b'9.2Suspension of delivery. the Buyer from its obligation to timely pay the price for thethat the Buyer will in no event be entitled to claimDAF will be entitled to suspend the production or deliveryrelevant products. any compensation under the Contract for indirect or of products and services, in the event there are, to DAFs11.consequential damages such as loss of profit, decreased sole discretion, reasonable grounds to doubt whetherNon-conformity of the products turnover or property damage or any compensation above Buyer is able or willing to fully and timely fulfil its payment11.1Inspection by Buyer. the amount of the price for the goods delivered, increasedobligations. Without prejudice to articles 10.1 and 10.2, the Buyerwith taxes, import duties and transport costs paid for by the 9.3Late delivery.shall notify DAF in writing of any lack of conformity ofBuyer.the products that has not been apparent immediately In the event DAF has in the Contract consented to an11.9Sole Remedy, Limitation of actions.upon delivery, within 8 days from the date when this was express obligation to deliver the products at an agreed firmdiscovered or could reasonably have been discovered byThe remedies under this article shall be Buyers sole remedy date of delivery or within an agreed firm period of delivery,the Buyer, specifying the nature of the lack of conformity,for non-conformity. Unless otherwise agreed in writing, no and has not honoured this obligation, Buyer will notifyon pain of forfeiting the right to invoke any action based onaction for lack of conformity can be taken by the Buyer, DAF of this in writing. DAF will only be deemed not to havelack of conformity. whether before judicial or arbitral tribunals, after 2 years fulfilled its delivery obligations pursuant to the Contractfrom the date of arrival of the products. It is expressly if DAF has failed to as yet deliver the product to Buyer11.2Minor Discrepancies. agreed that after the expiry of this term, the Buyer willwithin a reasonable period of grace after receipt of BuyersProducts shall be deemed to conform to the Contractnot plead non-conformity of the products, or make a notification. This period will in no event be shorter than fourdespite minor discrepancies that do not essentially affectcounterclaim thereon, in defence to any action taken by weeks. the normal use of the product. DAF against the Buyer based on non-performance of the 9.4Compensation. 11.3Limited Warranty. Contract. DAF shall only be obliged to compensate Buyer for lateBuyer acknowledges and agrees that Buyers sole and12. Maintenance, User Instructionsdelivery if this has been expressly agreed with DAF inexclusive remedy in the event of design and manufacturingwriting. The Buyer will in case of such an express obligationquality issues that are not in conformity with the ContractBuyer acknowledges and agrees that for the safe and be entitled to claim liquidated damages equal to 0.25%and are due to a breach of any of DAFs obligations underproper operation of the vehicles sold by DAF, it is of utmost of the price of those products for each complete week ofthe Contract, will be the remedies set forth in DAFsimportance that DAFs products are being maintained and delay starting as of the end of the period of grace referredstandard ex-factory warranty documentation related to theused in accordance with the relevant documentation issued to in article 9.3. The liquidated damages for delay shall notproducts in question, subject to the terms and conditionsby DAF. Buyer undertakes to make sure the maintenance exceed 2.5% of the price of the products ordered or suchspecified in that documentation. DAFs ex-factory warrantyof the products will only be left to workshops capable of other maximum amount as may be agreed. documentation shall be forwarded to the Buyer free ofcarrying out repair and maintenance work on DAF vehicles charge at Buyers first request. DAFs ex-factory warrantyto the highest professional standards. Buyer will also make 9.5Termination based on non-delivery. sure that the use of the vehicles will only be allowed to shall not apply in respect of defects caused by normal wear The Contract may not be cancelled, rescinded, avoided orand tear, careless or incompetent use or maintenance or bypeople duly informed about and in possession of DAFs otherwise terminated by the Buyer, unless DAF will not haveaccidents or calamities. relevant users instructions.delivered the products by the date on which the Buyer has13.Liability for damage of third partiesbecome entitled to the maximum amount of the liquidated11.4 Used Trucks.damages under article 9.4 and the Buyer has given notice toThe ex-factory warranty referred to in article 11.3 does not13.1Liability. inform DAF of its intention to terminate the Contract, if theapply to used trucks. In the event DAF has sold a usedDAF shall not be liable for any damage caused to products have not been delivered to Buyer within 5 days oftruck to the Buyer, and no written specifics have beenthird parties resulting from defects in the design and receipt of such notice by DAF. In such a case the Contractagreed about the technical state of the vehicle, DAF willmanufacturing of its products and their components, may be cancelled only if and to the extent to which thedeliver the used vehicle in the condition this had at theunless and to the extent to be established in accordance Buyer cannot reasonably be expected to accept any furthermoment the Contract with the Buyer was concludedto applicable mandatory provisions of law regarding the delay in delivery. without any warranty with respect to the operational use orliability for death or personal injuries or damage to personal 9.6Compensation after termination. merchantability of the vehicle. property, caused by defective products. In case of termination of the Contract pursuant to article 9.5,11.5Remedies. 