CONTRACTUAL WARRANTY. The Seller is responsible for defects found in the Equipment at the time of delivery, any defects found between the delivery of the Equipment to the Purchaser and the beginning of the warranty period, and the defects found during the warranty period. The warranty period does not run for as long as the Purchaser cannot use the equipment due to defects for which the Seller is responsible. The Seller provides the Purchaser with a guarantee of quality and parameters of the Equipment that correspond to the subject matter and purpose of this Agreement for a period of 24 months. The warranty period begins to run on the day of signing of the acceptance protocol concerning the acceptance of fully functional, flawless Equipment, by the Purchaser. If the Equipment is accepted by the Purchaser with at least one defect or incompletion, the warranty period begins to run when the last defect has been removed out or outstanding work completed. The Purchaser is obliged to lodge its claims concerning defects detected in the Equipment ("Claim" or "Notification of Claim") in writing (by e-mail) with the Seller, without undue delay after they are detected. The Purchaser shall describe the defects in the claim and also state its requirements, including the term for the removal of the defects by the Seller; provided that the claim is legitimate, it is entitled to: if the defects are immaterial (Section 2107 CC), the Purchaser is entitled to the delivery of the missing Equipment, the removal of other defects in the Equipment, or a discount from the purchase price; if the defects are material (Section 2106 CC), the Purchaser is entitled to demand the removal of the defects by supplying a new flawless item or by supplying the missing item, to request the removal of defects by repairs of the Equipment, if the defects are repairable, to demand a reasonable discount from the purchase price, or to withdraw from the Agreement. The Seller is obliged to confirm to the Purchaser the receipt of the claim, within 5 working days after receiving it, in writing (by e-mail) and then initiate a "fault diagnosis" or initiate "defect removal", by having its service technician visit the place of performance within 5 business days from the confirmation of receipt of the claim, or within a term stipulated by an agreement of both parties. The Seller is required to assign to the Purchaser a qualified service technician authorized to carry out repairs to the delivered Equipment. If the service technician...
CONTRACTUAL WARRANTY. 35.1. Should the nature of the System/Solution mean that it cannot be returned according to the provisions of Article 15.9 of the present GTS, the expenses relating to the services of the staff required to repair the System/Solution on-site shall not be paid by the Buyer to the Seller, with the exception of travel and/or waiting time expenses and expenses incurred due to the Buyer’s failure to make the System/ Solution available for repair.
CONTRACTUAL WARRANTY. 36.1. Should the nature of the System / Solution mean that it cannot be returned according to the provisions of Article
CONTRACTUAL WARRANTY. 1. The Consultant shall be liable to the Employer under warranty for any and all defects in the Documentation and irregularities in the provision of the Services.
CONTRACTUAL WARRANTY. 1. The Purchaser is responsible for an incoming inspection to detect obvious defects e.g. by transport damage within 14 days after delivery. The Seller should be informed immediately.
CONTRACTUAL WARRANTY. 5.1 Supplier warrants that (a) the delivery of the Products and the supply of the Services under the Agreement shall comply with industry specifications and standards, and applicable laws and regulations (the "Applicable Rules") both in the country of manufacture and in the country of delivery, and that (b) the Products are (b1) in conformity with any specifications, drawings, samples and descriptions contained in the Agreement, and the Applicable Rules in connection with the performance of the Agreement; (b2) in conformity with the use for which they are normally intended; and (b3) fit for any use brought to Supplier’s attention by Xxxxxxxxx, whether expressly or impliedly.
CONTRACTUAL WARRANTY. Except for warranty or penalty clauses expressly agreed when the order is accepted, the Seller's warranty is granted under the following conditions: • the Buyer has a contractual warranty of two years from the date of receipt of the boat, valid from the minutes of the handover. • It is limited, at the choice of the builder, to the free replacement or repair of any parts which are acknowledged to be defective by the builder's technical department, without any compensation. • For those organs and accessories which clearly bear the brand of another supplier, the warranty is limited to the warranty offered by this supplier. • It is specified that any handling, transport, parking or conveyance costs incurred in carrying out these operations remain solely at the expense of the purchaser-user, except where the XXXXXX yard offers to waive this in part or whole. • Excluded from the builder's contractual warranty: - the costs of transporting the boat and part as well as their consequences, as well as the costs and/or any subsequent damage resulting from the impossibility of using the boat and/or the equipment; - normal wear and tear - cracks, cracking, or discolouration of the gelcoat; - damage resulting from: o unforeseeable circumstances or force majeure; o changes and modifications, or repairs, even partial, carried out outside of workshops authorised by the manufacturer; o failure to observe the maintenance recommendations specified in the owner's manual issued with the boat; o poor use, particularly negligent, reckless, abusive or abnormal use; o participation in competitions; o negligence as regards taking precautionary measures which are required; o inadequate storage or transport conditions. To take advantage of the builder's contractual warranty, the purchaser-user must submit the boat's duly filled-in delivery certificate and the warranty document whenever they request to use it and, under penalty of foreclosure, notify the dealer-seller in writing about the defect in a precise and reasonable manner within fifteen days of discovery.
CONTRACTUAL WARRANTY. Referring to the article 4.2 of the Import and Distribution Agreement signed on the following is agreed:
CONTRACTUAL WARRANTY. STREAMCORE warrants that the software shall conform to the functionalities described in its documentation or the details provided in the Purchase Order or special terms and conditions for a period of six
CONTRACTUAL WARRANTY. Supplier warrants to EBRAINS that: that it will deliver or perform Object: (i) with due care, skill, and diligence; (ii) in a professional and workmanlike manner; (iii) in accordance with generally accepted industry standards and practices; (iv) in conformity with the descriptions and specifications made known to the Supplier or as provided in the Agreement where applicable; and (v) free of the rightful claim of third parties by way of infringement, conflict of interest, or the like. In addition, Supplier warrants that the Object will be merchantable and free from defects in design, workmanship and fit for the purpose described in the Scope.
