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 12 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. 36.1. Should the nature of the System / Solution mean that it cannot be returned according to the provisions of Article
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.
35.2. The duration of the warranty is twelve (12) months as of issuance of the acceptance certificate, or eighteen
35.3. Any part or component changed or repaired in the context of the contractual warranty will itself benefit from three (3) months’ warranty but shall not cause the duration of the warranty of the overall System/Solution to be extended.
35.4. Should the Seller incorporate devices or appliances or subsets which it does not manufacture into the System / Solution, the relevant scope and term of the warranty shall be those granted by their manufacturer or seller.
35.5. The warranty referred to in Article 15 hereinabove does not apply to malfunctioning of the System / Solution owing to materials or components supplied or imposed by the Buyer, or to a design imposed by the Buyer.
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.
5.2 Supplier warrants that (a) the Products shall be delivered with all the instructions, recommendations and other information which are required for their proper use and in accordance with proper safety conditions, and (b) the Services shall be supplied in a professional manner, efficiently and promptly, in accordance with the strictest standards of care and applicable trade practices and, where applicable, in accordance with any understanding between the parties concerning the applicable quality criteria. No limitation or exclusion of liability is accepted by Purchaser.
5.3 The Products and Services which do not satisfy all of the requirements set forth in Clauses 5.1 to 5.2 above shall be deemed defective (a "Defect"). Purchaser shall not be deemed to have waived its rights even if Purchaser has (i) accepted a delivery of Products or Services including any Defect, or (ii) settled invoices.
5.4 To the extent permitted by law, this warranty is extended for a term of 12 months from the date on which the conditions below are satisfied: the Products are delivered and, where applicable, the Services are supplied, by Supplier and accepted by Purchaser (the "Warranty Period").
5.5 In the event that Purchaser is informed of any Defect during the Warranty Period, without limiting any other right available to Purchaser, Purchaser shall be entitled, at Supplier’s expense and risk, but at Purchaser’s discretion, to require Supplier: (a) with regard to the Products, (a1) to repair or replace any defective Product with a new or reconditioned product which satisfies the requirements imposed by this warranty, as soon as possible (and in any event within a period of 5 business days, or sooner if the urgency of the circumstances requires it); (a2) to keep the defective Product, with a reasonable redu...
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 (6) month following the date of delivery. STREAMCORE also warrants for the same six (6) month period that there shall be no material defects in the media on which the software is delivered. STREAMCORE's warranty is exclusively limited to repair or replacement of the software or media concerned. Any claim by Licensee under this warranty clause shall be provided in advance to STREAMCORE in written form. This warranty is for corrective maintenance limited to correcting any defects in the software's operation. It is granted for a limited time period, and is exclusive of all other warranties. IT SHALL NOT APPLY IN THE CASE OF (I) MISUSE OF THE SOFTWARE BY LICENSEE, (II) ANY USE THAT IS NOT IN ACCORDANCE WITH THIS AGREEMENT OR (III) IN CASE OF EVALUATION SOFTWARE.
CONTRACTUAL WARRANTY. 34.1. 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 invoiced to the Buyer by 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.
34.2. The duration of the warranty is twelve (12) months as of issuance of the Provisional Acceptance Certificate, or eighteen (18) months from the date of notification of readiness for shipment of the last equipment / component of the System / Solution, whichever occurs first.
34.3. Any Part or component changed, repaired or replaced in the context of the contractual warranty will itself benefit from 3 months’ warranty but shall not cause the duration of the warranty of the overall System / Solution to be extended.
34.4. Should the Seller incorporate devices or appliances or subsets which it does not manufacture into the System / Solution, the relevant scope and term of the warranty shall be those granted by their manufacturer or seller.
34.5. The warranty referred to in Article 15 hereinabove does not apply to malfunctioning of the System / Solution owing to materials or components supplied or imposed by the Buyer, or to a design imposed by the Buyer.
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 invoiced to the Buyer by 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.
35.2. The duration of the warranty is twelve (12) months as of issuance of the provisional acceptance certificate, or eighteen
35.3. Any part or component changed or repaired in the context of the contractual warranty will itself benefit from 3 months’ warranty but shall not cause the duration of the warranty of the overall System / Solution to be extended.
35.4. Should the Seller incorporate devices or appliances or subsets which it does not manufacture into the System / Solution, the relevant scope and term of the warranty shall be those granted by their manufacturer or seller.
CONTRACTUAL WARRANTY. 36.1. 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 invoiced to the Buyer by 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.
36.2. The duration of the warranty is twelve (12) months as of issuance of the provisional acceptance certificate, or eighteen (18) months from the date of notification of readiness for shipment of the last equipment / component of the System / Solution, whichever occurs first.
36.3. Any part or component changed or repaired in the context of the contractual warranty will itself benefit from 3 months’ warranty but shall not cause the duration of the warranty of the overall System / Solution to be extended.
36.4. Should the Seller incorporate devices or appliances or subsets which it does not manufacture into the System / Solution, the relevant scope and term of the warranty shall be those granted by their manufacturer or seller.
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:
