Common use of Liability for Subcontractors Clause in Contracts

Liability for Subcontractors. ‌ The Supplier accepts liability for subcontractors’ products and services under the Contract as if they were the Supplier’s own products and services. In case of any Fault in third-party products which the Supplier ought not to have recog- nised or foreseen at the time of the Contract, and which is in the nature of a Fault in the Software in relation to the subcontractor’s specifications (program error), and not a Fault in relation to the requirements for the Delivery in the Contract (system error), the follow- ing limitations apply to the Supplier’s duty to take corrective action: • The Supplier must immediately report the Fault to the producer of the Standard Software and obtain its confirmation that the report is accepted as a Fault Re- port. The Supplier must at suitable intervals follow up on the fault report, re- porting back to the Customer. • The Supplier must make every effort to limit the scope of the problem, including by suggesting an appropriate work-around. • When a third party has delivered a correction of the Fault in question or ▇▇▇▇▇- ▇▇▇ other Faults or has designated a relevant work-around, the Supplier must immediately arrange for information of the Customer and installation on the Customer’s premises if this is generally included in the agreed maintenance. The limitation of the corrective action by the Supplier shall not apply to any Software specifically excepted under Appendix 3. Software from the Supplier’s affiliated companies cannot be excepted. The limitation involves no limitation of the requirements for approval of partial delivery test, acceptance test or service level test, nor of any other remedies available to the Customer. As to Open Source Software, the limitation of the Supplier’s duty to take corrective action shall not apply, unless the software in question is included as an integral part in a sub- contractor’s Standard Software.

Liability for Subcontractors. ‌ The Supplier accepts liability for subcontractors’ products and services under the Contract as if they were the Supplier’s own products and services. In case of any Fault in third-party products which the Supplier ought not to have recog- nised recognised or foreseen at the time of the Contract, and which is in the nature of a Fault in the Software in relation to the subcontractor’s specifications (program error), and not a Fault in relation to the requirements for the Delivery in the Contract (system error), the follow- ing foll owing limitations apply to the Supplier’s duty to take corrective action: • The Supplier must immediately report the Fault to the producer of the Standard Software and obtain its confirmation that the report is accepted as a Fault Re- portReport. The Supplier must at suitable intervals follow up on the fault report, re- porting reporting back to the Customer. • The Supplier must make every effort to limit the scope of the problem, including by suggesting an appropriate work-around. • When a third party has delivered a correction of the Fault in question or ▇▇▇▇▇- ▇▇▇ possibly other Faults or has designated a relevant work-around, the Supplier must immediately imme- diately arrange for information of the Customer and installation on the Customer’s premises if this is generally included in the agreed maintenance. The limitation of the corrective action by the Supplier shall not apply to any Software specifically excepted under Appendix 3. Software from the Supplier’s affiliated companies cannot be excepted. The limitation involves no limitation of the t he requirements for approval of partial delivery test, acceptance test or service level test, nor of any other remedies available to the Customer. As to Open Source Software, the limitation of the Supplier’s duty to take corrective action shall not apply, unless the software in question is included as an integral part in a sub- contractorsubcon- tractor’s Standard Software.