Common use of Hardware Purchase Clause in Contracts

Hardware Purchase. 11.1.1 If the hardware is defective so as to considerably impair its contrac- tual use, the customer shall have the right to demand that Telekom either makes subsequent improvements or provides the service again (subsequent performance). If the customer has set a reasonable period of grace for Telekom after an initial demand for action, and if Telekom has refused to effect subsequent performance or if subsequent performance is unsuccessful, the customer shall reserve the right to demand either rescission of the agreement or a reduction in the remuneration. If the service deviates only slightly, without limiting the functional- ity, the customer may only demand a reduction in payment. 11.1.2 The liability for material defects shall not apply to services provided by Telekom that have been modified or otherwise interfered with by the customer, unless the customer proves, in conjunction with the defect reported, that the intervention did not cause the defect. The liability for material defects shall also not apply if the customer fails to report the defect to Telekom in writing without undue delay after having detected it, or if the customer does not use the service under the contractually agreed conditions as stipulated in the prod- uct description and the user manual. 11.1.3 The customer's rights under Telekom' warranty as set forth in Items 11.1.1 and 11.1.2 shall be in effect for one year after perfor- ▇▇▇▇▇ or acceptance of the service. This restriction shall not apply to compensation claims that are based on the violation by Telekom of claims to subsequent perfor- ▇▇▇▇▇ in the event of defects. Compensation claims based on re- fusal to provide subsequent performance may only be asserted within the statutory period of limitation if the claim to subsequent performance is asserted by the customer within the reduced period for material defect claims. 11.1.4 If, after a fault has been reported, Telekom has provided services to identify defects and no material defects have been identified and this could have been recognized by the customer, the customer shall bear the costs incurred in this respect. Telekom' rates that are in effect when the service is performed shall be used as the basis for calculating the costs.

Hardware Purchase. 11.1.1 If the hardware is defective so as to considerably impair its contrac- tual use, the customer shall have the right to demand that Telekom DT Se- curity either makes subsequent improvements or provides the service ser- vice again (subsequent performance). If the customer has set a reasonable period of grace for Telekom DT Security after an initial demand for action, and if Telekom DT Security has refused to effect subsequent performance or if subsequent performance is unsuccessful, the customer shall reserve the right to demand either rescission of the agreement or a reduction in the remuneration. If the service deviates only slightly, without limiting the functional- ity, the customer may only demand a reduction in payment. 11.1.2 The liability for material defects shall not apply to services provided by Telekom DT Security that have been modified or otherwise interfered with by the customer, unless the customer proves, in conjunction with the defect reported, that the intervention did not cause the defect. The liability for material defects shall also not apply if the customer fails to report the defect to Telekom DT Security in writing without undue delay ▇▇- ▇▇▇ after having detected it, or if the customer does not use the service ser- vice under the contractually agreed conditions as stipulated in the prod- uct product description and the user manual. 11.1.3 The customer's rights under TelekomDT Security' warranty as set forth in Items 11.1.1 and 11.1.2 shall be in effect for one year after perfor- ▇▇▇▇▇ or acceptance of the service. This restriction shall not apply to compensation claims that are based on the violation by Telekom DT Security of claims to subsequent perfor- ▇▇▇▇▇ per- formance in the event of defects. Compensation claims based on re- fusal refusal to provide subsequent performance may only be asserted within the statutory period of limitation if the claim to subsequent performance is asserted by the customer within the reduced period for material defect claims. 11.1.4 If, after a fault has been reported, Telekom DT Security has provided services ser- vices to identify defects and no material defects have been identified identi- fied and this could have been recognized by the customer, the customer cus- tomer shall bear the costs incurred in this respect. TelekomDT Security' rates that are in effect when the service is performed shall be used as the basis for calculating the costs.

Hardware Purchase. 11.1.1 If the hardware is defective so as to considerably impair its contrac- tual use, the customer shall have the right to demand that Telekom T-Sys- tems either makes subsequent improvements or provides the service ser- vice again (subsequent performance). If the customer has set a reasonable period of grace for Telekom T-Systems after an initial demand for action, and if Telekom T-Systems has refused to effect subsequent performance or if subsequent performance is unsuccessful, the customer shall reserve the right to demand either rescission of the agreement or a reduction in the remuneration. If the service deviates only slightly, without limiting the functional- ity, the customer may only demand a reduction in payment. 11.1.2 The liability for material defects shall not apply to services provided by Telekom T-Systems that have been modified or otherwise interfered with by the customer, unless the customer proves, in conjunction with the defect reported, that the intervention did not cause the defect. The liability for material defects shall also not apply if the customer fails to report the defect to Telekom T-Systems in writing without undue delay ▇▇- ▇▇▇ after having detected it, or if the customer does not use the service ser- vice under the contractually agreed conditions as stipulated in the prod- uct product description and the user manual. 11.1.3 The customer's rights under TelekomT-Systems' warranty as set forth in Items 11.1.1 and 11.1.2 shall be in effect for one year after perfor- ▇▇▇▇▇ or acceptance of the service. This restriction shall not apply to compensation claims that are based on the violation by Telekom T-Systems of claims to subsequent perfor- ▇▇▇▇▇ per- formance in the event of defects. Compensation claims based on re- fusal refusal to provide subsequent performance may only be asserted within the statutory period of limitation if the claim to subsequent performance is asserted by the customer within the reduced period for material defect claims. 11.1.4 If, after a fault has been reported, Telekom T-Systems has provided services to identify defects and no material defects have been identified and this could have been recognized by the customer, the customer shall bear the costs incurred in this respect. TelekomT-Systems' rates that are in effect when the service is performed shall be used as the basis ba- sis for calculating the costs.