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27.2.7if the equipment or any part thereof cannot be used by reasonof such defect and/or making good of such defect， the defect liabilityperiod of the equipment or such part， as the case may be， shall beextended by a period equal to the period during which the equipment orsuch part cannot be used by the buyer due to any of the aforesaid reasons.
27.3defect liability for technical documents
27.3.1if， during the defect liability period， any error or mistakeshould be found in the technical documents or any part thereof;
（a）the supplier shall promptly and at its cost correct such error ormistake and re-deliver to the buyer the technical documents or part（s)thereof so corrected， and repair， replace or otherwise make good （as thesupplier shall at its discretion determine）any such defect in， or anysuch damage to， the equipment or any part thereof， as caused by the saiderror or mistake in the technical documents or any part thereof， subjectto the same conditions as set forth in articles 27.2.1 through 27.2.7above inclusive， or
（b）the supplier shall be liable for， and pay to the buyer， reasonabledirect costs incurred by the buyer in repairing， replacing or otherwisemaking good （as the supplier shall at its discretion determine）any suchdefect in， or any such damage to， any part of the contract plant otherthan the equipment supplied， or the works for the contract plant executed，by or on behalf of the buyer， as caused by the said error or mistake inthe technical documents or any part thereof， providing that the laborcosts included therein shall be calculated based on the local costsincurred in the country in which the contract plant is to be constructed.
provided that the supplier shall not be responsible for any such erroror mistake in the technical documents or any part thereof as caused byinaccurate drawings， data or information furnished to the supplier by thebuyer and for any defect in， or damage to， any part of the contract plantor the works for the contract plant executed by or on behalf of the buyeror any other loss or damage incurred by the buyer， arising out of orresulting from any such error or mistake in the technical documents or anypart thereof as caused by inaccurate drawings， data or informationfurnished to the supplier by the buyer， or any failure on the part of thebuyer to fully comply with the technical documents.
27.3.2the buyer shall give the supplier a notice stating the natureof any error or mistake in the technical documents or any part thereof andof any such defect in， or any such damage to， any part of the contractplant or the works for the contract plant executed， by or on behalf of thebuyer， as caused by the said error or mistake in the technical documentsor any part thereof， promptly following the discovery thereof. the buyershall afford all reasonable opportunity for the supplier to inspect anysuch error or mistake or any such defect or damage.
27.3.3notwithstanding anything to the contrary provided in thecontract， the aggregate liability of the supplier to the buyer arising outof or in connection with the technical documents under this article 27.3（defect liability for technical documents)， except for the liability tocorrect the erroneous or defective technical documents and re-deliver thetechnical documents so corrected and to repair， replace or otherwise makegood any defect in， or any damage to， the equipment or any part thereofunder article 27.3.1 above， shall not exceed _________ per cent（_________%）of the total design fee specified in article 12 （contractprice and technical service fee）hereof.
27.4defect liability for technical services
27.4.1if， during the defect liability period， any error or mistakeshould be found in the technical advice and instructions given in writingby the supplier's engineer during his performance of the technicalservices;
（a）the supplier shall promptly and at its cost reperform thetechnical services related to such erroneous or mistaken written technicaladvice or instructions and repair， replace or otherwise make good （as thesupplier shall at its discretion determine）any such defect in， or anysuch damage to， the equipment or any part thereof， as caused by the saiderror or mistake in the written technical advice or instructions， subjectto the same conditions as set forth in articles 27.2.1 through 27.2.7above inclusive， or
（b）the supplier shall be liable for， and pay to the buyer， reasonabledirect cost incurred by the buyer in repairing， replacing or otherwisemaking good （as the supplier shall at its discretion determine）any suchdefect in， or any such damage to， any part of the contract plant otherthan the equipment supplied， or the works for the contract plant executed，by or on behalf of the buyer， as caused by the said error or mistake inthe written technical advice or instructions， providing that the laborcosts included therein shall be calculated based on the local costsincurred in the country in which the contract plant is to be constructed.
provided that the supplier shall not be responsible for the technicalservices related to any such erroneous or mistaken written technicaladvice or instructions as caused by inaccurate drawings， dataorinformation furnished to the supplier by the buyer and for any defect in，or damage to， any part of the contract plant or the works for the contractplant executed by or on behalf of the buyer or any other loss or damageincurred by the buyer， arising out of or resulting from any such error ormistake in the written technical advice or instructions given by thesupplier's engineer as caused by inaccurate drawings， data or informationfurnished to the supplier by the buyer， or any failure on the part of thebuyer to fully comply with the written technical advice or instructionsgiven by the supplier's engineer， or any performance by the buyer withoutattendance of the supplier's engineer of any procedure， test， program orwork which are subject to the attendance of the supplier's engineer underthe contract.
27.4.2the buyer shall give the supplier a notice stating the natureof any error or mistake in the aforesaid written technical advice orinstructions given by the supplier's engineer and of any such defect in，or any such damage to， any part of the equipment or any part of thecontract plant other than the equipment supplied， or the works for thecontract plant executed， by or on behalf of the buyer， as caused by thesaid error or mistake in the written technical advice or instructionsgiven by the supplier's engineer， promptly following the discoverythereof. the buyer shall afford all reasonable opportunity for thesupplier to inspect any such defect or damage.
27.4.3notwithstanding anything to the contrary provided in thecontract， the aggregate liability of the supplier to the buyer arising outof or in connection with the technical services under this article 27.4（defect liability for technical services)， except for the liability of thesupplier to reperform the technical services related to the erroneous ormistaken written technical advice or instructions and to repair， replaceor otherwise make good any defect in， or any damage to， any part of theequipment under article 27.4.1 above， shall not exceed _________ per cent（_________%）of the total sum of the technical service fee which thesupplier shall have received from the buyer.

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