individually developed by Siemens, Siemens shall in addition provide the Customer with a workaround or other interim error correcting corrective solution until the provision of an updated version of the software in which the defect is remediedsoftware, if such workaround or interim solution is feasible at reasonable expense and if otherwise the Customer’s business operations would be stopped or substantially impeded. 10.6 9.6 If Siemens re-performs allegedly defective Services carries out remedial work and it is ultimately not established that the Services were defectivethere was a Defect, the Customer shall pay Siemens for such re-performanceremedial work including error diagnosis. 10.7 9.7 Any other liability of Siemens and any claims, rights and remedies of the Customer in case of defective Services or defects of the Supplies, shall be excluded except as expressly stipulated in this Clause 10 or – in case 9 and provided Siemens failed at least three times in remedying/re-performing – remedying the defect, 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.

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, 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. 10.4 There shall be no warranty claim for insignificant deviations from the agreed quality, of only minor impairments of usability, for normal wear and tear, or impairments due to improper or negligent handling by Customer, unsuitable equipment provided by Customer, non-reproducible software errors or special external influences which are not identified within the Contract. In addition, software errors are only deemed a defect if the defect occurs in the most current software version at the given time. 10.5 Siemens does not warrant or guarantee that any part of the Services will be secure from Cyberthreats and does not contain any vulnerability. If software is defective, Siemens shall only be obliged to provide the Customer with an updated version of the software in which the defect has been remedied when Siemens can be reasonably expected to provide such updated version or, if Siemens is only licensee, such updated version is reasonably available from Siemens’ licensor. If the software has been modified or individually developed by Siemens, Siemens shall in addition provide the Customer with a workaround or other interim error correcting solution until the provision of an updated version of the software in which the defect is remedied, if such workaround or interim solution is feasible at reasonable expense and if otherwise the Customer’s business operations would be stopped or substantially impeded. 10.6 If Siemens re-performs allegedly defective Services and it is ultimately not established that the Services were defective, the Customer shall pay Siemens for such re-performance. 10.7 Any other liability of Siemens and any claims, rights and remedies of the Customer in case of defective Services or defects shall be excluded except as expressly stipulated in this Clause 10 or – in case Siemens failed at least three times in remedying/re-performing – 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. Should Siemens provides quality warranty, such quality warranty would replace rights arising out of defects liability.

Defects Liability. 10.1 Siemens shall be liable for the proper performance of the Services in accordance with In this Contract. If Siemens delivers materials , and goods in connection with the Servicessubject to Clause 10.2, Siemens a defect shall be liable to the Customer for 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 riskrisk 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 immediately notify Siemens in writing of any defective Services or defective materials and goods 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, Siemens shall, at its option, remedy a Defect by repair, replacement, or re-performance. Siemens shall be given a reasonable period of time and opportunity to re-perform remedy the Services and/orDefect. For this purpose, at its option, repair or replace defective materials or goods. The the Customer shall grant Siemens working access to the defective Servicesnon- conforming Works, material, or goods, and shall undertake any necessary disassembly dis-assembly and reassemblyre-assembly, 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 defective parts shall pass transfer to Siemens. Insofar as a part has to be merely delivered, the Customer shall immediately inspect that part and shall notify 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. 10.3 The 10.4 Unless otherwise agreed, the defects liability period for any part of the Services shall expire Works is 12 months after provision months. It starts at the date of the defective Services or acceptance if agreed. For materials and goods, the defects liability period shall expire 12 months after the transfer or of risk. For re-performed Services and replaced or repaired materials and goodsparts of the Works, the defects liability period is 6 months from the date of re-performance, replacement, 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. 10.4 There shall be no warranty claim . Siemens is not liable for insignificant deviations from any Defects unless notified in writing by the agreed quality, Customer to Siemens before the end of only minor impairments of usability, for normal wear and tear, or impairments due to improper or negligent handling by Customer, unsuitable equipment provided by Customer, non-reproducible software errors or special external influences which are not identified within the Contract. In addition, software errors are only deemed a defect if the defect occurs in the most current software version at the given timedefects liability period. 10.5 Siemens does not warrant or guarantee that the Works will be secure from Cyberthreats and does not contain any vulnerability. If software is defective, Siemens shall only be obliged to provide the Customer with an updated version of the software in which the defect Defect has been remedied when Siemens can be reasonably expected to provide such updated version is reasonably available from Siemens or, if Siemens is only licensee, such updated version is reasonably available from Siemens’ licensor. If the software has been modified or individually developed by Siemens, Siemens shall in addition provide the Customer with a workaround or other interim error correcting corrective solution until the provision of an updated version of the software in which the defect is remediedsoftware, if such workaround or interim solution is feasible at reasonable expense and if otherwise the Customer’s business operations would be stopped or substantially impeded. 