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20.
WARRANTY CONDITIONS
1. Without prejudice to the restrictions stated hereinafter, the contractor guarantees both the soundness
of the product delivered by him and the quality of the material used and/or delivered for it, insofar as
this concerns faults in the product delivered which do not become apparent during inspection or
transfer test, which the principal shall demonstrate to have arisen within 12 months from delivery in
accordance with sub article 1A exclusively or predominantly as a direct consequence of unsoundness
of the construction used by the contractor or as a consequence of faulty finishing or the use of poor
materials.
1A. The product shall be deemed to have been delivered when it is ready for inspection (if inspection
at the premises of the contractor has been agreed) and otherwise when it is ready for shipment.
2. Articles 1 and 1a shall equally apply to faults which do not become apparent during inspection or
transfer test which are caused exclusively or predominantly by unsound assembly/installation by the
contractor. If assembly/installation is carried out by the contractor, the guarantee period intended in
article 1 shall last 12 months from the day on which assembly/installation is completed by the
contractor, with the understanding that in this case the guarantee period shall end not later than 18
months after delivery in accordance with the terms of sub article 1A.
3. Defects covered by the guarantee intended under articles 1, 1a and 2 shall be remedied by the
contractor by repair or replacement of the faulty component either on or off the premises of the
contractor, or by shipment of a replacement component, this remaining at the discretion of the
contractor. Subarticle 3A shall equally apply if repair or replacement takes place at the site where the
product has been assembled/installed. All costs accruing above the single obligation described in the
first sentence, such as are not restricted to shipment costs, travelling and accommodation costs or
disassembly or assembly costs insofar as they are not covered by the agreement, shall be paid by the
principal.
3A.If repair or replacement takes place at the site where the product has been assembled/installed,
the principal shall ensure, at his own expense and risk, that:
a. the employees of the contractor shall be able to commence their work as soon as they have
arrived at the erection site and continue to do so during normal working hours, and moreover, if
the contractor deems it necessary, outside the normal working hours, with the proviso that the
contractor informs the principal of this in good time;
b. suitable accommodation and/or all facilities required in accordance with government regulations,
the agreement and common usage, shall be available for the employees of the contractor;
c. the access roads to the erection site shall be suitable for the transport required;
d. the allocated site shall be suitable for storage and assembly;
e. the necessary lockable storage sites for materials, tools and other goods shall be available;
f. the necessary and usual auxiliary workmen, auxiliary machines, auxiliary tools, materials and
working materials (including process liquids, oils and greases, cleaning and other minor
materials, gas, water, electricity, steam, compressed air, heating, lighting, etc.) and the
measurement and testing equipment usual for in the business operations of the principal, shall
be available at the correct place and at the disposal of the contractor at the correct time and
without charge;
g. all necessary safety and precautionary measures shall have been taken and adhered to, and all
measures shall have been taken and adhered to necessary to observe the applicable
government regulations in the context of assembly/installation;
h. the products shipped shall be available at the correct site at the commencement of and during
assembly.