Protection of Intellectual Property Rights
- SDRPlay warrants that the goods and their components do not violate the intellectual
property rights of third person in your country. However, SDRPlay shall not be liable
for infringement of intellectual property rights caused by you when you integrate the
delivered goods or their components with your plant and machinery.
- If a third party holds you liable for violating an intellectual property right that
exists in your country, and SDRPlay is responsible the following rules shall apply:
- You shall defend itself against the claims alleged by third parties, both in
extra-judicial and in judicial proceedings. SDRPlay will offer support to you,
provided you notify SDRPlay of the third-party claim within a reasonable time.
When a final judgment is rendered on such claim, SDRPlay will indemnify you for
court and legal costs, and, if necessary, satisfy an adverse judgment.
- If by a final decision it has been determined that the supplied goods or their
components violated an intellectual property right in your country, and that
this violation prevented you from using the goods, SDRPlay, at its own expense,
shall have the following choices: It may acquire a license to use the goods; it
may replace the goods or change them in a way that they no longer violate the
intellectual property right; or it may take the goods back and reimburse you for
the purchase price and transportation costs.
- The above provisions are exclusive, and SDRPlay shall not be held liable for any further
damages resulting from a direct or indirect violation of intellectual property rights
owned by third parties.
- To the extent that the goods are or may become subject to an intellectual property right
of a third party, SDRPlay is required to convey to you only those goods to which SDRPlay
owns the intellectual property rights.
Liability for Defects
SDRPlay's liabilities for defective and nonconforming goods and the breach of an express
warranty are governed by the following provisions:
- If a preexisting design defect or manufacturing defect or the use of low quality
materials in the goods entirely or substantially impairs the usefulness of the goods or
services, you may assert the following rights within one (1) year from the date of
delivery of the goods or performance of the service: You may demand that defects be
cured without any additional charge or that defective products or services be replaced
by conforming goods or services. You shall give SDRPlay immediate written notice of any
defects or any breaches of an express warranty.
- As a general rule, you are obligated to fulfill in good faith its obligation to pay the
agreed-upon price for goods and services. However, in the case of an apparent and
undisputed defect in the goods or services, you shall be entitled to delay the payment
of the portion of the purchase price reasonably related to the defect.
- You shall in good faith give SDRPlay reasonable time and access to the goods to cure the
defect. If you refuse to provide for a reasonable time or otherwise prevents SDRPlay
from curing, SDRPlay's obligation to cure the defect is extinguished.
- If you provide SDRPlay with a reasonable time to cure, but SDRPlay fails to cure the
defect within this time, you shall be entitled to rescind from the contract or lower the
- The limitation period for you to demand cure of the defect in goods or services is one
(1) year from the date SDRPlay receives notice of such defect.
- Your remedies for defects are not triggered when the defects are caused by improper
treatment or unreasonably heavy use of the goods, applying inappropriate devices to the
goods, or exposing the goods to unnecessary chemical substances or electromagnetic or
- The warranty period for the replacement goods or replacement services shall expire six
(6) months after the date of replacement or on the date the original one (1) year
warranty on the originally supplied goods or services was to expire, whichever is later.
- The above provisions are exclusive, and you shall have no further rights against SDRPlay
or its agents. In particular, you may not hold SDRPlay or its agents liable for damages
on any other goods other than the delivered goods or service. However, this provision
shall not apply if, for instance, the product liability law imposes mandatory liability
for personal injury or damage to private property. Likewise, the above provision does
not apply where SDRPlay acted intentionally or recklessly, or where SDRPlay is
mandatorily liable for breach of express warranty.
- Unless otherwise agreed upon in writing, SDRPlay does not warrant that the delivered
goods comply with the laws of any foreign country.