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Article 10: Warranty and other claims
10.1. Unless otherwise agreed upon in writing, the Seller shall be responsible for the proper performance of the agreed service for a period of six months, assuming normal use, after delivery or completion of the work, as further specified in the following paragraph of this Article.
10.2. If the parties have agreed on different warranty terms, the provisions of this Article shall apply in full, unless they are in conflict with these different warranty terms.
10.3. In case the goods are made especially for the Buyer, the Seller reserves the right to make higher or lower number of deliveries.
10.4. If the agreed work has not been performed properly, the Seller will decide within a reasonable period of time whether they will (i) still perform the work properly, or (ii) deliver a replacement product, or (iii) be able to remove the defects in a way that ensures that the work complies with the agreement, or (iv) terminate the agreement, or (v) reduce the amount of remuneration due from the Buyer for the execution of the order by a proportional part.
10.5. If the Seller decides to carry out the work in the right way, they shall determine the manner and date of completion. Regardless of the circumstances, the Buyer shall provide the Seller with such possibility. If the Seller decides to carry out the work in the right way, they shall determine the manner and date of completion. If the agreed work included (in whole or in part) the processing of materials supplied by the Buyer, the Buyer shall supply new materials at their own expense and risk.
10.6. Parts or materials repaired or replaced by the Seller shall be sent to them by the Buyer.
10.7. The Buyer shall cover:
a. any transport or shipping costs;
b. disassembly and assembly costs;
c. travel and stay expenses and other travel-related costs.
10.8. The Seller shall only be obliged to fulfill their warranty obligations if the Buyer fulfills all of their obligations.
10.9. The warranty shall not cover defects which result from:
– normal wear;
– incorrect or improper use;
– failure to carry out maintenance or improperly performed maintenance;
– installation, assembly, modification or repair by the Buyer or third parties;
– defects in the goods or the inappropriate nature of the goods provided by the Buyer or recommended by the Buyer;
– defects or unsuitable materials or aids used by the Buyer.
10.10. No warranty shall be provided in relation to:
– the delivered goods which are not brand new at the time of delivery;
– inspection and repair of the Buyer’s goods;
– parts for which a factory warranty has been granted.
10.11. The provisions of paragraph 4 – 10 (inclusive) of this Article shall apply accordingly to any claim made by the Buyer for breach of contract, non-performance, non-conformity with the agreement or any other claim.