13.2Indemnification for third party claims. then, in addition to any amount paid or payable under articleWhere the products are non-conforming to the ContractThe Buyer shall indemnify and hold DAF harmless from 9.4, the Buyer is entitled to claim damages for any additionaland article 11.3 and 11.4 do not apply, DAF shall (providedall claims for damages of third parties who, for whatever loss not exceeding 2.5% of the price of the non-deliveredthe Buyer having given notice of the lack of conformity inreason, allege to have suffered damage through products goods. compliance with article 11.1) at its option: delivered by DAF, unless DAF is liable for these damages a. pursuant to article 13.1 and Buyer has paid this damage to 9.7Delay in transportation. If DAF has undertaken to arrangeDeliver the missing quantities of the products, orb.Remedy the non-conformity by repair, without anythe injured party.for the transport of the products, but due to force majeuradditional expense to the Buyer, or no means of transport are available to ensure the timelyc. Replace the products with substitute products without14. Force Majeuredelivery of the products at the place of delivery, then the additional expense to the Buyer, or14.1 mpediments.parties shall in common consultation seek a solution that isIacceptable to both DAF and the Buyer. If no such solutiond. Reimburse to the Buyer the price paid for the non- A party is not liable for a failure to perform any of his presents itself within a reasonable period, DAF shall haveconforming products and thereby terminate the Contractobligations in so far as he proves:as regards those products. The above remedies shall bea. that the failure was due to an impediment beyond his the right to suspend delivery or to store products in a warehouse not managed by DAF and not forming part of itsBuyers sole remedies. control, andplant, at the Buyers expense and risk. 11.6Termination. b. t hat he could not reasonably be expected to have taken into account the impediment and its effects upon his 9.8Sole remedy. The remedies under this article shall be BuyersIf DAF has failed to perform its obligations pursuantability to perform at the time of the conclusion of the to article 11.5 by the date on which the Buyer becomes sole remedy for delay in delivery or for non-delivery.entitled to the maximum amount of liquidated damagesContract, and 10.Receiving inspection, complaints according to article 9.3, the Buyer may give notice in writingc.that he could not reasonably have avoided or overcome it or its effects.10.1 nspection products upon receipt. to terminate the Contract as regards the non-conforming I products if the supply of missing quantities, replacement14.2If DAF has undertaken to arrange the transport of theExamples.products sold, the Buyer must examine the products forproducts or the repair is not effected within 14 days ofImpediments beyond the control of DAF as referred to in transport damage immediately upon arrival at their agreedreceipt of such notice by DAF. article 14.1 will be deemed to include the following (this destination. If any transport damage is found, Buyer shall11.7Compensation Re Retained Products. enumeration not being exhaustive): a.make a detailed description thereof on the transportWhere the Buyer elects to retain non-conforming products,war, whether declared or not, civil war, riots and document to be signed after receipt of the products. the Buyer shall be entitled to a sum equal to the differencerevolutions, civil commotion; between the value of the products at the agreed place ofb. natural disasters such as violent storms, cyclones, destination if they had conformed with the Contract and 10.2 Reporting of damage, non-conformity and qualityearth quakes, tidal waves, floods, destruction by deficiencies. their value at the same place as delivered, such sum notlightning, thunderbolts, nuclear, chemical or biological All damages, specification non-conformity issues orexceeding a, considering all circumstances, reasonablecontamination or sonic boom, exceptionally bad weather deficiencies regarding the products which can be detectedcompensation. This compensation will in no event exceedconditions; immediately upon arrival at their destination, must be5% of the price of the products. c.e xplosions, fires, destruction of machines, of factories, reported by the Buyer to DAF in writing with a detailedand any kind of installations; description of the nature of the damage, lack of conformity11.8d. boycotts, strikes, lock-outs of all kinds, go-slows, No Indirect Damages, Maximum Amount.or deficiencies within 2 working days after receipt, on painWithout prejudice to the exclusivity of remedies partiesoccupation of factories and premises and work stoppages of forfeiting the right to invoke any action based on suchagreed to in articles 9.4, 9.6, 11.3 and 11.5, parties agreeinvolving the workforce of the party seeking relief or of damages, non-conformities and deficiencies. The reportingany other party; of damages, non-conformities or deficiencies will not relieve 46153 TRP Catalogue Reprint Adverts 250x337.indd 22 05/01/2021 14:12'