10.6 If Siemens re-performs allegedly defective Services carries out remedial work and it is ultimately not established that the Services were defectivethere was a Defect, the Customer shall pay Siemens for such re-performanceremedial work including error diagnosis. 10.7 Any other liability of Siemens and any claims, rights and remedies of the Customer in case of defective Services or defects of the Works, shall be excluded except as expressly stipulated in this Clause 10 or – in case and provided Siemens has failed at least three times in remedying/re-performing – 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 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 ServicesSer- vices, Siemens shall be liable to the Customer for any non-conformity with express terms of this Contract resulting re- sulting from circumstances existing at the time of the transfer of risk. 10.2 10.2. The Customer shall immediately notify Siemens in writing writ- ing of any defective Services or defective materials and goods without undue delay. The Customer’s claims in respect re- spect of defects shall be excluded for any apparent defects de- fects if the Customer has failed to do so. Upon such written notification, Siemens shall be given a reasonable rea- sonable period of time and opportunity to re-perform the Services Ser- vices and/or, at its option, repair or replace defective materials or goods. The Where possible Siemens is entitled to rectify the de- fect by means of remote access. For this purpose, the Customer shall at no charge to Siemens: a) provide Siemens with the documentation and information which is necessary for the rectifica- tion of a defect, b) grant Siemens working access to the defective Services, material, or goods, and shall , c) undertake any necessary disassembly and reassembly, re- assembly, d) for defects that occur in the software: ensure that Siemens has available to it the necessary hardware and shall provide access to operation and maintenance data, all at no charge to Siemenssoftware as well as the neces- sary operating conditions with suitable person- nel. Upon Siemens’ request, the Customer shall ensure that the title ti- tle to the replaced parts/items shall pass to Siemens. 10.3 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. Unless agreed otherwise in writ- ing, transfer of risk to the Customer shall occur when Sie- mens has notified the Customer that the Services are complete, or, if the Services are subject to acceptance as per Clause 9, at the acceptance date. For re-performed Services and replaced or repaired materials ma- terials 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 lia- bility period. 10.4 10.4. There shall be no warranty claim for insignificant deviations devia- tions from the agreed quality, of only minor impairments of usability, for normal wear and tear, or impairments due to improper or negligent handling handling, or from incorrect changes or incorrect maintenance work or incorrect ex- tension of the Services via interfaces by the Customer, unsuitable equipment and/or an unsuitable operating en- vironment both not provided by CustomerSiemens under this Con- tract, for claims due to any external risks not expressly assumed by Siemens under this Contract or non-reproducible repro- ducible software errors or special external influences which are not identified within the Contracterrors. In addition, software errors are only deemed a defect if the defect occurs in the most current software version at the given time. 10.5 10.5. Siemens does not warrant or guarantee that any part of the Services will be secure from Cyberthreats and does not contain any vulnerability. If software is defective, Siemens Sie- mens shall only be obliged to provide the Customer with an updated version of the software in which the defect has been remedied when Siemens can be reasonably expected to provide such updated version or, if Siemens is only licensee, such updated version is reasonably available from Siemens’ licensor. If the software has been modified or individually developed by Siemens, Siemens shall in addition provide the Customer with a workaround or other interim error correcting solution until the provision of an updated version of the software in which the defect is remedied, if such workaround or interim in- terim solution is feasible at reasonable expense and if otherwise the Customer’s business operations would be stopped or substantially impeded. 10.6 If Siemens re-performs allegedly defective Services and it is ultimately not established that . Defects will only be remedied in the Services were defective, the Customer shall pay Siemens for such re-performance. 10.7 Any other liability of Siemens and any claims, rights and remedies latest software version provided under this Contract. Potential claims of the Customer in case relation to an earlier software version shall not be affected, pro- vided that the Customer legitimately uses a license in re- lation to an earlier version of defective Services or defects shall be excluded except as expressly stipulated the software (because the Customer has been given the option to exercise the right of use in this Clause 10 or – in case Siemens failed at least three times in remedying/re-performing – in Clause 16.2 brelation to the earlier version). All warrantiesSiemens shall not be liable for software defects if the software is pro- vided free of license fee and/or for validation purposes such as, representationse.g., conditions, and all other terms of any kind whatsoever implied by statute trial or common law are, demo licenses or as additional programs with application examples attached to the fullest Ser- vices. 10.6. If and to the extent permitted by applicable lawthe Customer has acquired a sub- scription, excluded from this ContractSiemens shall during the agreed term provide and maintain the Services in a state suitable for use as contractually agreed and shall remedy reported Defects in the Services in accordance with section 10.

