Unrestricted
20
©
2019 Siemens Industry, Inc.
814205 Rev02
7. Warranty
7.1 Limited Warranty
(a)
Warranties.
Siemens warrants that: (i) each Product is free from defects in material and workmanship;
(ii) each Product materially conforms to Siemens's specifications that are attached to, or expressly
incorporated into this Agreement; and (iii) at the time of delivery, Siemens has title to each Product free and
clear of liens and encumbrances (collectively, the “Warranties"). The Warranties do not apply to software
furnished by Siemens. The sole and exclusive warranties for any software are set forth in the applicable
Software License/Warranty Addendum.
(b)
Conditions to the Warranties.
The Warranties are conditioned on: (i) no repairs, modifications or
alterations being made to the Product other than by Siemens or its authorized representatives; (ii) Buyer
handling, using, storing, installing, operating and maintaining the Product is in compliance with any
parameters or instructions in any specifications attached to, or incorporated into this Agreement; (iii)
compliance with all generally accepted industry standards; (iv) Buyer discontinuing use of the Product after
it has, or should have had, knowledge of any defect; (v) Buyer providing prompt written notice of any
warranty claims within the warranty period described below; (vi) at Siemens' discretion, Buyer either
removing and shipping the Product or non-conforming part thereof to Siemens, at Buyer's expense, or
granting Siemens reasonable access to the Products to assess the warranty claims; (vii) Product not having
been subjected to accident (including force majeure), alteration, abuse or misuse; and (viii) Buyer not being
in default of any payment obligation.
(c)
Exclusions from Warranty Coverage.
The Warranties do not apply to any equipment not provided by
Siemens under this Agreement.
Any Product that is described as being experimental, developmental, prototype, or pilot is specifically
excluded from the Warranties and is provided to Buyer “as is” with no warranties of any kind. Normal wear
and tear is excluded, including any expendable items that comprise part of the Product (such as fuses, light
bulbs and lamps). Siemens does not warrant or guarantee that any Product will be secure from cyber
threats, hacking, or similar malicious activity. Products that are networked, connected to the internet, or
otherwise connected to computers or other devices must be appropriately protected by Buyer and/or end
user against unauthorized access.
(d)
Warranty Period.
Buyer must provide written notice of any claims for breach of Warranties by twelve
(12) months from shipment. Additionally, absent written notice within the warranty period, any use or
possession of the Product after expiration of the warranty period is conclusive evidence that the Warranties
have been satisfied.
(e)
Remedies.
Buyer's sole and exclusive remedies for breach of the Warranties are limited, at Siemens'
discretion, to repair or replacement of the Product, or its non-conforming parts, within a reasonable time