Common use of Quality and Warranty Clause in Contracts

Quality and Warranty. 12.1 Seller shall remedy defects if the warranty claim is valid and within the warranty period. It is at Seller’s discretion whether Seller remedies the defect by repair or replacement. Seller shall only bear costs necessary to remedy the defect. The Products claimed to be defective shall be returned to Seller for examination in their original or equivalent packaging with transportation charges prepaid for the account of the Buyer. 12.2 Seller shall be entitled to refuse to remedy defects in accordance with Seller’s statutory rights. Seller is entitled to refuse to remedy defects if Buyer has not complied with Seller’s request to return the Products claimed to be defective. 12.3 Buyer shall be entitled to rescind the Contract or reduce the contract price in accordance with Buyer’s statutory rights, however, Buyer shall not be entitled to rescind this Contract or to reduce the contract price, unless Buyer has previously given Seller twice a reasonable period to remedy the defect which Seller has failed to observe. In the event of rescission, Buyer shall be liable for any intentional or negligent actions that cause destruction or loss of the Products as well as for failure to derive benefits from the Products. In case of rescission of the Contract by the Buyer, Seller’s sole liability is to refund the payment of Seller after deduction of reasonable use fees that the Seller shall pay for using the Product. 12.4 Any rights of Buyer to receive damages or compensation shall be governed by the provisions in Section 13 (Limited Liability) of these Terms and Conditions. 12.5 Specifications of Seller’s Products, especially pictures, drawings, data about weight, measure and capacity contained in offers and brochures are to be considered as average data. Such specifications and data shall in no way constitute a quality warranty but merely a description or labeling of the Products. 12.6 Unless limits for variations have expressly been agreed in the order confirmation, such variation shall be admissible that are customary within the trade. 12.7 Seller shall not assume any liability for defects in the Products supplied if they are caused by normal wear and tear. Buyer shall have no rights against Seller in respect of defects in Products sold as lower-class or used Products. Buyer shall have no rights in respect of defective Products that have been tampered with or altered without Seller’s consent, unless Buyer proves that the defect in question was not caused by such tampering or alteration of the Products. 12.8 Any warranty shall be void if operating or maintenance instructions are not observed, if changes are made to deliveries or services, if parts are replaced or materials used that are not in accordance with Seller’s original product specifications, unless Buyer proves that the defect in question resulted from another cause. Seller’s warranties will not apply to any Products with respect to which there has been (i) improper installation or testing by Buyer, (ii) failure to provide a suitable operating or storage environment, (iii) use of the Products for purposes other than that for which it was designed, (iv) failure to monitor or operate the Products in accordance with applicable Seller specifications and good industry practice, (v) unauthorized attachment or dismantling or alteration of the Products, (vi) abnormal mechanical, physical or electrical stress, (vii) modifications or repairs done by any party other than Seller (unless authorized by Seller), (viii) mishandling during shipment of the Products; or (ix)any other abuse, misuse, neglect or accident by Buyer. 12.9 Buyer shall be obliged to notify defects to Seller in writing or via fax immediately and make reasonable efforts to reduce the loss or avoid the increase of the loss. 12.10 The warranty period shall be 12 months counting from the date on which the Service Report or Acceptance Certificate has been signed by the representative of Seller as well as the representative of the Buyer or the end user of the Product. If the report is not signed within 3 months after delivery date and it is due to reason other than the Seller, then the warranty period shall begin from the delivery date. The warranty period of repaired or replaced Products shall be the remnant of the original warranty period or 90 days from the date of the shipment of the repaired or replaced Products, whichever ends later. 12.11 The warranty period and the other terms and conditions of warranty for non-Zeiss products shall be subject to the standard of the manufacturer of such products. 