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. The Customer shall be responsible for the customs clearance in the country where the project is located and for the further transport from the places of delivery for all equipment necessary to remedy the defective Services. 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. 10.4 There shall be no warranty claim for insignificant deviations from the agreed quality, of only minor impairments of usability, for normal wear and tear, or impairments due to improper or negligent handling by Customer, unsuitable equipment provided by Customer, non-reproducible software errors or special external influences which are not identified within the Contract. In addition, software errors are only deemed a defect if the defect occurs in the most current software version at the given time. 10.5 Siemens does not warrant or guarantee that any part of the Services will be secure from Cyberthreats and does not contain any vulnerability. If software is defective, Siemens shall only be obliged to provide the Customer with an updated version of the software in which the defect has been remedied when Siemens can be reasonably expected to provide such updated version or, if Siemens is only licensee, such updated version is reasonably available from Siemens’ licensor. If the software has been modified or individually developed by Siemens, Siemens shall in addition provide the Customer with a workaround or other interim error correcting solution until the provision of an updated version of the software in which the defect is remedied, if such workaround or interim solution is feasible at reasonable expense and if otherwise the Customer’s business operations would be stopped or substantially impeded. 10.6 If Siemens re-performs allegedly defective Services and it is ultimately not established that the Services were defective, the Customer shall pay Siemens for such re-performance. 10.7 Any other liability of Siemens and any claims, rights and remedies of the Customer in case of defective Services or defects shall be excluded except as expressly stipulated in this Clause 10 or – in case Siemens failed at least three times in remedying/re-performing – 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 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. Unless agreed otherwise in writing, transfer of risk to the Customer shall occur when Siemens has notified the Customer that the Services are complete, or, if the Services are subject to acceptance as per Clause 9, at the acceptance date. 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. 10.4 There shall be no warranty claim for insignificant deviations from the agreed quality, of only minor impairments of usability, for normal wear and tear, or impairments due to improper or negligent handling by Customer, unsuitable equipment provided by Customer, non-reproducible software errors or special external influences which are not identified within the Contract. In addition, software errors are only deemed a defect if the defect occurs in the most current software version at the given time. 10.5 Siemens does not warrant or guarantee that any part of the Services will be secure from Cyberthreats and does not contain any vulnerability. If software is defective, Siemens shall only be obliged to provide the Customer with an updated version of the software in which the defect has been remedied when Siemens can be reasonably expected to provide such updated version or, if Siemens is only licensee, such updated version is reasonably available from Siemens’ licensor. If the software has been modified or individually developed by Siemens, Siemens shall in addition provide the Customer with a workaround or other interim error correcting solution until the provision of an updated version of the software in which the defect is remedied, if such workaround or interim solution is feasible at reasonable expense and if otherwise the Customer’s business operations would be stopped or substantially impeded. 10.6 If Siemens re-performs allegedly defective Services and it is ultimately not established that the Services were defective, the Customer shall pay Siemens for such re-performance. 10.7 Any other liability of Siemens and any claims, rights and remedies of the Customer in case of defective Services or defects shall be excluded except as expressly stipulated in this Clause 10 or – in case Siemens failed at least three times in remedying/re-performing – in Clause 16.2 b)10. 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 lawpermitted, excluded from this Contract.

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, 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. 10.4 There shall be no warranty claim for insignificant deviations from the agreed quality, of only minor impairments of usability, for normal wear and tear, or impairments due to improper or negligent handling by Customer, unsuitable equipment provided by Customer, non-reproducible software errors or special external influences which are not identified within the Contract. In addition, software errors are only deemed a defect if the defect occurs in the most current software version at the given time. 10.5 Siemens does not warrant or guarantee that any part of the Services will be secure from Cyberthreats and does not contain any vulnerability. If software is defective, Siemens shall only be obliged to provide the Customer with an updated version of the software in which the defect has been remedied when Siemens can be reasonably expected to provide such updated version or, if Siemens is only licensee, such updated version is reasonably available from Siemens’ licensor. If the software has been modified or individually developed by Siemens, Siemens shall in addition provide the Customer with a workaround or other interim error correcting solution until the provision of an updated version of the software in which the defect is remedied, if such workaround or interim solution is feasible at reasonable expense and if otherwise the Customer’s business operations would be stopped or substantially impeded. 10.6 If Siemens re-performs allegedly defective Services and it is ultimately not established that the Services were defective, the Customer shall pay Siemens for such re-performance. 10.7 Any other liability of Siemens and any claims, rights and remedies of the Customer in case of defective Services or defects shall be excluded except as expressly stipulated in this Clause 10 or – in case Siemens failed at least three times in remedying/re-performing – 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. Should Siemens provided quality warranty, such quality warranty would replace rights arising out of defects liability.