SIEMENS
ROBICON Perfect Harmony
Liquid-cooled drives
7
7/4
Siemens D 16.2 – 2012
Conditions of sale and delivery (continued)
Standard terms and
conditions of sales and delivery
3. Delivery; Title; Risk of Loss. Product shall be delivered
F.O.B. Siemens point of shipment with title to the
Product and risk of loss or damage for the Product
passing to Buyer at that point. Buyer shall be responsible
for all transportation, insurance and related expenses
including any associated taxes, duties or documentation.
Siemens may make partial shipments. Shipping dates are
approximate only and Siemens shall not be liable for any
loss or expense (consequential or otherwise) incurred
by Buyer or Buyer’s customers if Siemens fails to meet
the specified delivery schedule. A 5% handling charge will
be added to the price for all Product furnished from a
local branch.
4. Deferment and Cancellation. Buyer shall have no
deferment rights and Buyer shall be liable for cancellation
charges, which shall include without limitation
(a) payment of the full product price for any finished
Product or works in progress;
(b) payment for raw materials ordered pursuant to a firm
purchase order; and
(c) such other direct costs incurred by Siemens as a result
of such cancellation.
5. Force Majeure / Delays. If Siemens suffers delay in
performance due to any cause beyond its reasonable
control, including without limitation acts of God, strikes,
labor shortage or disturbance, fire, accident, war or
civil disturbance, delays of carriers, failure of normal
sources of supply, or acts of government, the time of
performance shall be extended a period of time equal to
the period of the delay and its consequences. Siemens
will give to Buyer notice within a reasonable time after
Siemens becomes aware of any such delay.
6. Buyer’s Requirements. Timely performance by Siemens
is contingent upon Buyer’s supplying to Siemens all
required technical information and data, including
drawing approvals, and all required commercial
documentation.
7. Limited Warranty.
(a) Limited Product Warranty Statements. For each
Product purchased from Siemens or an authorized
reseller, Siemens makes the following limited
warranties: (i) the Product is free from defects in
material and workmanship, (ii) the Product
materially conforms to Siemens’ specifications that
are attached to, or expressly incorporated by reference
into, these terms, and (iii) at the time of delivery,
Siemens has title to the Product free and clear of
liens and encumbrances (collectively, the “Limited
Warranties”). Warranties with respect to software
which may be furnished by Seller as part of the
Product, if any, are expressly set forth elsewhere in
these terms. The Limited Warranties set forth herein
do not apply to any software furnished by Siemens. If
software is furnished by Siemens, then the attached
Software License/Warranty Addendum shall apply.
(b) Conditions to the Limited Warranties. The Limited
Warranties are conditioned on (i) Buyer storing,
installing, operating and maintaining the Product
in accordance with Siemens’ instructions, (ii)
no repairs, modifications or alterations being made
to the Product other than by Siemens or its authorized
representatives, (iii) using the Product within any
conditions or in compliance with any parameters set
forth in specifications that are attached to, or
expressly incorporated by reference into, these terms,
(iv) Buyer discontinuing use of the Product after it
has, or should have had, knowledge of any defect in
the Product, (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 Buyer granting Siemens access to the
Products at all reasonable times and locations to
assess the warranty claims, and (vii) Buyer not being
in default of any payment obligation to Siemens under
these terms.
(c) Exclusions from Limited Warranty Coverage. The
Limited Warranties specifically exclude any equipment
comprising part of the Product that is not
manufactured by Siemens or not bearing its
nameplate. To the extent permitted, Siemens herby
assigns any warranties made to Siemens for such
equipment. Siemens shall have no liability to Buyer
under any legal theory for such equipment or any
related assignment of warranties. Additionally, any
Product that is described as being experimental,
developmental, prototype, or pilot is specifically
excluded from the Limited Warranties and is provided
to Buyer “as is” with no warranties of any kind. Also
excluded from the Limited Warranties are normal
wear and tear items including any expendable items
that comprise part of the Product, such as fuses and
light bulbs and lamps.
(d) Limited Warranty Period. Buyer shall have 12 months
from initial operation of the Product or 18 months
from shipment, whichever occurs first, to provide
Siemens with prompt, written notice of any claims of
breach of the Limited Warranties. Continued use or
possession of the Product after expiration of the
warranty period shall be conclusive evidence that the
Limited Warranties have been fulfilled to the full
satisfaction of Buyer, unless Buyer has previously
provided Siemens with notice of a breach of the
Limited Warranties.