as a result of being unable to complete the Exchange or Servicing as planned, including but not limited to handling costs and import export and customs duties (if any) for the Products. 7.4. VIKING shall at all times use its best efforts to mitigate or minimize any additional costs it may incur resulting from changes in the sailing plan of the Ship, for instance by setting a new date and place for the Exchange or Servicing in question, before the expiration of the Due Date (if possible) in the Ship’s new port of arrival, provided this Port is mentioned in this agreement. 7.5. If VIKING concludes that, because of special requirements in the Ship’s port, or special requirements in importing/exporting Products to the Country in question, it is not feasible to conduct the Exchange or Servicing of the Products before the expiration of the Due Date, then the Ship shall apply for an extension of its Product Certificates in accordance with the IMO SOLAS requirements for each type of Products. The Ship shall, as soon as possible, notify VIKING about such request for Due Date extension and in any event shall notify VIKING prior to the Due Date for each of the Products. 8. LIABILITY FOR NON-CONFORMITY 8.1. VIKING warrants that the Products comply with the specification and description set forth in the Contract. The Products shall only be considered non-conforming in the event of non-compliance with this warranty. 8.2. Except for the warranty, VIKING does not make any further warranties or representations, and VIKING expressly excludes all implied warranties relating to the products, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose and, any warranties and representations that the products will comply with any law or regulations not expressly referred to in the contract. 8.3. The Buyer shall examine the Products or cause them to be examined immediately after they have arrived at their final destination. If any non-conformity is discovered or ought to be discovered during this examination, VIKING shall be notified thereof no later than one (1) week after the Products arrived at their final destination. 8.4. The Buyer shall further notify VIKING of any non-conformity immediately after the Buyer has discovered or ought to have discovered the non-conformity. 8.5. The Buyer loses the right to rely on any non-conformity and consequently the right to resort to any remedy for breach of contract, if the Buyer has not given VIKING notice thereof within a period of twelve (12) months after the date of delivery. 8.6. In the event of any non-conformity, VIKING may at its discretion choose either to deliver a substitute Product or to repair any non-conforming Product at a place designated by VIKING. VIKING shall bear the cost of transportation of the Product to the place designated by VIKING. VIKING shall always be granted an additional period of time to deliver a substitute Product or repair the Product, such period not to be less than one month If VIKING fails to deliver a substitute Product or repair the Product within the additional period of time, the Buyer shall be entitled to either: Page 2 of 4 a) a proportionate price reduction not exceeding ten per cent (10 %) of the purchase price; or b) terminate the Contract, provided that the non- conformity constitutes a fundamental breach by VIKING, and claim damages for the loss incurred by the Buyer, always provided that such damages shall not exceed ten per cent (10 %) of the purchase price. 8.7. Any non-conforming Product or parts thereof which have been replaced by VIKING shall be made available to VIKING and be VIKING's sole property. 8.8. VIKING is not liable for any non-conformity arising out of any of the clauses set forth in clause 9. 8.9. The remedies provided for in clauses 8 shall be the sole and exclusive remedies available to the Buyer arising out of any non- conformity. Any other remedy against VIKING arising out of such non-conformity is excluded. 9. PRODUCT LIABILITY 9.1. VIKING's liability for death or injury to persons caused by defects in the Product or Services, shall be limited to the liability prescribed by mandatory rules of the applicable national law. 9.2. VIKING shall not be liable for any damage to real or to personal property caused by the Product after it has been delivered and whilst it is in the possession of the Buyer, except for liability of VIKING prescribed by mandatory rules of the applicable national law. VIKING shall not be liable for any damage to products manufactured by the Buyer or to products of which the Buyer’s products form a part. 9.3. If VIKING incurs liability towards any third party for any damage as described in clause 9.2 above, the Buyer shall indemnify and hold VIKING harmless from and against such liability. In addition, the Buyer shall indemnify and hold VIKING harmless from and against any damage arising out of (i) any improper or incorrect use of the Product, (ii) any improper or incorrect installation, repair or maintenance of the Products, (iii) any alteration carried out without VIKING’s prior written consent, (iv) any failure by the Buyer to adequately train personnel in the operation of the Products, (v) any normal wear and tear or deterioration, (vi) any failure by the Buyer to comply with applicable laws or regulations, or (vii) any negligence on the part of the Buyer. 9.4. If a claim for such damage and/or injury as described in clauses 9 above is filed by a third party against one of the Parties, the Party against whom the claim is filed shall immediately inform the other Party thereof in writing. The Buyer shall be obliged to be joined as a party to proceedings of any court or arbitral tribunal examining claims for damages filed against one of the Parties on the basis of damage allegedly caused by the Product or Services. 10. FORCE MAJEURE VIKING shall be entitled to suspend performance of its obligations under the Contract to the extent that such performance is impeded or made unreasonably onerous by any of the following circumstances: fire, war (whether declared or not), military mobilization, insurrection, requisition, seizure, embargo, terrorism, restrictions in the use of power, any industrial dispute, any disturbances in deliveries by sub-contractors, any shortage of raw materials, utilities or transportation and any other circumstances that are beyond VIKING’s reasonable control and which affect VIKING’s possibilities to fulfil the Contract ("Force Majeure"). 25.05.2023
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