12.12 SELLER IS EXEMPTED FROM ITS OBLIGATIONS UNDER SECTION 12 AND OTHER DUTIES IN RELATION TO WARRANTY OF QUALITY FOR NON-ZEISS PRODUCTS, CONSUMABLES, PREVENTIVE MAINTENANCE PARTS AND SOFTWARE CONTAINED IN THE PRODUCTS AND OTHER PARTS OF THE PRODUCTS AS OTHERWISE STIPULATED AND AGREED BY BOTH PARTIES. THE WARRRANTY OBLIGATIONS STATED IN SECTION 12 ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Quality and Warranty. 12.1 6.1 The Goods supplied to the Purchaser shall fully comply with the Purchase Order and the specifications agreed therein. 6.2 The Seller shall remedy defects if comply with food industry standards, with safety regulations and quality assurance systems as required and approved by the warranty claim is valid and within the warranty period. It is at Seller’s discretion whether Seller remedies the defect by repair or replacement. Seller shall only bear costs necessary to remedy the defectPurchaser. The Products claimed Seller warrants the full traceability of the Goods, components or parts thereof and shall provide any information reasonably required in relation to the traceability of the Goods, components or parts to the Purchaser upon request. 6.3 The Seller further warrants and represents that: (a) the Goods shall be free from any defects in design, materials and/or workmanship; (b) the Goods are of satisfactory quality and fit for the purpose for which they are required; and (c) any services shall be provided with the exercise of professional care and skill. 6.4 If any Goods are found by the Purchaser to be defective shall be returned to Seller for examination in their original or equivalent packaging with transportation charges prepaid for the account of the Buyer. 12.2 Seller shall be entitled to refuse to remedy defects in accordance with Seller’s statutory rights. Seller is entitled to refuse to remedy defects if Buyer has not complied with Seller’s request to return the Products claimed to be defective. 12.3 Buyer shall be entitled to rescind the Contract or reduce the contract price in accordance with Buyer’s statutory rights, however, Buyer shall not be entitled to rescind this Contract or to reduce the contract price, unless Buyer has previously given Seller twice a reasonable period to remedy the defect which Seller has failed to observe. In the event of rescission, Buyer shall be liable for any intentional or negligent actions that cause destruction or loss of the Products as well as for failure to derive benefits from the Products. In case of rescission of the Contract by the Buyer, Seller’s sole liability is to refund the payment of Seller after deduction of reasonable use fees that the Seller shall pay for using the Product. 12.4 Any rights of Buyer to receive damages or compensation shall be governed by the provisions in Section 13 (Limited Liability) of these Terms and Conditions. 12.5 Specifications of Seller’s Products, especially pictures, drawings, data about weight, measure and capacity contained in offers and brochures are to be considered as average data. Such specifications and data shall in no way constitute a quality warranty but merely a description or labeling of the Products. 12.6 Unless limits for variations have expressly been agreed in the order confirmation, such variation shall be admissible that are customary within the trade. 12.7 Seller shall not assume any liability for defects in the Products supplied if they are caused by normal wear and tear. Buyer shall have no rights against Seller in respect longer of defects in Products sold as lower-class or used Products. Buyer shall have no rights in respect of defective Products that have been tampered with or altered without Seller’s consent, unless Buyer proves that the defect in question was not caused by such tampering or alteration of the Products. 12.8 Any warranty shall be void if operating or maintenance instructions are not observed, if changes are made to deliveries or services, if parts are replaced or materials used that are not in accordance with Seller’s original product specifications, unless Buyer proves that the defect in question resulted from another cause. Seller’s warranties will not apply to any Products with respect to which there has been (i) improper installation or testing by Buyer, (ii) failure to provide a suitable operating or storage environment, (iii) use of the Products for purposes other than that for which it was designed, (iv) failure to monitor or operate the Products in accordance with applicable Seller specifications and good industry practice, (v) unauthorized attachment or dismantling or alteration of the Products, (vi) abnormal mechanical, physical or electrical stress, (vii) modifications or repairs done by any party other than Seller (unless authorized by Seller), (viii) mishandling during shipment of the Products; or (ix)any other abuse, misuse, neglect or accident by Buyer. 