Defective delivery Sample Clauses

Defective delivery. (1) Unless otherwise stipulated, statutory provisions shall apply regarding our rights with respect to material and legal defects in the goods (including wrong and shortfall delivery, inexpert assembly, deficient assembly or operating instructions) and regarding other breaches of duty on the part of the seller. (2) According to the law, the seller in particular is liable for ensur- ing that the goods have the agreed properties upon transfer of risk to us. The product descriptions which, in particular through designation or reference in our order, are the subject matter of the respective agreement, or which were incorpo- rated into the agreement in the same way as these GTC, are regarded as an agreement. Thereby, it does not make any difference whether the product description originates from us, from the seller or from the manufacturer. (3) Notwithstanding section 442, paragraph 1, clause 2, of the German Commercial Code, we may assert claims regarding defects even if we were unaware of the defect at the time of entering into the contract as the result of gross negligence. (4) The statutory regulations (sections 377, 381 of the German Commercial Code) shall apply with respect to the com- mercial duties of examination and notice of non- conformity duties, as follows: Our duty of examination shall be limited to defects that come to light during our incoming goods inspec- tion involving a visual examination of the goods and a check of the delivery documents as well as during our random sample-based quality control inspection (e.g. transport dam- age, wrong and shortfall delivery). With other defects, it de- pends to what extent an examination which takes into account the circumstances of the individual case will be possible in the normal course of business. If an acceptance has been agreed upon, there is no obligation to conduct an inspection. Our ob- ligation to notify defects discovered at a later date shall remain unaffected. In all cases, such a complaint (notice of defect) shall be considered prompt and in due time if it reaches the seller within 2 weeks. (5) Rectification of defects includes also the disassembly and re-assembly of the defective goods, provided that the goods were incorporated in other things in accordance with their intended use. The costs incurred by the seller for inspection and rectification must be borne by the seller if it turns out that in fact no defect existed. Any regulation to the contrary shall apply only if we have recognized...
Sample 1See All (5)
AutoNDA by SimpleDocs
Defective delivery. The target quality corresponds to the agreed specifications and / or the approved first sample. If and in so far as any specifications are incomplete or missing, the target quality shall be the charac- teristics of those goods which were delivered as the last goods not rejected. In the event of a notice of defect, Client shall prepare and submit to Contractor a corresponding report including a sample of the defective item, unless submission of such sample is not feasible. Contractor shall take immediate action to remedy the situation and inform the Client’s quality management department accordingly in text form within 24 hours. If and in so far as Client indi- xxxxx that the issue is particularly urgent, Contractor shall answer preliminary inquiries, e.g. con- cerning the sorting of the products, in text form within 6 hours, taking into account normal busi- ness hours. Contractor shall process the notice of defect in the form of a 4-D or 8-D report. Contractor shall submit such report to Client in text form within 5 working days after receipt of the notice of defect. If Contractor fails to meet one or more of the aforementioned deadlines, Client shall be entitled to take any necessary mea sure at the Contractor’s expense, unless Contractor is not at fault. Any products assessed as defective by Contractor shall be marked accordingly and stored separate- ly. Without prejudice to any further claims for damages or any other claims for compensation, Client is entitled to charge Contractor an administration fee of 200.00 EUR plus VAT, if applicable. In the event of repeated notices of defect, in particular in case of identical defect patterns, Client is entitled to require from Contractor to undergo requalification via product or process audit, and the submission of a process capability study (Cpk7 values).
Sample 1
Defective delivery. If in the Xxxxxx’x reasonable opinion, the Service Provider has failed to comply with this Agreement in the supply of the Goods, Xxxxxx may give written notice to the Service Provider, and the Service Provider must, within 14 calendar days of Xxxxxx’x notice, rectify the non-compliance and if reasonably required, must re-supply the complying Goods.
Sample 1Sample 2
