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. 1. The Supplier guarantees that the newly produced products are free from defects in material and workmanship at the time of transfer of risks and furthermore exhibit the condition agreed upon in order confirmation. 2. The Buyer shall only have the right to claim for defects where he has properly fulfilled his inspection and notification obligations pursuant to Art. 377 German Commercial Code (HGB). 3. The period of limitation for any claims and rights due to defects is 12 months. This period starts with the notification of readiness for delivery. 4. Any exclusion of deviations customary in the industry shall require an explicit written agreement. The same applies to guarantees. Information provided by the Supplier in catalogues, brochures and price lists concerning the products and services to be supplied shall only represent descriptions, designations or approximate values, unless different information is provided in the order confirmation. Products which display minor or insignificant differences when compared with information provided in catalogues or previously supplied goods shall not be considered to be defective. 5. The Buyer shall have sole responsibility for determining whether the goods that he has ordered from the Supplier are suitable for his intended purpose. Unsuitable products shall only be deemed to be defective if the Supplier has confirmed in writing to the Buyer that they are suitable for the intended purpose. 6. The wear and tear of working parts within the scope of usual use shall not constitute defect. 7. If the Supplier’s assembly, installation, distribution or maintenance instructions are not complied with, modifications are carried out on the products or components are exchanged or consumables used, which do not comply with the original specifications, deficiency claims shall only exist if the Buyer can prove that the defect was not caused by this, but already existed at the time of passing the risk. 8. The Buyer has to give the Supplier the necessary time and opportunity to carry out all repairs and replacement deliveries which seem to be essential according to equitable discretion, regarding the agreement with the Supplier; otherwise the Supplier is exempt from the liability from defects. Only in urgent cases that endanger the operational safety, of which the Supplier needs to be informed immediately, or when the Supplier is in delay with rectifying the defects does the Buyer have the right to rectify the defect himself or have ...

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. 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...

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 xxxxx://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 attributabl...

Claims for defects. For material defects and defects of title, the Supplier provides the following guarantees, with the exclusion of further claims (subject to section VII): 1. All such parts which prove defective due to circumstances prior to the passage of risk shall at the Supplier’s discretion be repaired or replaced with faultless parts, free of charge. The Supplier must be promptly notified in writing, if any such defects are ascertained. Replaced parts pass into the ownership of the Supplier. 2. Upon consultation of the Supplier, the Client must grant the Supplier the time and opportunity for all such repair work and supplementary performance as the Supplier deems necessary; otherwise, the Supplier is relieved from liability for the ensuing consequences. Only in urgent cases of imminent danger to operational safety or in order to prevent incommensurate damage is the Client entitled to remove the defect by itself or commission a third party with its removal and to demand compensation of its costs from the Supplier; in such cases, the Client must promptly notify the Supplier. 3. Of the immediate costs incurred as a consequence of the repair work or the supplementary performance, the Supplier bears the costs for the replaced parts and the costs of shipment, provided that the complaint proves justified. Further, the Supplier shall bear the cost of disassembly and installation and the costs for commissioning the necessary fitters and unskilled assistances including travel expenses, unless such compensation of costs would bring about an incommensurate burden for the Supplier. 4. Within the statutory limits, the Client may withdraw from the contract, if the Supplier fails to perform within a commensurate respite which it was granted for repair or supplementary performance, subject to statutory exemptions. If the defect is of an immaterial nature, then the Client is merely entitled to a discount. For the rest, any claims for a reduction of the contractual price are hereby excluded. Further claims are governed by section VII.2 hereof. 5. No guarantee is provided, in particular, in the following cases: Improper or unqualified usage; faulty assembly or commission by the Client or by third parties; natural wear and tear; faulty or negligent treatment; improper maintenance; unsuitable fuels; defective construction work; unsuitable substrate; chemical, electro-chemical, or electrical influences unless the Supplier is responsible for them. 6. In the event that the Client or a third p...

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...