12.9 Buyer shall be obliged to notify defects to Seller in writing or via fax immediately and make reasonable efforts to reduce the loss or avoid the increase of the loss. 12.10 The warranty period shall be 12 24 months counting from the date on which the Service Report or Acceptance Certificate has been signed Goods are first used by the representative of Seller as well as the representative of the Buyer Purchaser or the end user of the Product. If the report is not signed within 3 30 months after delivery date and it is due to reason other than the Seller, then the warranty period shall begin from the delivery date. The warranty period of repaired or replaced Products shall be the remnant of the original warranty period or 90 days from the date of the shipment delivery, the Seller shall, at the sole option of the repaired Purchaser, promptly and at its expense, either remedy any defective Goods or replaced Productssupply replacement Goods, whichever ends later. 12.11 The warranty period and carry out any other necessary work to ensure that the other terms of the Contract are fulfilled. Replacement Goods and conditions of warranty for non-Zeiss products replacement parts supplied as well as services rendered by the Seller shall also be subject to the standard warranties set out herein, provided that the Seller shall not be responsible for normal wear and tear of such parts. 6.5 The above warranties are not affected by inspection, delivery, acceptance, use of the manufacturer of such productsGoods or payment. The Seller agrees that the Purchaser may pass to its non-retail customers and/or users all warranties relating to the Goods. 12.12 SELLER IS EXEMPTED FROM ITS OBLIGATIONS UNDER SECTION 12 AND OTHER DUTIES IN RELATION TO WARRANTY OF QUALITY FOR NON-ZEISS PRODUCTS6.6 Should the Seller fail to repair the defect or replace the Goods in accordance with article 6.4 the Purchaser may, CONSUMABLESat its discretion: (a) rescind the Contract; (b) reject the Goods (in whole or in part) and return them to the Seller at the Seller’s risk and cost for a full refund of the purchase price and any related costs; or (c) refuse any further deliveries of the Goods; or (d) carry out any work necessary to render the Goods compliant, PREVENTIVE MAINTENANCE PARTS AND SOFTWARE CONTAINED IN THE PRODUCTS AND OTHER PARTS OF THE PRODUCTS AS OTHERWISE STIPULATED AND AGREED BY BOTH PARTIES. THE WARRRANTY OBLIGATIONS STATED IN SECTION 12 ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEat the Seller’s expense; and (e) to claim such damages caused by the Seller’s breach or breaches of the Contract.

Quality and Warranty. 12.1 6.1 The Goods supplied to the Purchaser shall comply fully with the Purchase Order and the specifications agreed therein. 6.2 The Seller shall remedy comply with food industry standards, safety regulations and quality assurance systems as required and approved by the Purchaser. The Seller warrants the traceability of the Goods, components or parts thereof. 6.3 The Seller further warrants and represents that: (a) the Goods shall be free from any defects if in design, materials and/or workmanship; (b) the warranty claim is valid Goods are of satisfactory quality and within fit for the warranty period. It is at Seller’s discretion whether Seller remedies purpose for which they are required; and (c) the defect by repair or replacement. Seller shall only bear costs necessary to remedy exercise professional care and skill in the defect. The Products claimed provision of any goods or services. 6.4 If any Goods are found by the Purchaser to be defective shall be returned to Seller for examination in their original 24 months from start-up or equivalent packaging with transportation charges prepaid for the account of the Buyer. 12.2 Seller shall be entitled to refuse to remedy defects in accordance with Seller’s statutory rights. Seller is entitled to refuse to remedy defects if Buyer has not complied with Seller’s request to return the Products claimed to be defective. 12.3 Buyer shall be entitled to rescind the Contract or reduce the contract price in accordance with Buyer’s statutory rights, however, Buyer shall not be entitled to rescind this Contract or to reduce the contract price, unless Buyer has previously given Seller twice a reasonable period to remedy the defect which Seller has failed to observe. In the event of rescission, Buyer shall be liable for any intentional or negligent actions that cause destruction or loss of the Products as well as for failure to derive benefits from the Products. In case of rescission of the Contract by the Buyer, Seller’s sole liability is to refund the payment of Seller after deduction of reasonable use fees that the Seller shall pay for using the Product. 12.4 Any rights of Buyer to receive damages or compensation shall be governed by the provisions in Section 13 (Limited Liability) of these Terms and Conditions. 