Common use of Material Defects Clause in Contracts

Material Defects. 19.1 The parties agree that software generally cannot be created without errors; this also applies to the software covered by these terms and conditions. 19.2 Material defect claims related to the software become time-barred within 12 months of the transfer of risk in accordance with Clause 17. The aforementioned provisions shall not apply in cases of a liability for damage from injury to life, body or health as well as in cases of a liability for damage arising from an intentional or grossly negligent breach of duty. 19.3 Software is considered to have a material defect only if you can prove that there are reproducible deviations from the specification in the datasheet or the operating instructions. A material defect does not exist if it does not appear in the version of the software last transferred to you at the time of the receipt and its use is deemed reasonable for the buyer. 19.4 Material defect claims do not exist − for damage arising as a result of incorrect or negligent use of the software; − for damage arising from special external factors that are not preconditions in accordance with the contract; − for modifications made by you or third parties and the consequences; − for software expanded by you or a third party beyond an interface envisaged by us for this purpose; − in a situation where the software is not compatible with the data processing environment used by you. 19.5 The claim for supplementary performance is fulfilled as follows in the case of software: We provide you with a new edition (Update) or a new version (Upgrade) of the software, provided we have such or it can be procured by us at a reasonable cost.

Material Defects. 19.1 The parties agree that software generally cannot be created without errors; this also applies to the software covered by these terms and conditions. 19.2 Material defect claims related to the software become time-barred within 12 months of the transfer of risk in accordance with Clause 17risk. The aforementioned provisions shall not apply in cases where §365 of the Taiwan Civil Code prescribes longer limitation periods and in cases of a liability for damage from injury to life, body or health as well as in cases of a liability for damage arising from an intentional or grossly negligent breach of duty. 19.3 Software is considered to have a material defect only if you can prove that there are reproducible deviations from the specification in the datasheet or the operating instructions. A material defect does not exist if it does not appear in the version of the software last transferred to you at the time of the receipt and its use is deemed reasonable for the buyer. 19.4 Material defect claims do not exist − for damage arising as a result of incorrect or negligent use of the software; software − for damage arising from special external factors that are not preconditions in accordance with the contract; contract − for modifications made by you or third parties and the consequences; consequences − for software expanded by you or a third party beyond an interface envisaged by us for this purpose; purpose − in a situation where the software is not compatible with the data processing environment used by you. 19.5 The claim for supplementary performance is fulfilled as follows in the case of software: We provide you with a new edition (Update) or a new version (Upgrade) of the software, provided we have such or it can be procured by us at a reasonable cost.

Material Defects. 19.1 The parties agree that software generally cannot be created without errors; this also applies to the software covered by these terms and conditions. 19.2 Material defect claims related to the software become time-barred within 12 months of the transfer of risk in accordance with Clause 17risk. The aforementioned provisions shall not apply in cases where the Art. 188 of PRC Civil Code prescribes longer limitation periods and in cases of a liability for damage from injury to life, body or health as well as in cases of a liability for damage arising from an intentional or grossly negligent breach of duty. 19.3 Software is considered to have a material defect only if you can prove that there are reproducible deviations from the specification in the datasheet or the operating instructions. A material defect does not exist if it does not appear in the version of the software last transferred to you at the time of the receipt and its use is deemed reasonable for the buyer. 19.4 Material defect claims do not exist − for damage arising as a result of incorrect or negligent use of the software; software − for damage arising from special external factors that are not preconditions in accordance with the contract; contract − for modifications made by you Buyer or third parties and the consequences; consequences − for software expanded by you ▇▇▇▇▇ or a third party beyond an interface envisaged by us Seller for this purpose; purpose − in a situation where the software is not compatible with the data processing environment used by youBuyer. 19.5 The claim for supplementary performance is fulfilled as follows in the case of software: We provide you with a new edition (Update) or a new version (Upgrade) of the software, provided we have such or it can be procured by us at a reasonable cost.

Material Defects. 19.1 The parties agree that software generally cannot be created without errors; this also applies to the software covered by these terms Terms and conditionsConditions. 19.2 Material defect claims related to the software become time-barred within 12 6 months of the transfer of risk risk; provided, however, that such material defect claims may not be raised unless the software in question has been inspected and the discovery of a material defect related thereto has been notified in accordance with Clause 17Article 69 (1) of the Commercial Code of Korea. The aforementioned provisions shall not apply in cases of a liability for damage from injury to life, body or health as well as in cases of a liability for damage arising from an intentional or grossly negligent breach of duty. 19.3 Software is considered to have a material defect only if you can prove that there are reproducible deviations from the specification in the datasheet or the operating instructions. A material defect does not exist if it does not appear in the version of the software last transferred to you at the time of the receipt and its use is deemed reasonable for the buyer. 19.4 Material defect claims do not exist exist: − for damage arising as a result of incorrect or negligent use of the software; software − for damage arising from special external factors that are not preconditions in accordance with the contract; − for damage caused by modifications made by you or third parties and the consequences; − for damage caused by software expanded by you or a third party beyond an interface envisaged by us for this purpose; or − in a situation where the software is not compatible with the data processing environment used by you. 19.5 The claim for supplementary performance is may be fulfilled as follows in the case of software: We provide by providing you with a new edition (Update) or a new version (Upgrade) of the software, provided that we have such or it can be procured by us at a reasonable cost.