Common use of Claims due to defects Clause in Contracts

Claims due to defects. 12.1 Telekom shall guarantee the functionality of the services under this agreement with the features named in the Service Specifications for the term of the agreement. 12.2 If services are defective, Telekom shall restore their condition as per the agreement either by providing the services again or rectifying the services in accordance with the provisions set forth in the rele- vant Service Specifications. 12.3 In the event of reduced functionality, the customer may demand from Telekom, where applicable, reimbursement of the charges subsequently set forth in the Service Specifications. 12.4 Information on properties of the services, technical data, and spec- ifications in the contractual documents is intended solely to de- scribe the service in question. It is not to be understood as a guar- xxxxx (or a guaranteed feature) within the meaning of the German Civil Code (Bürgerliches Gesetzbuch – BGB). Telekom shall make no guarantees. 12.5 Any claims due to defects under this agreement shall expire one year from the start of the statutory warranty period. 12.6 In all other cases, possible claims of the customer shall be excluded. Liability for compensation under the requirements and within the scope of this agreement shall remain unaffected.

Appears in 3 contracts

Samples: General Terms and Conditions for It Services, It Services Agreement, It Services Agreement

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Claims due to defects. 12.1 Telekom shall guarantee the functionality of the services under this agreement with the features named in the Service Specifications for the term of the agreement. 12.2 If services are defective, Telekom shall Telekomshall restore their condition as per the agreement either by providing the services again or rectifying the services in accordance with the provisions set forth in the rele- vant Service Specifications. 12.3 In the event of reduced functionality, the customer may demand from Telekom, where applicable, reimbursement of the charges subsequently set forth in the Service Specifications. 12.4 Information on properties of the services, technical data, and spec- ifications in the contractual documents is intended solely to de- scribe the service in question. It is not to be understood as a guar- xxxxx (or a guaranteed feature) within the meaning of the German Civil Code (Bürgerliches Gesetzbuch – BGB). Telekom shall make no guarantees. 12.5 Any claims due to defects under this agreement shall expire one year two years from the start of the statutory warranty period. 12.6 In all other cases, possible claims of the customer shall be excluded. Liability for compensation under the requirements and within the scope of this agreement shall remain unaffected.

Appears in 1 contract

Samples: General Terms and Conditions for It Services

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