Common use of CONTRACTUAL WARRANTY Clause in Contracts

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 fails to remove the claimed defect during his visit, the Seller undertakes to investigate the claim, notify the Purchaser whether it acknowledges the claim, and agree on the deadline for remedying the defect, only in writing, within 5 business days of receipt of the claim. If, during this period, the Seller fails to deliver a written statement to the Purchaser about the claimed defect, the Seller is deemed to have acknowledged the claim in its entirety. Even claims submitted by the Purchaser on the last day of the warranty period are deemed to have been lodged in time. The Seller is obliged to remove any defects claimed, which it has acknowledged or not responded to, in accordance with paragraph 4.3. of this Article, at the place of performance, no later than 30 business days from the date of the delivery of the notice of claim, free of charge. The manner by which the claim is resolved shall be determined by the Purchaser. The warranty period is automatically extended by the number of days elapsed from the report of the defect to the signature of the defect removal protocol. The Seller undertakes not to charge travel or other costs associated with the claim during the warranty period. In addition, it undertakes to provide basic diagnoses of failures by telephone or e-mail, and any verification of solutions with the Purchaser by phone or e-mail will be provided free of charge. The technical support provided to the Purchaser by phone or e‑mail will also be provided free of charge. If the Seller fails to remedy the defects claimed within the period referred to in this Article, or if it notifies before the expiry of the period that it shall not remove the defects, the Purchaser shall be entitled to assign the repair to a third party. In this case, the Purchaser may claim from the Seller payment of the amount the Purchaser pays to the third party as a result of proceeding thus. The Purchaser's claim to a contractual penalty from the Seller shall not be extinguished in this case. The rights and obligations arising from the warranty do not expire, either in respect of the Purchaser of Equipment subject to transfer or in the case of the withdrawal of one of the parties from the Agreement. Claims for liability for defects do not prejudice claims for damages or contractual penalties.

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 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 fails to remove the claimed defect during his visit, the Seller undertakes to investigate the claim, notify the Purchaser whether it acknowledges the claim, and agree on the deadline for remedying the defect, only in writing, within 5 business days of receipt of the claim. If, during this period, the Seller fails to deliver a written statement to the Purchaser about the claimed defect, the Seller is deemed to have acknowledged the claim in its entirety. Even claims submitted by the Purchaser on the last day of the warranty period are deemed to have been lodged in time. The Seller is obliged to remove any defects claimed, which it has acknowledged or not responded to, in accordance with paragraph 4.3. of this Article, at the place of performance, no later than 30 business days from the date of the delivery of the notice of claim, free of charge. The manner by which the claim is resolved shall be determined by the Purchaser. The warranty period is automatically extended by the number of days elapsed from the report of the defect to the signature of the defect removal protocol. The Seller undertakes not to charge travel or other costs associated with the claim during the warranty period. In addition, it undertakes to provide basic diagnoses of failures by telephone or e-mail, and any verification of solutions with the Purchaser by phone or e-mail will be provided free of charge. The technical support provided to the Purchaser by phone or e‑mail will also be provided free of charge. If the Seller fails to remedy the defects claimed within the period referred to in this Article, or if it notifies before the expiry of the period that it shall not remove the defects, the Purchaser shall be entitled to assign the repair to a third party. In this case, the Purchaser may claim from the Seller payment of the amount the Purchaser pays to the third party as a result of proceeding thus. The Purchaser's claim to a contractual penalty from the Seller shall not be extinguished in this case. The rights and obligations arising from the warranty do not expire, either in respect of the Purchaser of Equipment subject to transfer or in the case of the withdrawal of one of the parties from the Agreement. Claims for liability for defects do not prejudice claims for damages or contractual penalties.

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 monthsmonths (full warranty) and additional 36 months (extended warranty) as it is stated in Appendix no. 1 to this Agreement. 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 24 hours 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 fails to remove the claimed defect during his visit, the Seller undertakes to investigate the claim, notify the Purchaser whether it acknowledges the claim, and agree on the deadline for remedying the defect, only in writing, within 5 business days of receipt of the claim. If, during this period, the Seller fails to deliver a written statement to the Purchaser about the claimed defect, the Seller is deemed to have acknowledged the claim in its entirety. Even claims submitted by the Purchaser on the last day of the warranty period are deemed to have been lodged in time. The Seller is obliged to remove any defects claimed, which it has acknowledged or not responded to, in accordance with paragraph 4.3. of this Article, at the place of performance, no later than 30 business days from the date of the delivery of the notice of claim, free of charge. The manner by which the claim is resolved shall be determined by the Purchaser. The warranty period is automatically extended by the number of days elapsed from the report of the defect to the signature of the defect removal protocol. The Seller undertakes not to charge travel or other costs associated with the claim during the warranty period. In addition, it undertakes to provide basic diagnoses of failures by telephone or e-mail, and any verification of solutions with the Purchaser by phone or e-mail will be provided free of charge. The technical support provided to the Purchaser by phone or e‑mail will also be provided free of charge. If the Seller fails to remedy the defects claimed within the period referred to in this Article, or if it notifies before the expiry of the period that it shall not remove the defects, the Purchaser shall be entitled to assign the repair to a third party. In this case, the Purchaser may claim from the Seller payment of the amount the Purchaser pays to the third party as a result of proceeding thus. The Purchaser's claim to a contractual penalty from the Seller shall not be extinguished in this case. The rights and obligations arising from the warranty do not expire, either in respect of the Purchaser of Equipment subject to transfer or in the case of the withdrawal of one of the parties from the Agreement. Claims for liability for defects do not prejudice claims for damages or contractual penalties.