国际商事合同笔记 第二章Part7保证


16.1 The Seller shall warrant that all the Equipment supplied by the Seller shall, except for normal wear and tear, be new and free from defects, be of first class workmanship and materials and show no defects due to faulty design, materials or workmanship under normal operating conditions.


16.2 The Seller's obligations under the aforesaid warranties shall be effective for one (1) year from the date when the last Final Acceptance Certificate is issued or deemed to have been issued in accordance with the provisions provided for in Article 14.3 (hereinafter referred to as the "Warranty Period"). If, during the aforesaid Warranty Period, any Equipment fails to meet the warranties as provided for in Article 16.1 hereof and the Buyer informs the Seller thereof, stating in writing the nature of such failure, the Seller shall, at its expense, repair, make good, replace or modify the Equipment at the Site with all possible speed.


16.3 Any Equipment found defective and thereafter replaced or repaired shall have its Warranty Period of one (1) year renewed from the date of written agreement by both parties that such replacement or repair is completed.


16.4 If the Seller does not commence the correction of such defects within thirty (30) days from the date of receipt of notice from the Buyer or does not complete the said correction with reasonable diligence and within a reasonable time, the Buyer may, at its option, correct the defects at the Seller's risk and expense. The Seller shall reimburse the expense incurred by the Buyer for remedy of such defects within thirty (30) days from the date of receipt of the Buyer's invoice. If the Seller fails in making such payment to the Buyer within the above-mentioned period, the Buyer may, at its option, withdraw the said expense out of the Warranty Bond established under Article 17 hereof.


16.5 The Seller shall not be liable and the Warranties stipulated in this Article shall not apply if and to the extent that the Equipment damaged or altered pursuant to the following:


A. Damage in transit, improper storage or handling, incorrect or negligent operations or improper maintenance;(由于运输过程、不适当的存储或操作、错误的或粗心大意的操作或不正确的维护而产生的损害;)

B. Any alterations made by the Buyer without the consent of the Seller; and买方未经卖方同意而对设备进行的任何更改;以及

C. Normal tear and wear.(正常的磨损。)