12.4 If the Supplier is in default with the subsequent fulfilment of the
Contract, if he refuses subsequent fulfilment without justification, the
subsequent fulfilment is unsuccessful or is unreasonable to SAF or
where agreed upon in Clause 12.6, SAF can perform the subsequent
fulfilment themselves or have is performed by third parties at the
expense of the Supplier.如果供应商在默认情况下履行后续合同,如果
他无理由拒绝,未能履行后续合同,或未按照SAF认为合理的方式
或未按照已达成一致的条款12.6履行后续合同,则SAF可自行履行
后续合同或委托第三方履行,费用由供应商承担。
12.5 The Supplier shall bear all the necessary costs for the subsequent
fulfilment, in particular transport, travelling, labour and material costs. If
the defects in the Contract Products are discovered only after their
introduction into the manufacturing process at SAF or in the SAF
customer’s works, the Supplier’s replacement obligation shall also
include all the necessary resulting costs and expenses, in particular for
removal and installation at SAF or, insofar as SAF is obliged towards
the customer, at the customer’s works.供应商应承担后续履行的所有必
要的费用,特别是交通费、差旅费、人工与材料成本。如果只是在引
入SAF生产过程后或进入SAF客户工厂后,发现合同产品存在不合
格品,供应商的更换责任应包括产生的所有必需成本和费用,特别是
SAF内部或由SAF义务承担的客户工厂的拆除不合格品和安装更换
产品发生的成本和费用。
12.6 If defects in the Contract Products are discovered only after the handover of
the products manufactured by SAF using these Contract Products to the
trailer user, SAF shall be entitled, notwithstanding further contractual or
statutory rights, to repair such Contract Products themselves or to have
them repaired by the network of workshops maintained by SAF(“SAF
competence partners”) or outside Germany by the local national
representatives or by the specialist workshops authorised by them
(jointly referred to as “Service Partners”) or, where this is necessary or
probably less expensive, to have these parts replaced. The same shall
apply to the remedying of consequential damage caused by defects in the
Contract Products to the products manufactured by SAF using these
Contract Products. In this case the Supplier shall refund SAF for the
purchase price of the necessary spare parts incurred by the Service
Partner (whereby original spare parts shall be used as far as possible), for
actual and necessary transport and labour costs and, where this has been
agreed separately, and lump-sum handling charge per warranty claim.
The level of the lump-sum handling charge and the labour costs to be
refunded in the sense of this Clause shall be defined in a separate
agreement. Alternatively, the normal local rates for a specialist