Claims for defects Sample Clauses

Claims for defects. 1. In the event of defective service by the Contractor, the Principal shall grant the Contractor opportunity to supplementary performance, at least twice, within appropriate grace periods, unless this is unreasonable in each individual case or unless special circumstances justify the Principal's immediate withdrawal in consideration of mutual interests. The Contractor may rectify the defect at its own choice or provide the service once more without defect. If supplementary performance is unsuccessful, the Principal is authorized to reduce remuneration or to withdraw from the Agreement; claims for compensation for damage exist only pursuant to Sec. X. No claims for compensation for damage and withdrawal exist if the deviation from the contractual condition is insignificant. 2. The Principal shall inform the Contractor immediately - no later than two weeks after acceptance - in writing of any obvious defects. The Principal shall inform the Contractor of any hidden defects in writing no later than within two weeks after discovery of such. Otherwise the assertion of warranty claims is excluded. This does not apply if the Principal is a Consumer.

Claims for defects. 1. The risk of accidental loss is transferred to the customer with notification of the operational readiness by IPRO. 2. The defect rights of the customer require that the delivered products be checked immediately after delivery, where reasonable also with test use, and IPRO be immediately informed of open defects in writing, no later than two weeks after delivery of the products. IPRO must be notified in writing of any hidden defects immediately after their discovery. The customer must describe the defect in writing in their notification to IPRO. The claims for defects of the customer also require that, in installation, commissioning, operation and maintenance of the products the instructions, notes, directives and conditions are upheld in the technical notes and operating instructions and other documents of the products. 3. In the event of defects of the products, IPRO is entitled to rectification by elimination of the defect or delivery of a defect-free product at its own discretion. In the event of rectification, IPRO is obligated to bear all costs required for the purpose of rectification, particularly transportation, road, working and material costs, provided that these are not increased by the products being moved to a site other than the delivery address. Personnel and material costs that the customer claims in this context are to be calculated on a cost price basis. Replaced parts become the property of IPRO and are to be returned to IPRO. 4. If IPRO is not ready or in a position for rectification, the customer can choose to withdraw from the contract or reduce the delivery price without affecting any claims for compensation for damage or use. The same applies if the rectification fails, is unreasonable to the customer or is delayed beyond appropriate deadlines for reasons that IPRO has given. 5. If programmes are used on computers that were not purchased by IPRO, the guarantee does not cover such errors that are a result of the missing compatibility to the hardware recommended by IPRO. 6. If in an attempted improvement it transpires that there is an operation or compatibility error, IPRO can demand remuneration according to its usual rates for the amount of work provided, including travel and incidental costs. 7. The liability for defects does not comprise the guarantee for use or its success. Otherwise, this provision conclusively provides for the responsibility for defects rights. 8. The limitation period for the claims for defects of the custo...

Claims for defects. If Vector is obliged to remedy a Defect or deliver a Product free of Defects, Vector may comply with this obligation by replacing a defective Product with a newer Version of the Product, provided that the newer Version has a functionality which is the same as or higher than the functionality agreed in the License Contract.

Claims for defects. 37.1 The Contractor shall provide warranty for defects in the Software in accordance with the provisions of this Section 37. 37.2 The quality of the Software is exclusively and conclusively determined by the program description on the Contractor’s website at xxx.xxxx-xxxxx.xx. The Contractor does not provide any warranty for the quality, durability, or any other guarantees with respect to the Software, unless expressly and in writing designated as such in the individual contract. 37.3 A defect for which the Contractor is liable does not exist if the error is based on the use of hardware and environment software that does not meet the system requirements described on the Contractor’s website (xxxxx://xxxxxxxxxxx.xxxxxxxx.xx/portal/en/kb/aqua- wiki-en/installation/system-requirements). Rights for defects also do not exist for defects resulting from program changes that have not been made, authorized, or approved by the Contractor. If the Client installs the Software themselves, no rights for defects arising from installation-related errors incurred during or after installation shall exist, unless the error is based on faulty installation instructions provided by the Contractor. 37.4 The Contractor shall remedy material and legal defects upon timely and justified notification of defects by the Client. The Contractor is entitled to remedy the defect at its own discretion through rectification or replacement. In particular, the Contractor is entitled to provide defect rectification by delivering new program packages (patches, updates) that no longer contain the errors reported by the Client. The Client shall install such program packages themselves, if reasonable. If this is not the case, the Contractor shall carry out the installation via remote access. In that case, the Client shall grant the Contractor the necessary remote access to the installation environment of the Software. The Contractor is also entitled to provide on-site rectification at the Client’s premises. If reasonable for the Client, the Contractor may provide a workaround solution for the purpose of rectification until the defect is finally resolved. In the event of a legal defect, the Contractor shall, at its discretion, either provide a legally non-defective usability of the Software or modify the Software in such a way that third-party rights are no longer infringed. 37.5 If a defect is not successfully remedied within a reasonable period of time set by the Client for reasons attributable to...

