Liability for defects. Aptum is dependent on manufacturers and developers of the Branded Products for updates and patches, including security patches, and will have no liability to Customer, Customer’s Users or any third party with respect to security vulnerabilities inherent in the applicable Branded Products.
Liability for defects. BHJ is only liable for material defects in the goods and provided that the purchaser has complained about a material defect within the deadline set out in section 10 and the complaint is justified. If the purchaser established that BHJ can be held liable for the defects, BHJ shall in its sole discretion and as its sole obligation replace the delivery, remedy the defect, or offer the purchaser a proportional price reduction, whereupon the defect shall be deemed to be fully remedied. The purchaser is not entitled to compensation for losses including loss of business opportunities, loss of profit, loss of time or other indirect losses and BHJ's total liability is limited in accordance with section 13. Section 3 shall apply to delays in respect of replacement deliveries. If goods are used as a component or ingredient in the purchaser's products and a material defect in the goods causes damage to such products or results in a loss for the purchaser, BHJ is subject to a timely and justifiable complaint according to sections 10 and 11 liable for the purchaser's documented direct loss. The purchaser is not entitled to compensation for other losses including loss of business opportunities, loss of profit, loss of time or other indirect losses and BHJ's total loss is limited in accordance with section 13.
Liability for defects. The Partner shall warrant that its development works are free from defects. The statutory provisions applicable to contracts for work and services (Werkvertrag) – including the provisions which govern the statute of limitation – shall apply to defects.
Liability for defects. 5.1 The Customer is required to inspect the delivered Products without undue delay after delivery and to report any defects.
Liability for defects. 12.1 Supplier warrants that, during the period defined below (“Warranty Period”), the Equipment and Spare Parts will be free of defects in material and workmanship and in conformity with the agreed specifications. The Supplier also warrants that it will use reasonable skill and care in performing any Services and in providing any Software under the Contract.
Liability for defects. 6.1 A Product which is not in conformity with the agreed specification shall be considered deficient, unless the non- conformity is without significance for the intended use of the Product. The Supplier’s liability for other defects is limited to defects caused by defective construction, materials or manufacturing.
Liability for defects. The seller shall be entitled but not obligated to participate in the hand-over inspection for defects and in the 1-year and 5-year inspections for defects. If the seller does not participate, the seller does not waive any right to raise objections at a later date. A product is not defective and the buyer may consequently not claim remedies for breach if the product has been produced in accordance with the buyer’s instructions or the buyer has demanded the use of a specific material, and the seller has used the material demanded. If a product proves defective and the buyer gives timely notice of defects, the buyer may only claim the following remedies for breach in the order stipulated: • The seller repairs the defects. • If repair is not possible or not possible within reasonable time, the buyer may claim replacement. • If the seller does not repair or replace within reasonable time, the buyer shall be entitled to cancel the contract for the part of the order which is defective by giving notice to the seller in writing. The buyer is not entitled to cancel the contract for any previous or future orders to be delivered. In addition to the above-mentioned remedies the buyer shall be entitled to claim damages, however only to the effect that in all circumstances the seller’s liability is limited in regard to amount to the effect that damages can never exceed the price according to invoice for the part of the order which is defective. No other remedies for breach are available to the buyer. The seller assumes no liability for consequential damage or loss, including but not limited to costs pertaining to scaffolding, disassembly, installment and waiting time. The seller assumes no liability for business interruption, loss of profits, loss of time, loss of goodwill or any other indirect and/or non-financial losses. The buyer cannot rely on the remedies if after delivery the products have not been stored or used correctly and in a customary manner and in accordance with user manuals, catalogues and brochures supplied in connection with the order. The seller assumes no liability for damage to the products caused by the buyer’s faulty and inappropriate storage, use or maintenance of the products. Any liability for defects expires 5 years after hand- over of the building project in which the products form part of. When the products have been delivered to stock or for resale, liability, however, expires no later than 6 years after delivery. If it is established that a...
Liability for defects. 6.1. Where the Product deviates from the specification agreed upon between the parties, it shall be deemed defective unless the deviation is immaterial to the intended use. The Supplier shall be liable for defects due to deficiencies in design, materials or manufacture.
Liability for defects. 7.1 Claims for defects of the customer shall require that it has orderly executed its investigation and complaint obligations.
Liability for defects. The Seller shall be liable for defects and legal imperfections in title to the exclusion of further claims – subject to Section 8 – as follows:
