Claims Based on Defects. 9.1. The provisions of statute relating to defects as to quality and defects of title apply except insofar as not otherwise provided herein below.
9.2. We have the right to select the type of supplementary performance. Place of the performance shall be the intended location of the product. This is the place where the Product is located at the time of the claim based on defects. The supplier may refuse the type of supplementary performance we selected if it is only possible at disproportionate expense.
9.3. In the event that the supplier does not commence rectifying the defect after our request to remedy it, in urgent cases, after a reasonably short period of time for remedy, especially to xxxx off acute danger or to prevent greater damage, we are entitled to undertake such rectification ourselves or to have it undertaken by a third party at the expense of the supplier.
9.4. The supplier shall also hold us harmless from any claims by third parties based on the violation of third-party rights by the product, unless the supplier can prove that itis not accountable for the violation. Additionally, the supplier shall, upon request, immediately provide us with the information and documents on his services required for the defense against such third-party claims.
9.5. The limitation period for indemnity claims is 3 years. The limitation period for indemnity claims begins at the end of the year in which the claim arose and we became aware of the circumstances justifying the claim and of the debtor’s person or should have become aware of them without gross negligence. Any longer statutory limitation periods shall take precedence. This also applies to the aforementioned additional claim to information and documents.
9.6. The limitation period for l defect as to quality claims is 3 years – except in cases of fraudulent misrepresentation – unless the product has been used in a building construction in accordance with its customary use and caused the defectiveness thereof. The limitation period commences when the product is delivered (passing of risk). Any longer statutory limitation periods shall take precedence.
9.7. For claims based on defects of title, the provisions of 9.5 (limitation period for indemnity claims) shall apply accordingly. Any longer statutory limitation periods shall take precedence.
9.8. If the supplier performs its obligation to effect supplementary performance by supplying a substitute product, the statute of limitations of the goods delivered i...
Claims Based on Defects. 对瑕疵或缺陷产品的索赔
9.1 The provisions of statute relating to defects as to quality and defects of title apply except insofar as otherwise provided hereinbelow. 除非下文另有规定，法律对质量瑕疵或缺陷和权利瑕疵的相关规定应当予以适用。
9.2 We have the right to select the type of supplementary performance. The supplier may refuse the type of supplementary performance we selected if it is only possible at disproportionate expense. 我方有权选择继续履行的方式。供应商有权拒绝我方选择的继续履行的方式，如果我方选择的方式导致供应商承担不合理的费用。
9.3 In the event that the supplier does not commence rectifying the defect immediately after our request to remedy it, in urgent cases, especially to ward off acute danger or to prevent greater damage, we are entitled to undertake such rectification ourselves or to have it undertaken by a third party at the expense of the supplier. 如果供应商没有在我方要求其修正瑕疵或缺陷后立刻开始修正该等瑕疵或缺陷，则在紧急情况下，尤其是为了避免濒临的风险或防止损失，我方有权自行或通过第三方修正该等瑕疵或缺陷，相关费用由供应商承担。
9.4 In case of defects of title, the supplier shall also hold us harmless from any third party claims possibly existing, unless the supplier is not accountable for the defect of title. 如存在权利瑕疵，供应商应使我方免受任何第三方可能存在的索赔，除非供应商对该权利瑕疵没有责任。
9.5 Except as otherwise expressly agreed, the warranty period for any defect of Products provided by the Supplier shall be no less than 3 years from the date of completion of provision and commission for Products. 除非另行约定，供应商对所供应的产品的任何瑕疵或缺陷的保修期不得低于 3 年，从产品供货及调试完成之日起算。
9.6 If the supplier performs its obligation to effect supplementary performance by Supplying a substitute product, the statute of limitations of the goods delivered in substitution shall start to run anew after delivery thereof unless, when effecting the supplementary performance, the supplier explicitly and appropriately made the reservation that the substitute delivery was effected purely as good will, to avoid disputes or in the interests of continuation of the delivery relationship. 如果供应商以更换产品的方式履行自己的继续履行合同义务，则替代交付的产品的保修期自交付日起重新计算，除非在实施继续履行时，供应商明确并适当作出以下保留，替代交付仅为保持声誉、避免纠纷或为了交货关系的持续。
9.7 Should we incur expenses as a result of the defective delivery of the Product, in particular transport, carriage, labor costs, assembly and disassembly costs, costs of material or costs of incoming goods control exceeding the normal scope of the control, such costs shall be borne by the supplier. 如我方因瑕疵或缺陷产品的交付而发生费用，尤其是交通费、运费、劳务成本、组装和拆装成本、材料成本或因对购进货物的控制高于正常控制范围而发生的成本，都应由供应商承担。
9.8 The supplier is accountable for the fault of its sub-suppliers as it is for its own fault. 供应商应当将其分包商的过错视为自身的过错并承担责任。
Claims Based on Defects. 9.1 The provisions of statute relating to defects as to quality and defects of title apply except insofar as otherwise provided hereinbelow. 9.2 We have the right to select the type of supplementary performance. Place of the performance shall be the intended location of the product. This is the place where the Product is located at the time of the claim based on defects. The supplier may refuse the type of supplementary performance we selected if it is only possible at disproportionate expense.
