Siemens Motors Standard - IE3 (1000 RPM / 6 Pole, 30 HP / 22 KW, 200L FRAME) -

Warranty Terms

11. DEFECTS LIABILITY / WARRANTY

11.1 The Supplier shall be liable to the Purchaser only for the defects in design, material and workmanship including any non-compliance with express warranties or the failure of the Supplies to meet guarantees as follows:

11.2 Upon written request of the Purchaser, the Supplier shall at his option, repair any defect or replace any Supplies which turn out to be defective within the defects liability period for any defect, which is due to circumstances that existed before the transfer of risk occurred.

11.3 The defects liability period shall be 12 months from the date of supply or 12 months from the date of assembly and installation, in the event a Supply is assembled or installed by the Supplier under the Contract, whichever is earlier.

11.4 The Purchaser shall immediately inspect the Supplies and shall immediately notify the Supplier in writing of any defects. If the Purchaser does not notify the Supplier in writing, the Supplies are deemed to have been accepted with respect to such defects.

11.5 Supplier shall be given adequate time and opportunity to remedy the defect. For this purpose, the Purchaser shall grant the Supplier working access to the non-conforming Supplies, including disassembly and reassembly, without cost to the Supplier.

11.6 The Supplier shall not be liable for defects which only insignificantly impair the use of the respective Supply, unsubstantial deviations to the specification of the Supplies, natural wear and tear or damage arising after the transfer of risk from faulty or negligent handling, excessive strain, defective installation or erection not carried out by the Supplier, inappropriate foundation or particular external influences not explicitly assumed to impact on the Supplies under the Contract. The Supplier shall not be either liable or responsible for the defects in the Supplies due to design in so far as it proves that reasonable diligence, skill and care has been taken to ensure that the design complies as required for the intended use. Further Supplier shall not be liable for remedy the defect if the Purchaser fails to prove that it complied with all the instructions or recommendations contained in the Operations and Maintenance Manual or other documentation of the original equipment manufacturer and the Supplier including but limited to the use of the Supplies, in places/areas not defined as suitable in the said manuals or documentation.

11.7 Supplier shall not be liable if Purchaser or a third party carries out modifications or repairs.

11.8 Any liability for latent defects shall be hereby expressly excluded. Supplier grants to the Purchaser a warranty for repaired or replaced parts for a maximum period of 6 months from the date of completion of such repair and/or replacement, as the case may be. However, such additional warranty period shall not under any circumstances, exceed the original warranty period as per Clause 11.3 by more than six (6) months.

11.9 As per this Clause 11 any further rights and remedies of the Purchaser, in particular any right to terminate the Contract and obtain restitution or to claim damages shall be excluded.