Claims for defects. 1. In the event Principal believes Contractor’s work is materially defective, the Principal shall grant the Contractor opportunity to supplementary performance, at least twice, within appropriate grace periods, unless this is unreasonable in each individual case or unless special circumstances justify the Principal's immediate withdrawal in consideration of mutual interests. The Contractor may rectify the defect at its own choice or provide the service once more without defect. Principal’s sole remedy is to receive corrective work from Contractor. 2. The Principal shall inform the Contractor immediately - no later than 14 days after receipt - in writing of any defects in Contractor’s work. If Principal fails to notify Contractor of any defects within 14 days of receipt, Principal waives all claims of defective work.

Claims for defects. (1) The Licensor warrants that the Software corresponds to the product description in the License Agreement. Technical data, specifications and performance data in public statements, particularly in adverts, are not quality specifications. (2) If the Software shows defects, the Licensee can request that the Licensor rectify the defect within a suitable period of time. If the defect does not affect or only in- significantly affects the functionality of the Software, the Licensor is entitled to rectify the defect, to the exclusion of other warranty rights, by providing a new program version or a further development of the Software as part of its general version planning. (3) As part of rectifying the defect, measures may be performed remotely by tele- phone, e-mail or via remote access at the Licensor’s request. The Licensee shall grant TRUMPF access to its system and the Software installed on it to provide the contractual services to rectify the error in the necessary scope. This includes the option of accessing the Software by remote maintenance (such as by VPN). The Licensee is obliged to establish the necessary technical requirements for re- xxxx access at TRUMPF’s request. (4) The Licensor can refuse to perform the improvement until the Licensee has paid the Licensor the agreed remuneration less an amount that equates to the eco- nomic value of the defect. The Licensor is also entitled to refuse the warranty if the Licensee has not given notice of the defects giving an understandable de- scription of the error symptoms in writing and, if possible, by submitting drawings, screenshots or other documents that illustrate the defects to be prepared in writ- ing immediately after the defect is identified and/or does not give TRUMPF re- xxxx access according to paragraph (3). (5) The Licensee shall submit to TRUMPF the name of a qualified employee as the main contact partner, who will adequately support TRUMPF when rectifying de- fects and make or immediately obtain all decisions relating to the provision of ser- vices by TRUMPF or acts of participation by the Licensee. (6) The Licensor shall ensure that the Software is free of third-party rights that would prevent the contractual use by the Licensee. (7) If there are defects of title, the Licensor is entitled to choose either itself or TRUMPF a) to perform suitable measures that remove the third-party rights or their as- sertion preventing the contractual use of the Software or b) to change or replace the Sof...

Claims for defects. 1. Unless otherwise specified below, the Customer's rights in the case of defects in quality and title (including wrong and deficient delivery, improper installation or deficient installation instructions) shall be governed by the statutory regulations. In all cases, the special statutory regulations in the event of final delivery of the goods to a consumer remain unaffected (supplier recourse pursuant to Sections 478, 479 of the German Civil Code (BGB)). For quality deviations, a tolerance of +/- 15 percent is accepted. 2. The liability for defects shall be based especially on the agreement made concerning the properties of the goods (specification, quality, quantity). All product descriptions that constitute the subject matter of the individual contract shall be deemed to be an agreement concerning the properties of the goods; in this context, it does not matter whether the product description originates from the Customer, from the manufacturer of from LSV. 3. If the properties have not been agreed, it shall be determined on the basis of the statutory regulation whether or not a defect is on hand (Section 434 (1) sentences 2 and 3 of the German Civil Code (BGB)). However, LSV does not accept any liability for public statements of the manufacturer or of other third parties (e.g. advertising statements) that the Customer did not refer to as being relevant to his purchase decision. 4. In the case of goods sold as downgraded material (e.g. II a material), the Customer shall not have any claims for defects with regard to the specified faults and other faults he must typically expect. 5. Any guarantee or assurance of certain properties of the goods by LSV is subject to an express agreement between the Customer and LSV. 6. For the Customer to be able to assert claims for defects, he must have complied with his statutory inspection and reporting obligations (Sections 377, 381 of the German Commercial Code (HGB)). If a defect is discovered in the course of the inspection or later on, the Customer shall without delay report such to LSV in writing. Irrespective of this inspection and reporting obligation, the Customer shall report any obvious defects (including wrong or deficient delivery) in writing within one week of the delivery. To comply with this period, it is sufficient to despatch the report in due time. If the Customer fails to duly inspect the goods and/or report defects, LSV shall not be liable for the defect that has not been reported. 7. If the deliver...