12.5 Specifications of Seller’s Products, especially pictures, drawings, data about weight, measure and capacity contained in offers and brochures are to be considered as average data. Such specifications and data shall in no way constitute a quality warranty but merely a description or labeling of the Products. 12.6 Unless limits for variations have expressly been agreed in the order confirmation, such variation shall be admissible that are customary within the trade. 12.7 Seller shall not assume any liability for defects in the Products supplied if they are caused by normal wear and tear. Buyer shall have no rights against Seller in respect of defects in Products sold as lower-class or used Products. Buyer shall have no rights in respect of defective Products that have been tampered with or altered without Seller’s consent, unless Buyer proves that the defect in question was not caused by such tampering or alteration of the Products. 12.8 Any warranty shall be void if operating or maintenance instructions are not observed, if changes are made to deliveries or services, if parts are replaced or materials used that are not in accordance with Seller’s original product specifications, unless Buyer proves that the defect in question resulted from another cause. Seller’s warranties will not apply to any Products with respect to which there has been (i) improper installation or testing by Buyer, (ii) failure to provide a suitable operating or storage environment, (iii) use of the Products for purposes other than that for which it was designed, (iv) failure to monitor or operate the Products in accordance with applicable Seller specifications and good industry practice, (v) unauthorized attachment or dismantling or alteration of the Products, (vi) abnormal mechanical, physical or electrical stress, (vii) modifications or repairs done by any party other than Seller (unless authorized by Seller), (viii) mishandling during shipment of the Products; or (ix)any other abuse, misuse, neglect or accident by Buyer. 12.9 Buyer shall be obliged to notify defects to Seller in writing or via fax immediately and make reasonable efforts to reduce the loss or avoid the increase of the loss. 12.10 The warranty period shall be 12 30 months counting from the date on which the Service Report or Acceptance Certificate has been signed by the representative of Seller as well as the representative of the Buyer or the end user of the Product. If the report is not signed within 3 months after delivery date and it is due to reason other than the Seller, then the warranty period shall begin from the delivery date. The warranty period of repaired or replaced Products shall be the remnant of the original warranty period or 90 days from the date of the shipment delivery, whichever is longer, the Seller shall, at the sole option of the repaired Purchaser, promptly and at its expense, either remedy any defective Goods or replaced Productssupply replacement Goods, whichever ends later. 12.11 The warranty period and carry out any other necessary work to ensure that the other terms of the Contract are fulfilled. Replacement Goods and conditions of warranty for non-Zeiss products replacement parts supplied as well as services rendered by the Seller shall also be subject to the standard warranties set out herein, provided that the Seller shall not be responsible for normal wear and tear of such parts. 6.5 The above warranties and representations made by the Seller are not affected by, and the Purchaser shall be entitled to make a claim in respect of any breach thereof notwithstanding, inspection, delivery, acceptance, use of the manufacturer of such productsGoods or payment. The Seller agrees that the Purchaser may pass to its non-retail customers and/or users all representations and warranties relating to the Goods. 12.12 SELLER IS EXEMPTED FROM ITS OBLIGATIONS UNDER SECTION 12 AND OTHER DUTIES IN RELATION TO WARRANTY OF QUALITY FOR NON-ZEISS PRODUCTS6.6 Should the Seller fail to repair the defect or replace the Goods to the satisfaction of the Purchaser/in accordance with the terms set out herein the Purchaser may, CONSUMABLESat its discretion: (a) rescind the Contract; (b) reject the Goods (in whole or in part) and return them to the Seller at the Seller’s risk and cost for a full refund of the purchase price and any related costs; (c) refuse any further deliveries of the Goods; (d) carry out any work necessary to render the Goods compliant, PREVENTIVE MAINTENANCE PARTS AND SOFTWARE CONTAINED IN THE PRODUCTS AND OTHER PARTS OF THE PRODUCTS AS OTHERWISE STIPULATED AND AGREED BY BOTH PARTIES. THE WARRRANTY OBLIGATIONS STATED IN SECTION 12 ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEat the Seller’s expense; and/ or (e) claim such damages caused by the Seller’s breach or breaches of the Contract.

