5. Liability for Defects
5.1. All products are warranted for quality and the agreed workmanship standard for 12 months ex. Works.
5.2. If the Product does not correspond to the information provided by the Seller or is not of the usual quality for such service and provided that the Buyer has initiated an investigation in accordance with the provision above, the Seller is obliged to redeliver or remedy the defective Product at its own discretion. The Buyer will not be entitled to demand a reduction in the purchase price or cancel the purchase. It is presupposed that the Product is stored, processed and treated as prescribed. Re-delivery will take place as quickly as possible from the currently supplying production plant.
5.3. It rests with the Buyer to examine the Product delivered immediately after delivery. The Buyer is obliged to immediately notify of defects manifested. If the examination made by the Buyer is not carried out in a thorough or proper way, the Seller will not be liable therefore.
5.4. Notification of defects must take place no later than ten (10) days after the Buyer has or ought to have manifested the defect. Notification must be done in writing with a thorough description of the defect. If such deadline is not met, the Buyer’s right to give notice of the defect will lapse.
5.5. The Seller is only liable for defects caused by gross negligence and cannot be made liable for loss of production, operating loss, loss of profit or any other indirect loss, including postage at the Buyer or any third party.
5.6. Sellers’s liability shall cover only the materials such as the Spare Part or the complete Product originally delivered and assembled by the Seller. If Spare Parts not delivered by the Seller are used in the Products, Seller’s liability for defects shall automatically expire.
5.7. When a defect in a part of the Product has been remedied, the Seller shall be liable for defects in the repaired or replaced part under the same terms and conditions as those applicable to the original Product for remaining warranty period or a period of three (3) months, whichever is longer.
5.8. Seller shall, at its option, either repair or replace the nonconforming portion of the Product or re-perform the nonconforming Services. The liability of Seller for defects as stipulated in Orgalime S 2012 (clauses 23–39) and the terms herein shall always be limited to delivering the remedied or replaced Product or part to the Purchaser at the agreed place of delivery as governed by the terms and conditions of the contract between the Buyer and Seller.
5.9. The costs and expenses related to remedying the defect or testing in other destination than the contractual place of delivery (like the final destination / site of the Product) shall be charged according to valid Wind Cluster Service and Engineering Price List. These costs include e.g. installation, commissioning and testing work, travelling, accommodation and daily allowances and time used for preparations, planning, technical support, travelling and other local or remote activities
5.10. The foregoing undertakings are exclusive and in lieu of all other warranties of quality and performance, whether written, oral or implied, and all other warranties including any implied warranties of merchantability or fitness for a particular purpose or usage of trade are hereby disclaimed. The remedies stated in Orgalime S 2012 as amended by this Appendix constitute the Buyer’s exclusive remedies and Seller’s entire liability for any defect or breach of contract.