Claims for defects. 43.1 The contractor guarantees that the server software will meet the agreed-upon quality as per this contract, including the attachments, and in particular, the availability as promised in Attachment SLA (Service Level Agreement) will be maintained during the term of this contract. 43.2 Only the provisions of this section 43.2 shall apply in case of a shortfall in the promised availability. In the event of a shortfall in the promised availability, the client is entitled to reduce the compensation by the percentages specified in section 2 of Attachment SLA (Service Level Agreement). 43.3 The contractor shall be liable for defects in the services provided under the contract that do not affect the availability (“other defects”) in accordance with sections 43.4 to 43.8. 43.4 The contractor is obligated to rectify other defects within a reasonable period of time after receiving a defect notice. In general, only reproducible defects can be rectified. Warranty claims for defects in third-party software licensed by the contractor for use by the client are excluded, unless rectification can be provided through the procurement and installation of generally available upgrades, updates, and service packs, or through service calls. 43.5 If a defect is not successfully rectified within a reasonable period of time set by the client for reasons attributable to the contractor, the client may reduce the agreed-upon compensation by a reasonable amount. The right to reduce compensation is limited in amount to the monthly compensation attributable to the defective part of the service. 43.6 The client shall cooperate free of charge in rectifying other defects and shall, in particular, provide all necessary documents, data, etc. that the contractor requires for analysis and rectification of the defects. 43.7 The client is obligated to promptly report all defects in the software as well as any disruptions occurring during its use, as described in section 3 of Attachment SLA. If the failure of the client to cooperate in a timely manner makes it impossible for the contractor to fulfill its performance obligations, the contractor shall be released from its duty to perform. 43.8 The right to rescind the contract for ongoing use of the software due to defects is excluded. The right to terminate for cause shall remain unaffected by this provision.

Claims for defects. 9.1 If the delivery item is defective, the Customer shall have the following rights: a) Gallus undertakes to ensure supplementary performance, either remedying the defect or delivering non-defective supplies as it chooses. Parts replaced shall become the property of Gallus. b) If supplementary performance fails, the Customer shall be entitled to terminate the contract or reduce the purchase price. Termination shall not be permitted if Xxxxxx has only committed a minor violation of obligations. c) The Customer must allow the necessary time and opportunity for Gallus to undertake all improvements it feels are necessary and make replacement deliveries. Otherwise, Gallus shall be released from any liability for the consequences. If, for operational reasons, the Customer wants Gallus to send out an emergency service engineer or perform work outside normal working hours, it must pay the associated additional costs incurred by Gallus (e.g. overtime premiums, longer journeys). d) The period of limitation for claims relating to defects shall be one year from delivery. The Customer must notify Gallus of any defects promptly. 9.2 Claims for defects shall not be permitted: a) For used plant or other used items, unless liability for defects is expressly agreed. b) For wear and tear to materials and parts which, due to their nature, are subject to unavoidable and normal wear and tear; liability for defects does not include this. c) If the Customer operates the delivery item in functional conjunction with hardware or software components already present or obtained from third parties, insofar as the fault is caused by these components or their lack of compatibility with the Gallus delivery item. Any guarantee provided by Gallus of compatibility with third-party products shall only apply to the current version at the time this guarantee was provided and not to older or future versions of this product (software upgrades, service releases or software updates). d) If and insofar as a fault is due to the Customer’s failure to ensure compliance with basic technical conditions specified in the documentation and supporting documents. e) If and insofar as a fault is due to the Customer’s failure to carry out maintenance work as detailed in the operating manuals or to have this work carried out. f) The Customer must pay for the service callouts required to remedy the faults referred to in Clauses a) to e) in accordance with the relevant service conditions applied by Gallus and at t...

Claims for defects. For defects of any type whatsoever in the delivery and excluding further claims -under reserve of Section VII- IBT GmbH warrants as follows: 1. Those parts, which prove as a result of a factor existing before the transfer of risk to be defective, shall be repaired or replaced with parts free of defects at the choice of IBT GmbH free of charge. The assessment of such defects must be notified in writing without delay by the customer to IBT GmbH. Replaced parts shall become the property of IBT GmbH. 2. After agreement with IBT the customer must give the required time and opportunity for IBT GmbH to carry out all the repairs which appear necessary; otherwise IBT GmbH shall be released from liability for the consequences arising therefrom. Only in urgent cases where operating safety is endangered or to prevent disproportionately major damage, in which cases IBT GmbH must immediately be notified, does the customer have the right to remedy the defect himself or to have it remedied by a third party and to demand from IBT GmbH compensation for the expenses incurred. 3. Of the costs arising directly from the repair or delivery of a replacement - insofar as the complaint proves justified – IBT GmbH shall bear the costs of the replacement item including despatch costs. They shall also bear the costs of the dis-assembly and installation as well as the costs of any provision of personnel which may be necessary including transport costs, unless this places a disproportionate burden on IBT GmbH. 4. The customer shall have the right under the provisions of the law to withdraw from the contract, where IBT GmbH, with due regard to the statutory exceptions, allows to elapse a reasonable deadline, which has been set for them, for the subsequent improvement or replacement of an item by reason of a material defect. If the issue concerns an insignificant defect only, the customer is entitled only to a reduction in the contractual price. The right to a reduction in the contractual price remains excluded in all other cases. Further claims shall be determined in accordance with Section VII.2 of these Conditions. 5. No warranty is accepted in particular in the following cases: Unsuitable or inappropriate use, defective assembly or commissioning by the customer or a third party, normal wear and tear, defective or negligent handling, maintenance not carried out in proper form, unsuitable operational materials, defective construction works, unsuitable subsoil, chemical, electro-chemical...