stipulated in Clauses 23-39. The time for remedial work shall be
chosen in order not to interfere unnecessarily with the Purchaser’s
activities.
Repair shall be carried out at the place where the Product
is located unless the Supplier deems it more appropriate that the
Product is sent to him or a destination specified by him.
If the defect can be remedied by replacement or repair of
a defective part and if dismantling and re-installation of the part
do not require special knowledge, the Supplier may demand that
the defective part is sent to him or a destination specified by him.
In such case the Supplier shall have fulfilled his obligations in
respect of the defect when he delivers a duly repaired part or a
part in replacement to the Purchaser.
31. The Purchaser shall at his own expense provide access to
the Product and arrange for any intervention in equipment other
than the Product, to the extent that this is necessary to remedy
the defect.
32. Unless otherwise agreed, necessary transport of the
Product or parts thereof to and from the Supplier in connection
with the remedying of defects for which the Supplier is liable shall
be at the risk and expense of the Supplier. The Purchaser shall
follow the Supplier’s instructions regarding such transport.
33. Unless otherwise agreed, the Purchaser shall bear any
additional costs which the Supplier incurs for remedying the
defect caused by the Product being located in a place other than
the destination stated at the formation of the Contract for the
Supplier’s delivery to the Purchaser or – if no destination has been
stated – the place of delivery.
34. Defective parts which have been replaced shall be made
available to the Supplier and shall be his property.
35. If the Purchaser has given such notice as mentioned in
Clause 29 and no defect is found for which the Supplier is liable,
the Supplier shall be entitled to compensation for the costs he
incurs as a result of the notice.
36. If the Supplier does not fulfil his obligations under Clause
30, the Purchaser may by notice In Writing fix a final reasonable
period for completion of the Supplier’s obligations, which shall not
be less than one week.
If the Supplier fails to fulfil his obligations within such final
period, the Purchaser may himself undertake or employ a third
party to undertake necessary repair work at the risk and expense
of the Supplier.
Where successful repair work has been undertaken by
the Purchaser or a third party, reimbursement by the Supplier
of reasonable costs incurred by the Purchaser shall be in full
settlement of the Supplier’s liabilities for the said defect.
37. Where the Product has not been successfully repaired, as
stipulated under Clause 36,
a) the Purchaser shall be entitled to a reduction of the
purchase price in proportion to the reduced value of the Product,
provided that under no circumstances shall such reduction
exceed 15 per cent of the purchase price, or
b) where the defect is so substantial as to significantly
deprive the Purchaser of the benefit of the Contract as regards the
Product or a substantial part of it, the Purchaser may terminate
stipulated in Clauses 23-39. The time for remedial work shall bechosen in order not to interfere unnecessarily with the Purchaser’sactivities.Repair shall be carried out at the place where the Productis located unless the Supplier deems it more appropriate that theProduct is sent to him or a destination specified by him.If the defect can be remedied by replacement or repair ofa defective part and if dismantling and re-installation of the partdo not require special knowledge, the Supplier may demand thatthe defective part is sent to him or a destination specified by him.In such case the Supplier shall have fulfilled his obligations inrespect of the defect when he delivers a duly repaired part or apart in replacement to the Purchaser.31. The Purchaser shall at his own expense provide access tothe Product and arrange for any intervention in equipment otherthan the Product, to the extent that this is necessary to remedythe defect.32. Unless otherwise agreed, necessary transport of theProduct or parts thereof to and from the Supplier in connectionwith the remedying of defects for which the Supplier is liable shallbe at the risk and expense of the Supplier. The Purchaser shallfollow the Supplier’s instructions regarding such transport.33. Unless otherwise agreed, the Purchaser shall bear anyadditional costs which the Supplier incurs for remedying thedefect caused by the Product being located in a place other thanthe destination stated at the formation of the Contract for theSupplier’s delivery to the Purchaser or – if no destination has beenstated – the place of delivery.34. Defective parts which have been replaced shall be madeavailable to the Supplier and shall be his property.35. If the Purchaser has given such notice as mentioned inClause 29 and no defect is found for which the Supplier is liable,the Supplier shall be entitled to compensation for the costs heincurs as a result of the notice.36. If the Supplier does not fulfil his obligations under Clause30, the Purchaser may by notice In Writing fix a final reasonableperiod for completion of the Supplier’s obligations, which shall notbe less than one week.If the Supplier fails to fulfil his obligations within such finalperiod, the Purchaser may himself undertake or employ a thirdparty to undertake necessary repair work at the risk and expenseof the Supplier.Where successful repair work has been undertaken bythe Purchaser or a third party, reimbursement by the Supplierof reasonable costs incurred by the Purchaser shall be in fullsettlement of the Supplier’s liabilities for the said defect.37. Where the Product has not been successfully repaired, asstipulated under Clause 36,a) the Purchaser shall be entitled to a reduction of thepurchase price in proportion to the reduced value of the Product,provided that under no circumstances shall such reductionexceed 15 per cent of the purchase price, orb) where the defect is so substantial as to significantlydeprive the Purchaser of the benefit of the Contract as regards theProduct or a substantial part of it, the Purchaser may terminate
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