3. DELAY AND FORCE MAJEURE
3.1 If (i) Comnatz is in delay with a commercially relevant milestone for the Services, (ii) Comnatz
is responsible for such delay, and (iii) the Customer has suffered commercial damages due to such delay,
the Customer may claim liquidated damages of the portion of the Services which cannot be commercially
and effectively used per concluded week of delay, but the total shall not exceed 10% of the contract
value. Any liability of Comnatz for liquidated damages shall be reduced according to the Customer’s
share of responsibility for such delay.
3.2 Comnatz shall not be liable for delays or defaults due to an act or omission of the Customer
or by any cause, subject to clause 6.4, beyond Comnatz reasonable control (force majeure).
4. WARRANTY
4.1 The warranty period for the supplied or installed or replaced equipment, if applicable, shall be
applied according to the product warranty period from the date of acceptance.
4.2 Comnatz warranty obligation shall not apply if a deficiency in the service has occurred for
which the Customer is responsible due to improper performance or consequences arising from
alterations, repairs, or any other maintenance work carried out by the Customer or the third parties
without the prior consent or supervision of Comnatz.
4.3 Comnatz shall under no circumstance be liable for affecting any maintenance, repair, or
replacement work to the warranty equipment or any warranty part thereof if the damage to the equipment
shall have arisen from any misuse, negligence, willful damage, any change of the environment on which
the equipment is situated, or any accidents beyond the reasonable control, subject to clause 6.4, of
Comnatz or the Customer.
5. TERMINATION AND CANCELLATION
5.1 If Customer or Comnatz has breached any obligation under this Agreement or cause risk of
loss or damage from an act of negligence, Customer or Comnatz may notify the other of its intention to
terminate the Agreement on or after thirty (30) days after the date of notice of termination.
5.2 The termination of this Contract will not affect the validity and application of its Terms or
Conditions for purchase or work order, including, but not limited to the material delivered, service
rendered, or Purchase Order issued prior the date of Contract termination.
5.3 If the customer shall default or commit any breach of any of its obligations to Comnatz, or in
the Company’s judgment, the financial condition of the Customer at the time of provision of services does
not justify the Terms of Payment specified, Comnatz reserves the right to terminate forthwith, or to
suspend its performance under Contract without prejudice to any other claim or right the Customer might
make or exercise.