Defective delivery. If in Tetra Tech International Development’s reasonable opinion the Service Provider has failed to comply with this Agreement in supplying the Goods, Tetra Tech International Development may give written notice to the Service Provider, and the Service Provider must, within 14 calendar days of Tetra Tech International Development’s notice, either rectify the non-compliance or, where the non- compliance cannot be rectified, re-supply the Goods.
Sample 1Sample 2
Defective delivery. 7.1 The statutory prescriptions shall be applicable to the rights of Loacker in case of material defects and defects of title in the goods and in case of other breach of duty, unless otherwise provided in the following. 7.2 Under the legal provisions the contractual partner shall be held liable in particular that the material conforms to the agreed quality at the time of transfer of risk. At any rate, the descriptions that are the object of the respective contract or that have been included in the same way as the present GTC into the contract, - particularly through the designation or reference in the order of Loacker – are considered as the agreement on the quality of the material. There is no difference whether the description originates from Loacker or from the contractual partner.
Sample 1
Defective delivery a) The statutory provisions shall apply to Visolva‘s rights in case of material defects and defects of title of the goods and in case of other breaches of duty by Supplier, unless otherwise provided below. b) In accordance with the statutory provisions, Supplier shall be liable in particular for ensuring that the goods have the agreed quality at the time of the transfer of risk to Visolva. In any case, those product descriptions which - in particular by designation or reference in Visolva‘s order - are the subject matter of the respective contract shall be deemed to be an agreement on the quality. It makes no difference whether the product description originates from Visolva or from Supplier. c) In deviation from legal regulations, Visolva shall also be entitled without restriction to claims for defects if the defect remained unknown at the time of the conclusion of the contract as a result of gross negligence. d) The statutory provisions shall apply to the commercial duty to inspect and give notice of defects with the following proviso: Visolva‘s duty to inspect shall be limited to defects which are openly recognizable during the incoming goods inspection by Visolva under external examination including the delivery documents as well as during the quality control by Visolva in the random sampling procedure
Sample 1
Defective delivery. 12.1 The statutory provisions shall apply to our rights in the event of material defects and defects of title regarding the goods (including incorrect and short delivery as well as improper assembly, defective assembly, user or operating instructions) and in the event of other breaches of duty by the Supplier, unless otherwise stipulated below. 12.2 In accordance with the statutory provisions, the Supplier is liable in particular for ensuring that the goods have the agreed quality at such time as the risk transfers to us. In any case, those product descriptions which – in particular by means of designation or reference in our order – are the subject of the respective contract or have been included in the contract in the same way as these Terms and Conditions shall be deemed to be an agreement on quality. It makes no difference in this case whether the product description comes from us, from the Supplier, or from the manufacturer. 12.3 We are not obliged to examine the goods or undertake special investigations for any defects upon conclusion of contract. In partial deviation from § 442 par. (1) sen.
Sample 1
AutoNDA by SimpleDocs
Defective delivery. 12.1. Incoming deliveries arriving at SYMANZIK will only be checked with regard to identity and quantity, as well as for externally identifiable damage in transit. Any deviations in this respect shall be promptly reported by XXXXXXXX. Also, in the course of the receiving inspection, the delivered products will be checked for their quality, taking into account the quality status of previous deliveries, regularly or at irregular intervals. 12.2. If SYMANZIK submits a complaint due to deviations, the supplier shall have to immediately initiate corrective measures which permanently and sustainably guarantee the exclusion of defects. As a rule, the supplier shall issue an initial written statement in the form of a 3D report within a maximum of 24 hours, specifying the immediate measures and taking into account the materials and services already delivered by it. Within five business days, XXXXXXXX will expect a 5D report and within 10 business days a completed 8D report with a full written investigation of the cause of the defect (e.g. by way of an Ishikawa diagram or 5W analysis) and the introduction of appropriate corrective measures.
Sample 1

