H4-HV-9-A ssionfree therefore very environmentally friendl Helical gearboxes H4

Flender/Flender Gear Units/Helical gearboxes H4

ial work including error diagnosis. 9.7 Any other liability of Flender and rights and remedies of the Customer in case of defects of the Supplies, other than those expressly stipulated in this Clause 9 or , in case Flender failed at least three times in remedying the defect, in Clause 1.2b) shall be excluded. All warranties, representations, conditions, and all other terms of any kind whatsoever implied by statute or law are, to the fullest extent permitted by applicable aw, excluded from this Contract. 1. Intellectual Property Rights 1.1 If third party asserts legitimate claims against the Customer that the Supplies infringe an IPR owned by such third party , then subject to the following provisions of this Clause 1, Flender shall, at its option and expense, either ) obtain right to use the relevant IPR in connection with the Supplies; or ) modify the Supplies so as not to infringe the relevant IPR; or ) replace the infringing part of the Supplies. If, in the opinion of Flender , none of the foregoing is reasonably possible, Flender may take back the relevant part of the Supplies and reimburse the price for such part. 1.2 Flender ' obligations in Clause 1.1 are subject to the following conditions: ) The Customer has immediately notified Flender in writing of the third partys claim and furnished Flender with copy of each communication, notice or other action relating to the alleged infringement, ) the Customer does not acknowledge an infringement and provides Flender with the authority, information and assistance reasonably required by Flender to defend or settle such claim, and ) Flender is given sole control of the defence (including the right to select counsel), and the sole right to settle such claim. If the Customer ceases to use the Supplies or any relevant portion thereof, it shall notify the third party in writing that its cessation of use is not an admission of IPR infringement.