Quality and Warranty. 12.1 10.1. Seller warrants that all Antibodies manufactured and supplied under this Agreement shall remedy defects be in material conformity with the Specifications. 10.2. Each party warrants further that it has all the necessary rights and powers to grant the rights to the other party as provided in this Agreement, and that the execution, delivery and performance of this Agreement do not result in a violation or conflict with any agreements with third parties. 10.3. Promptly upon receipt of each shipment of Antibodies Buyer will perform thorough incoming inspection. In addition to incoming inspection, and before any use of the Antibodies, Buyer shall thoroughly and with reasonable care inspect the Antibodies for conformity to Specifications. If at any time Buyer finds that the Antibodies do not conform to the Specifications, Buyer shall within fifteen (15) days after the discovery of the non-conforming Antibodies, give Seller written notice of any claim setting forth the details of such non-conformity, or otherwise Buyer shall be deemed to have accepted the Antibodies. Seller shall, if it accepts the warranty notice of claim is valid and within the warranty period. It is as Buyer’s sole remedy, replace any non-conforming Antibodies as soon as practicable and at Seller’s discretion whether expense, provided that the warranty has not expired at the time that Seller remedies was notified of the defect by repair or replacementnon-conformity of the Antibodies. Seller In accordance with Seller’s request, any Antibodies which do not conform to the Specifications shall only bear costs necessary to remedy the defect. The Products claimed to be defective shall either be returned to Seller or destroyed at Seller’s expense. Payment for examination in their original or equivalent packaging with transportation charges prepaid for the account of the BuyerAntibodies prior to acceptance shall not constitute acceptance. 12.2 10.4. If Seller shall be entitled to refuse to remedy defects does not accept a claim it will promptly inform Buyer in accordance with Seller’s statutory rights. Seller is entitled to refuse to remedy defects if Buyer has not complied with Seller’s request to return the Products claimed to be defective. 12.3 Buyer shall be entitled to rescind the Contract or reduce the contract price in accordance with Buyer’s statutory rights, however, Buyer shall not be entitled to rescind this Contract or to reduce the contract price, unless Buyer has previously given Seller twice a reasonable period to remedy the defect which Seller has failed to observewriting of its reasons. In the event of rescissionthe parties disagree as to whether the Antibodies conform to the Specifications, Buyer the rejected Antibodies shall be liable for any intentional or negligent actions submitted to a mutually acceptable third party testing laboratory, which will determine whether such Antibodies meet the Specifications. The parties agree that cause destruction or loss such testing laboratory’s determination shall be final and binding. The party against whom the testing laboratory rules will bear the reasonable costs of the Products as well as for failure to derive benefits from the Products. In case of rescission of the Contract by the Buyer, Seller’s sole liability is to refund the payment of Seller after deduction of reasonable use fees that the Seller shall pay for using the Product. 12.4 Any rights of Buyer to receive damages or compensation shall be governed by the provisions in Section 13 (Limited Liability) of these Terms and Conditions. 12.5 Specifications of Seller’s Products, especially pictures, drawings, data about weight, measure and capacity contained in offers and brochures are to be considered as average data. Such specifications and data shall in no way constitute a quality warranty but merely a description or labeling of the Products. 12.6 Unless limits for variations have expressly been agreed in the order confirmation, such variation shall be admissible that are customary within the trade. 12.7 Seller shall not assume any liability for defects in the Products supplied if they are caused by normal wear and tear. Buyer shall have no rights against Seller in respect of defects in Products sold as lower-class or used Products. Buyer shall have no rights in respect of defective Products that have been tampered with or altered without Seller’s consent, unless Buyer proves that the defect in question was not caused by such tampering or alteration of the Products. 