Claims Based on Defects. 1. Subsequent to the acceptance of the Service, XXXX’x liability for defects in the Service shall oblige XXXX to rectify such defects to the exclusion of any and all other claims of the Customer notwithstanding no. 8 and no. 9 and section X.
2. The rectification of defects shall neither include the removal of the defective Serviced Object nor its re-installation unless XXXX was originally obliged to install the Serviced Object.
3. The Customer shall promptly notify XXXX in writing if a defect is discovered. If the Customer fails to comply with this obligation, the Service shall be deemed approved.
4. XXXX shall not be liable if the defect is immaterial for the Customer’s interests or is due to a circumstance for which the Customer is responsible, including but not limited to parts supplied by the Customer.
5. Any modifications or repairs improperly made by the Customer or a third party without XXXX’x prior consent shall release XXXX from any liability for the consequences thereof. The Customer may only rectify defects itself or have the defect rectified by a third party and claim reimbursement from XXXX of the necessary expenses as provided for by the statutory regulations, in urgent cases of an operational safety hazard and/or in order to prevent a disproportionately high loss or damage, in which case XXXX shall be informed thereof immediately, or if XXXX – taking the statutory exceptions into account – has allowed a reasonable period set for the rectification of defects to lapse without effect.
6. In case of a justified complaint, XXXX shall bear the costs of the subsequent performance, including but not limited to the costs of transport, travelling, labour and material (not, however, the costs of removal and installation in the case described in section IX.2), unless this would create a disproportionately high burden to XXXX.
7. If the Customer demands rectification of a defect and that demand turns out to be unjustified, XXXX may claim reimbursement from the Customer of the costs incurred by XXXX as a result.
8. If XXXX – taking the statutory exceptions into account – allows an appropriate time that has been set for rectifying a defect to lapse without effect, the Customer shall have a right to reduce the price as provided for by the statutory regulations. The Customer shall only have a right to withdraw from the contract if the Customer can demonstrate that despite the price reduction, the Service is of no interest to it.
9. Any further claims shall b...
Claims Based on Defects. 8.1. An examination of the goods is conducted by us at incoming goods only to establish whether there is any obvious damage, in particular transport damage and discrepancies in terms of the identity or quantity of the delivery, except as otherwise agreed with you in a Quality Assurance Agreement. We will give notice of any defects found without undue delay after their discovery. To this extent the supplier waives the objection to delayed notification of defects.
8.2. The provisions of statute relating to defects as to quality and defects of title apply except insofar as otherwise provided hereinbelow.
8.3. In principle, we have the right to select the type of supplementary performance. The supplier may refuse the type of supplementary performance we selected if it is only possible at disproportionate expense.
8.4. In the event that the supplier does not commence rectifying
Claims Based on Defects. 8.1. An examination of the goods is conducted by us at incoming goods only to establish whether there is any obvious damage, in particular transport damage and discrepancies in terms of the identity or quantity of the delivery, except as otherwise agreed with you in a Quality Assurance Agreement. We will give notice of any defects found without undue delay after their discovery. To this extent the supplier waives the objection to delayed notification of defects.
8.2. The provisions of statute relating to defects as to quality and defects of title apply except insofar as otherwise provided hereinbelow.
8.3. In principle, we have the right to select the type of supplementary performance. The supplier may refuse the type of supplementary performance we selected if it is only possible at disproportionate expense.
8.4. In the event that the supplier does not commence rectifying the defect immediately after our request to remedy it, in urgent cases, especially to xxxx off acute danger or to prevent greater damage, we are entitled to undertake such rectification ourselves or to have it undertaken by a third party at the expense of the supplier.
Claims Based on Defects. Our warranty covers material defects and defects in title found in the delivery as follows, to the exclusion of further claims –subject to Section X–, provided that the purchasing party fulfils its payment obligations, in which case said party may retain a reasonable sum, to be specified by us, due to the existence of defects. Furthermore, the purchasing party must fulfil its requirement to make a complaint in regard to a defect immediately upon receipt of goods, pursuant to Sec. 377 of the German Commercial Code.