Related to Defective delivery

  • PRODUCT DELIVERY Delivery must be made as ordered to the address specified on the Purchase Order and in accordance with the terms of the Contract or Contract Award Notice. Unless otherwise specified in the Bid Documents, delivery shall be made within thirty calendar days after receipt of a Purchase Order by the Contractor. The decision of the Commissioner as to compliance with delivery terms shall be final. The burden of proof for delay in receipt of Purchase Order shall rest with the Contractor. In all instances of a potential or actual delay in delivery, the Contractor shall immediately notify the Commissioner and the Authorized User, and confirm in writing the explanation of the delay, and take appropriate action to avoid any subsequent late deliveries. Any extension of time for delivery must be requested in writing by the Contractor and approved in writing by the Authorized User. Failure to meet such delivery time schedule may be grounds for cancellation of the order or, in the Commissioner’s discretion, the Contract.

  • PRICE/DELIVERY Price(s) bid must be the price(s) for new goods, unless otherwise specified. Any bids containing modifying or “escalator” clauses will not be considered unless specifically requested in the bid specifications.

  • Service Delivery Grantee shall: 1. Adhere to the Priority Populations for Treatment Programs as stated in the SUD UM Guidelines. 2. Maintain Daily Capacity Management Report in CMBHS as required in the SUD UM Guidelines. 3. Maintain a Waiting List to track all eligible individuals who have been screened but cannot be admitted to SUD treatment immediately. i. Grantee that has an individual identified as a federal and state priority population on the waiting list shall confirm this in the Daily Capacity Management Report. ii. Grantee shall arrange for appropriate services in another treatment facility or provide access to interim services as indicated within 48 hours when efforts to refer to other appropriate services are exhausted. iii. Grantee shall offer directly or through referral interim services to wait-listed individuals. iv. Establish a wait list that includes priority populations and interim services while awaiting admission to treatment services. v. Develop a mechanism to maintain contact with individuals awaiting admission. 4. If unable to provide admissions to individuals within Priority Populations for Treatment Programs according to SUD UM Guidelines: i. Implement written procedures that address maintaining weekly contact with individuals waiting for admissions as well as what referrals are made when a client cannot be admitted for services immediately. ii. When Grantee cannot admit a client, who is at risk for dangerous for withdrawal, Grantee shall ensure that an emergency medical care provider is notified. iii. Coordinate with an alternate provider for immediate admission. iv. Notify Substance Use Disorder (Xxxxxxxxx_Xxx_Xxxxxxxx@xxxx.xxxxx.xx.xx) so that assistance can be provided that ensures immediate admission to other appropriate services and proper coordination when appropriate. v. Provide pre-admission service coordination to reduce barriers to treatment, enhance motivation, stabilize life situations, and facilitate engagement in treatment. vi. Adhere to Informed Consent Document for Opioid Use Disorder applicable to the individual as stated in the SUD UM Guidelines. vii. When an individual is placed on the Wait List, Grantee shall document interim services as referrals that provides applicable testing, counseling, and treatment for Human Immunodeficiency Virus (HIV), tuberculosis (TB) and sexually transmitted infections (STIs).

  • Late Delivery Supplier shall give DXC prompt notice of any prospective failure to ship Products or provide Services on the delivery date specified by DXC (the “Delivery Date”).

  • Transmission Delivery Service Implications Under ER Interconnection Service, Interconnection Customer will be eligible to inject power from the Generating Facility into and deliver power across the Transmission System on an “as available” basis up to the amount of MW identified in the applicable stability and steady state studies to the extent the upgrades initially required to qualify for ER Interconnection Service have been constructed. After that date FERC makes effective MISO’s Energy Market Tariff filed in Docket No. ER04-691-000, Interconnection Customer may place a bid to sell into the market up to the maximum identified Generating Facility output, subject to any conditions specified in the Interconnection Service approval, and the Generating Facility will be dispatched to the extent the Interconnection Customer’s bid clears. In all other instances, no transmission or other delivery service from the Generating Facility is assured, but Interconnection Customer may obtain Point-To-Point Transmission Service, Network Integration Transmission Service or be used for secondary network transmission service, pursuant to the Tariff, up to the maximum output identified in the stability and steady state studies. In those instances, in order for Interconnection Customer to obtain the right to deliver or inject energy beyond the Point of Interconnection or to improve its ability to do so, transmission delivery service must be obtained pursuant to the provisions of the Tariff. The Interconnection Customer’s ability to inject its Generating Facility output beyond the Point of Interconnection, therefore, will depend on the existing capacity of the Transmission or Distribution System as applicable, at such time as a Transmission Service request is made that would accommodate such delivery. The provision of Firm Point-To-Point Transmission Service or Network Integration Transmission Service may require the construction of additional Network or Distribution Upgrades.

  • PRODUCT DELIVERY Delivery must be made as ordered to the address specified on the Purchase Order and in accordance with the terms of the Contract. Delivery shall be made within thirty calendar days after receipt of a Purchase Order by the Contractor, unless otherwise agreed to by the Authorized User and the Contractor. The decision of the Commissioner as to compliance with delivery terms shall be final. The burden of proof for delay in receipt of a Purchase Order shall rest with the Contractor. In all instances of a potential or actual delay in delivery, the Contractor shall immediately notify the Commissioner and the Authorized User, and confirm in writing the explanation of the delay, and take appropriate action to avoid any subsequent late deliveries. Any extension of time for delivery must be requested in writing by the Contractor and approved in writing by the Authorized User. Failure to meet such delivery time schedule may be grounds for cancellation of the order or, in the Commissioner’s discretion, the Contract.

  • No Transmission Delivery Service The execution of this Agreement does not constitute a request for, nor agreement to provide, any Transmission Service under the NYISO OATT, and does not convey any right to deliver electricity to any specific customer or Point of Delivery. If Developer wishes to obtain Transmission Service on the New York State Transmission System, then Developer must request such Transmission Service in accordance with the provisions of the NYISO OATT.

  • Delivery Point The delivery point is the point of delivery of the Power Product to the CAISO Controlled Grid (the “Delivery Point”). Seller shall provide and convey to Buyer the Power Product from the Generating Facility at the Delivery Point. Title to and risk of loss related to the Power Product transfer from Seller to Buyer at the Delivery Point.

  • Project Delivery Contractor shall construct the Project in accordance with the Contract Documents, and Contractor shall deliver the Project completed in accordance with the Contract Documents, substantially free from defects, and within the Contract Time.

  • Closing Date Delivery 2 2.1 Closing.........................................................................................2

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!