12.8 Any warranty shall be void if operating or maintenance instructions are not observed, if changes are made to deliveries or services, if parts are replaced or materials used that are not in accordance with Seller’s original product specifications, unless Buyer proves that the defect in question resulted from another cause. Seller’s warranties will not apply to any Products with respect to which there has been (i) improper installation or testing by Buyer, (ii) failure to provide a suitable operating or storage environment, (iii) use of the Products for purposes other than that for which it was designed, (iv) failure to monitor or operate the Products in accordance with applicable Seller specifications and good industry practice, (v) unauthorized attachment or dismantling or alteration of the Products, (vi) abnormal mechanical, physical or electrical stress, (vii) modifications or repairs done by any party other than Seller (unless authorized by Seller), (viii) mishandling during shipment of the Products; or (ix)any other abuse, misuse, neglect or accident by Buyer. 12.9 Buyer shall be obliged to notify defects to Seller in writing or via fax immediately and make reasonable efforts to reduce the loss or avoid the increase of the loss. 12.10 The warranty period shall be 12 months counting from the date on which the Service Report or Acceptance Certificate has been signed by the representative of Seller as well as the representative of the Buyer or the end user of the Productlaboratory. If the report is testing laboratory rules that the Antibodies meet the Specifications, Buyer will purchase the Antibodies at the agreed-upon price, irrespective of whether Seller has already replaced same. If the testing laboratory rules that the Antibodies do not signed within 3 months after delivery date meet the Specifications and it is due the Antibodies were not replaced, Seller would credit Buyer’s account in an amount equal to reason other than the Sellerpurchase price of the rejected Antibodies, then the warranty period shall begin from the delivery dateor refund that sum to Buyer as appropriate. 10.5. The warranty period warranties expressly set forth in this Agreement are in lieu of repaired all other warranties, and Seller disclaims all other warranties, express or replaced Products shall be implied, including warranties of merchantability or fitness for a particular purpose. Seller expressly disclaims any representations and warranties regarding the remnant performance, safety and efficacy of the original warranty period Antibodies in combination with the Product or 90 days from the date of the shipment of the repaired or replaced Products, whichever ends laterDiagnostic Kit. 12.11 The warranty period and the other terms and conditions of warranty for non-Zeiss products shall be subject to the standard of the manufacturer of such products. 12.12 SELLER IS EXEMPTED FROM ITS OBLIGATIONS UNDER SECTION 12 AND OTHER DUTIES IN RELATION TO WARRANTY OF QUALITY FOR NON-ZEISS PRODUCTS, CONSUMABLES, PREVENTIVE MAINTENANCE PARTS AND SOFTWARE CONTAINED IN THE PRODUCTS AND OTHER PARTS OF THE PRODUCTS AS OTHERWISE STIPULATED AND AGREED BY BOTH PARTIES. THE WARRRANTY OBLIGATIONS STATED IN SECTION 12 ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Quality and Warranty. 12.1 6.1 The Goods supplied to the Purchaser shall fully comply with the Purchase Order and the specifications agreed therein. 6.2 The Seller shall remedy defects if comply with food industry standards, with safety regulations and quality assurance systems as required and approved by the warranty claim is valid and within the warranty period. It is at Seller’s discretion whether Seller remedies the defect by repair or replacement. Seller shall only bear costs necessary to remedy the defectPurchaser. The Products claimed Seller warrants the full traceability of the Goods, components or parts thereof. 6.3 The Seller further warrants and represents that: (a) the Goods shall be free from any defects in design, materials and/or workmanship; (b) the Goods are of satisfactory quality and fit for the purpose for which they are required; and (c) any services shall be provided with the exercise of professional care and skill. 6.4 If any Goods are found by the Purchaser to be defective shall be returned to Seller for examination in their original or equivalent packaging with transportation charges prepaid for the account of the Buyer. 12.2 Seller shall be entitled to refuse to remedy defects in accordance with Seller’s statutory rights. Seller is entitled to refuse to remedy defects if Buyer has not complied with Seller’s request to return the Products claimed to be defective. 12.3 Buyer shall be entitled to rescind the Contract or reduce the contract price in accordance with Buyer’s statutory rights, however, Buyer shall not be entitled to rescind this Contract or to reduce the contract price, unless Buyer has previously given Seller twice a reasonable period to remedy the defect which Seller has failed to observe. In the event of rescission, Buyer shall be liable for any intentional or negligent actions that cause destruction or loss of the Products as well as for failure to derive benefits from the Products. In case of rescission of the Contract by the Buyer, Seller’s sole liability is to refund the payment of Seller after deduction of reasonable use fees that the Seller shall pay for using the Product. 