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furnished and / or installed the new parts to replace
the defective parts (repair date). Warranty claims
received beyond the forty-five (45) day period will
automatically be denied.
If corrected or additional information is requested,
the requested information shall be submitted by the
BUYER within thirty (30) days from the receipt of
the request to provide that information. Warranty
claim returned beyond the thirty (30) day period will
automatically be denied.
REMOVED PARTS
If BUYER makes any claim under this warranty that
any parts of Engines are defective, the removed part
(s) must be kept by the BUYER for a period of six
(6) months from the date of warranty claim
application unless otherwise instructed by
SUPPLIER for the disposal.
The removed parts must be kept in proper condition
to prevent additional damage or corrosion. Warranty
compensation may be charged-back, if the removed
parts are not properly kept, lost or not returned to
SUPPLIER as per request.
If requested by SUPPLIER, the removed parts shall
be shipped to SUPPLIER with charges borne by
SUPPLIER.
RECEIVING INSPECTION AND STORAGE OF
THE ENGINES
BUYER shall inspect each shipment with respect to
the conformity with specifications, missing parts and
damage of Engines promptly upon receipt of
Engines. In the event that BUYER finds any
unsatisfactory condition through such inspection,
BUYER shall make a claim in writing respect thereto
within sixty (60) days after the shipping date of
Engines.
SUPPLIER will not be liable for any claim made by
BUYER after such period and also shall not be liable
for damages of Engines where BUYER may make a
claim for such damages under an applicable policy of
insurance. In case the claims under this Article have
been verified by SUPPLIER, upon request of
BUYER, SUPPLIER will deliver free of charge such
parts as are determined to be missing or damaged.
BUYER shall be responsible for the proper storage
and maintenance not be decrease the performance of
the Engines during the period of time from unloading
of Engines by the carrier of Port of Destination until
delivered to the first customer. Any damage
occurring during such period will be the sole
responsibility of BUYER.
PERFORMANCE OF SERVICES BY BUYER
BUYER shall from time to time perform maintenance
and repair services in relation to Engines in
accordance with the stipulation of “service
information” in effect at the time when Engines are
put into service and shall submit the required
maintenance and service reports to SUPPLIER.
In the case of any functional difficulty and / or defect,
BUYER shall immediately carry out any necessary
repair or service and shall immediately notify
SUPPLIER of any major problem.
BUYER s required to conform to all present and
future instruction from SUPPLIER concerning
maintenance and servicing of Engines in Territory.
SUPPLIER’s LIABILTY UNDER THIS
WARRANTY
SUPPLIER’s liability under this warranty shall be IN
LIEU OF ALL OTHER LIABILITIES OF
SUPPLIER for defect in material or workmanship of
Engines or ANY OTHER WARRANTIES,
EXPRESS OR IMPLIED, statutory or at common
law WHICH BUYER HEREBY WAIVES. In no
event shall SUPPLIER be liable for consequential or
indirect damages regarding Engines.
SETTLEMENT OF DISPUTES
This agreement shall be construed in accordance with
the Korean laws. All disputes, controversies,
differences or claims arising out of or related to this
Agreement which cannot be settled amicably by
negotiation between the parties hereto shall be
referred to and settled by arbitration in Seoul, Korea
in accordance with the Arbitration Rules of the
International Chamber of Commerce.
