Siemens SIMATIC NET CP 1512 Installationsanleitung Seite 100

5. Payment
5.1 Siemens will invoice separately at the rates in force at the time for the following:
Support with the start-up of the Software;
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Support with analysing and correcting defects due to improper use or any other cir-
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cumstances not inherent in the Software.
5.2 Payment shall be effected immediately after delivery/completion of service and receipt of
invoice.
6. Liability
6.1 If the Supplier is responsible for a delay in delivery, the Purchaser who can establish
credibly that he suffered a loss from such delay may claim agreed compensation of 0.5 %
for every completed week of delay but in no event shall the aggregate of such compen-
sation exceed a total of 5 % of the price of that part of the Supplies which, because of the
delay, could not be put to the intended use.
6.2 Purchaser's claims for compensation which exceed the limits specified in para. 6.1. shall
be excluded in all cases of delayed delivery even after expiry of an extension of time that
may have been granted to the Supplier. This exclusion shall not apply where in cases of
wilful misconduct or gross negligence there is a legally binding liability on the part of the
Supplier. Purchaser's right to terminate the contract shall remain unaffected after the ex-
piry of an extension granted to the Supplier that did not result in delivery.
6.3 Siemens shall be fully liable for death or personal injury arising from its negligence and
shall be responsible for direct damage to property up to an amount of EUR 500.000,– per
event where such damage is caused by Siemens' negligence. In the event of loss of or
damage to data media, Siemens shall not be liable for the cost of restoring lost data.
6.4 Any further claims for damages from the Customer other than those expressly specified in
this Contract, whatever the cause in law, in particular claims on the grounds of damages
resulting from consultation, support with the introduction of the Software or as a result of
software errors, are excluded insofar as liability is not binding, e. g. in the case of damage
to items for private use or in cases of wilful misconduct, gross negligence, the absence of
characteristics promised to the Customer or of the fundamental non-performance of
contractual obligations. However, liability for damages arising from the fundamental non-
performance of contractual obligations shall be limited to the foreseeable damage nor-
mally covered by a contract except in cases of wilful misconduct or gross negligence.
This limitation does not imply a change in the burden of proof to the detriment of the
Customer.
6.5 No change in the burden of proof to the detriment of the Purchaser is involved in the abo-
ve stipulations as per para 6.2 to 6.4.
7. Industrial Property Rights and Copyright
7.1 If a third party, because of an infringement of an industrial property right or copyright
(hereinafter called "Property Rights") by products furnished by the Supplier and used in
conformity with the contract, asserts legitimate claims against the Purchaser, the Supplier
shall be liable to the Purchaser as follows:
a) At his own option and expense, the Supplier shall either obtain a right to use the pro-
duct, modify the product so as not to infringe the Property Rights or replace the
product. If this is not possible to the Supplier on acceptable terms, he shall have to
take back the product and refund the purchase price.
b) Supplier's aforesaid obligations shall exist only on condition that the Purchaser im-
mediately notifies the Supplier in writing of the claims asserted by the third party, that
he does not acknowledge an infringement and that all countermeasures and settle-
ment negotiations are reserved to the Supplier. If the Purchaser stops using the
product to reduce the damage or for other important reasons, he shall be obliged to
make it clear to the third party that the suspended use does not mean acknowledg-
ment of an infringement of Property Rights.
7.2 Claims of the Purchaser shall be excluded if he is responsible for an infringement of Pro-
perty Rights.
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CP 1512 Installation Instructions
CP 1512 Installation Instructions
C79000-N8974-C001-02