12.4 Any rights of Buyer to receive damages or compensation shall be governed by the provisions in Section 13 (Limited Liability) of these Terms and Conditions. 12.5 Specifications of Seller’s Products, especially pictures, drawings, data about weight, measure and capacity contained in offers and brochures are to be considered as average data. Such specifications and data shall in no way constitute a quality warranty but merely a description or labeling of the Products. 12.6 Unless limits for variations have expressly been agreed in the order confirmation, such variation shall be admissible that are customary within the trade. 12.7 Seller shall not assume any liability for defects in the Products supplied if they are caused by normal wear and tear. Buyer shall have no rights against Seller in respect longer of defects in Products sold as lower24 months from start-class up or used Products. Buyer shall have no rights in respect of defective Products that have been tampered with or altered without Seller’s consent, unless Buyer proves that the defect in question was not caused by such tampering or alteration of the Products. 12.8 Any warranty shall be void if operating or maintenance instructions are not observed, if changes are made to deliveries or services, if parts are replaced or materials used that are not in accordance with Seller’s original product specifications, unless Buyer proves that the defect in question resulted from another cause. Seller’s warranties will not apply to any Products with respect to which there has been (i) improper installation or testing by Buyer, (ii) failure to provide a suitable operating or storage environment, (iii) use of the Products for purposes other than that for which it was designed, (iv) failure to monitor or operate the Products in accordance with applicable Seller specifications and good industry practice, (v) unauthorized attachment or dismantling or alteration of the Products, (vi) abnormal mechanical, physical or electrical stress, (vii) modifications or repairs done by any party other than Seller (unless authorized by Seller), (viii) mishandling during shipment of the Products; or (ix)any other abuse, misuse, neglect or accident by Buyer. 12.9 Buyer shall be obliged to notify defects to Seller in writing or via fax immediately and make reasonable efforts to reduce the loss or avoid the increase of the loss. 12.10 The warranty period shall be 12 30 months counting from the date on which the Service Report or Acceptance Certificate has been signed by the representative of Seller as well as the representative of the Buyer or the end user of the Product. If the report is not signed within 3 months after delivery date and it is due to reason other than the Seller, then the warranty period shall begin from the delivery date. The warranty period of repaired or replaced Products shall be the remnant of the original warranty period or 90 days from the date of the shipment delivery, the Seller shall, at the sole option of the repaired Purchaser, promptly and at its expense, either remedy any defective Goods or replaced Productssupply replacement Goods, whichever ends later. 12.11 The warranty period and carry out any other necessary work to ensure that the other terms of the Contract are fulfilled. Replacement Goods and conditions of warranty for non-Zeiss products replacement parts supplied as well as services rendered by the Seller shall also be subject to the standard warranties set out herein, provided that the Seller shall not be responsible for normal wear and tear of such parts. 6.5 The above warranties are not affected by inspection, delivery, acceptance, use of the manufacturer of such productsGoods or payment. The Seller agrees that the Purchaser may pass to its non-retail customers and/or users all warranties relating to the Goods. 12.12 SELLER IS EXEMPTED FROM ITS OBLIGATIONS UNDER SECTION 12 AND OTHER DUTIES IN RELATION TO WARRANTY OF QUALITY FOR NON-ZEISS PRODUCTS6.6 Should the Seller fail to repair the defect or replace the Goods in accordance with article 6.4 the Purchaser may, CONSUMABLESat its discretion: (a) rescind the Contract; (b) reject the Goods (in whole or in part) and return them to the Seller at the Seller’s risk and cost for a full refund of the purchase price and any related costs; or (c) refuse any further deliveries of the Goods; or (d) carry out any work necessary to render the Goods compliant, PREVENTIVE MAINTENANCE PARTS AND SOFTWARE CONTAINED IN THE PRODUCTS AND OTHER PARTS OF THE PRODUCTS AS OTHERWISE STIPULATED AND AGREED BY BOTH PARTIES. THE WARRRANTY OBLIGATIONS STATED IN SECTION 12 ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEat the Seller’s expense; and (e) to claim such damages caused by the Seller’s breach or breaches of the Contract.