1. All parts that are defective as a result of a circumstance occurring before the transfer of risk shall be repaired free of charge or shall be replaced, free of charge, with an equivalent that is free of defects, whichever is chosen by us. The discovery of said defects must be notified to us immediately in writing. Any replaced parts will become our property.
2. Following an agreement with us, the purchasing party shall give us the necessary time and opportunity to perform all repairs and replacements that we deem necessary; otherwise, we shall be released from liability for any resulting consequences. The purchasing party shall have the right to fix the defect by itself or through third parties and to demand a reimbursement for the required expenses only in particularly urgent cases in which an inevitable operational safety hazard is posed or in order to xxxx off disproportionately large damages, in which case we must be notified immediately. The purchasing party shall carry the burden of proof of said necessity in this respect.
3. Out of the direct costs incurred as a result of the repairs or replacement, we will cover the costs for the replacement unit, provided that the complaint turns out to be legitimate.
4. Within the scope of the applicable legal regulations, the purchasing party shall be entitled to withdraw from the contract if we allow a reasonable period for repairs or for the provision of a replacement to elapse without performing said actions –under consideration of all legal exceptions–. In any case, we shall be entitled to at least a second attempt at remedying any material defects. If the only defect found is negligible, the purchasing party shall be entitled solely to a reduction in price. The right to a reduction in price is otherwise barred. Further claims shall be governed by Paragraph X.2. of these terms and conditions.
5. We assume no responsibility in the event of the following: Inappropriate or improper use; faulty asse...
Claims Based on Defects. 对缺陷产品的索赔和追索
8.1 Acceptance is effected subject to the reservation of an examination for faultlessness, in particular also including accuracy and completeness, insofar and as soon as this is pertinent in the ordinary course of business. We will give notice of any defects found immediately after their discovery. To this extent the Supplier waives the objection to delayed notification of defects. 在缺陷检验，尤其是对无误、完整性的检查以及正常的业务过程中有关的检查完成后，货物的接受产生效力。我方将在发现任何缺陷后立即发出通知。供应商放弃对延迟发出的缺陷通知提出异议的权利。
8.2 The provisions of statute relating to defects as to quality and defects of title apply except insofar as otherwise provided hereinbelow. 除非下文另有规定，法律对质量缺陷和权利缺陷的相关规定应当予以适用。 [采购通则—泰祥]
8.3 In principle we have the right to select the type of supplementary performance. The Supplier may refuse the type of supplementary performance we selected if it is only possible at disproportionate expense. 原则上，我方有权选择继续履行的方式。供应商有权拒绝我方选择的继续履行的方式，如果我方选择的方式导致供应商承担不合理的费用。
8.4 In the event that the Supplier does not commence rectifying the defect immediately after our request to remedy it, in urgent cases, especially to ward off acute danger or to prevent damage, we are entitled to undertake such rectification by ourselves or to have it undertaken by a third party at the expense of the Supplier. 如果供应商没有在我方要求其修正缺陷后立刻开始修正该等 缺陷，则在紧急情况下，尤其是为了避免濒临的风险或防止损失，我方有权自行或通过第三方修正该等缺陷，相关费用由供应商承担。
8.5 In case of defects of title, the Supplier shall also hold us harmless from any third party claims possibly existing, unless the Supplier is not accountable for the defect of title. 如存在权利缺陷，供应商应使我方免受任何第三方可能存在的索赔，除非供应商对该权利缺陷没有责任。
8.6 Except as otherwise expressly agreed, the warranty period for any defect of Products provided by the Supplier shall be no less than 3 years from the date of completion of provision and commission for Products. 除非另行约定，供应商对所供应的产品的任何缺陷的保修期不得低于 3 年，从产品供货及调试完成之日起算。
8.7 If the Supplier performs its obligation to effect supplementary performance by supplying a substitute product, the warranty period of the Products delivered in substitution shall start to run anew after delivery thereof unless, when effecting the supplementary performance, the Supplier explicitly and appropriately made the reservation that the substitute delivery was effected purely as good will, to avoid disputes or in the interests of continuation of the delivery relationship. 如果供应商以更换产品的方式履行自己的继续履行合同义务，则替代交付的产品的保修期自交付日起重新计算，除非在实施继续履行时，供应商明确并适当作出以下保留，替代交付仅为保持声誉、避免纠纷或为了交货关系的持 续。
8.8 Should we incur expenses as a result of the defe...
