DEFECTS AND COMPLAINTS. 11.1 The remedies stated in this Clause 11 shall constitute the Buyer's sole and exclusive remedies in respect of defects in the Products. Consequently, the Buyer is not entitled to damages or compensation for losses or costs the Buyer may incur in relation to defective Products.
11.2 The Seller's liability does not cover defects caused by circumstances that arise after the risk has passed to the Buyer.
11.3 For defects that are not and could not have been detected during the inspection described in Clause 5.2, the Seller's liability is limited to defects that appear within a period of ten (10) days from the date of delivery of the Products to the Buyer. It is for the Buyer to prove that the defect in the Product was present at the time of delivery of the Product. If requested by the Seller, the Buyer shall, without undue delay, deliver the defective Products or samples thereof to the address instructed by the Seller for analysis. The Buyer shall pay the delivery costs, but the Seller shall compensate the Buyer for its reasonable delivery costs if it is confirmed that the Products are defective.
11.4 If the Buyer, outside the situations comprised by Clause 5.2, intends to notify the Seller of defective Products, the Buyer shall notify the Seller in writing of the defect no later than twenty-four (24) hours after the defect is or reasonably ought to have been discovered.
11.5 After receipt of a written notice in accordance with Clause 5.2 or 11.4, including documentation for the defect(s), the Seller shall, at its sole discretion, either replace the defective Products at the place of delivery or credit the part of the Purchase Price invoiced for the defective Products without undue delay. The replacement shall be carried out by the Seller or by a third party on behalf of the Seller. In the event of replacement or credit, the Seller is entitled to take back the defective Products or require that the defective Products are destroyed in accordance with the Seller's instructions. The Seller shall bear all costs relating to such replacement and destruction.
11.6 If no defect is found for which the Seller is liable, the Seller shall be entitled to compensation for the work and the costs it has incurred as a result of the notice. Also, the relevant invoice shall be payable in full on the due date.
DEFECTS AND COMPLAINTS. 11.1 ROCKWOOL warrants the sound nature of the delivered Goods and Services in accordance with the reasonable expectations of the Client on the basis of the Agreement. If defects occur in the Goods or Services delivered by ROCKWOOL, ROCKWOOL shall repair these defects (or have them repaired), offer a reasonable price reduction or redeliver the Good or Service in question, all entirely at the discretion of ROCKWOOL.
11.2 Any warranties shall only be issued by ROCKWOOL in separate documentation and subject to the conditions described in this separate documentation. It is not possible to derive the existence of any warranty from the General Terms and Conditions.
11.3 In as much as any warranty as referred to in article 11.2 is issued, any defects occurring in or (partly) as a consequence of the following shall not be covered by this warranty: • normal wear and tear; • failure by (the personnel of) the Client to follow orders or instructions, or use for any other than the normal intended purpose; • inexpert storage, maintenance or use by the Client; • work undertaken by third parties, assembly/installation or repair by third parties or by the Client, without prior written permission from ROCKWOOL; • the application of any government regulation in respect of the nature or quality of the materials employed; • tailor-made Goods, produced and delivered on the basis of designs, drawings or other instructions from the Client; • goods issued to ROCKWOOL by the Client for processing or implementation of an order, or employed in consultation with the Client; • components obtained by ROCKWOOL from third parties, in as much as these parties have issued no warranty to ROCKWOOL; • the processing by the Client of the Goods, unless ROCKWOOL has specified or permitted a specific processing method in its documentation, brochures, etc. in writing, without any reservations; • vandalism, the influence of weather or other external causes.
11.4 Any processing of the Goods delivered by ROCKWOOL shall be for the own risk of the Client. The Client indemnifies ROCKWOOL against all claims from third parties arising from any processing of the Goods delivered by ROCKWOOL.
11.5 Minor deviations may not be qualified as defects and must be accepted by the Client. Deviations which, taking account of all circumstances, can reasonably have no or only a minor influence on the user value of the Goods shall at all times be considered as being deviations of limited importance.
11.6 Any right to war...
DEFECTS AND COMPLAINTS. 6.1. The Purchaser shall be obliged to inspect the delivered goods upon receipt. If the Purchaser ascertains, or ought to ascertain that the delivered goods suffer from defects, the Purchaser shall immediately submit a complaint in writing. With non-visible defects the Purchaser shall no later than 5 days submit a complaint. The complaint must be in writing. If the Purchaser fails to submit a complaint in due time, the Purchaser’s right to assert the defect shall lapse. The deadline applies equivalently to complaints regarding delivered services etc.
6.2. Defects shall not be deemed to exist if the Purchaser has applied the delivered good improperly, including any disregard of guidelines provided by Atea or Atea’s subsuppliers, or in case the Purchaser or a third party has made arrangements for changes to be made in the delivered goods, or interference, without Atea’s consent.
6.3. In case of reasonable complaints within the deadline, Atea shall have the right, at its own discretion and within a reasonable period of time, to arrange for a replacement delivery or remedial action. If Atea undertakes replacement delivery or remedial action in due time, the Purchaser shall not be entitled to terminate the agreement or claim damages as a result of the defect. Atea shall be entitled to make one or more remedial actions/replacement deliveries.
6.4. In the event that Atea establishes that a defect does not exist in a product for which the Purchaser has submitted a complaint, Atea is entitled to receive compensation for the expenses suffered by Atea in this regard. If replacement delivery or remedial action is not effected in due time, the Purchaser may solely terminate the agreement or claim a proportional reduction in price.
6.5. The Purchaser is solely entitled to terminate the agreement for the delayed part of the delivery, including force majeure, or products with defects.
6.6. Sold products shall only be returned upon prior written agreement with Atea’s sales department. It must appear in the agreement for the return of goods, which products are returnable, their condition and at which price the products will be credited. The Purchaser shall undertake to enclose a copy of the agreement for the return of goods in each lot that is to be returned. Atea reserves the right to return products with which no agreement for the return of goods has been enclosed. Any return shall be at the Purchaser’s expense and risk.
DEFECTS AND COMPLAINTS. 6.1. The Purchaser should check the purchased goods, or have them checked, on receipt or as soon as possible thereafter. He should moreover examine whether the delivered goods comply with the agreement, namely: - whether the correct goods have been supplied; - whether the correct quantity has been supplied; - whether the goods comply with any agreed specifications or the requirements that may be set for normal use and/or commercial purposes.
6.2. In the event of visible defects or shortcomings, the Purchaser should notify HeboVanDijk of them in writing within fourteen days after receipt of the goods.
6.3. Non-visible defects must be reported by the Purchaser to HeboVanDijk in writing within fourteen days after they have been discovered or could reasonably have been discovered, but at the latest within six months after the date of receipt of the goods.
6.4. HeboVanDijk is not liable for visible defects in goods that are no longer in the same condition as at the time of delivery. Nor is HeboVanDijk liable for minor deviations in quality, size, color, design or repeat length, weight and finish, not even when sold on sample.
6.5. HeboVanDijk does not accept returns for which it has not given express written consent.
6.6. With regard to the delivered goods, HeboVanDijk, irrespective of whether there is any question of its liability under the agreement or by law, shall have no obligation other than, and such at its own discretion: − the repair of the delivered goods free of charge; − to take back (in full or in part) the delivered goods and to deliver free of charge a sufficient quantity of goods which comply with the terms of the agreement; − to take back (in full or in part) the delivered goods and to terminate (in full or in part) the agreement, without the Purchaser being entitled to damages; − the payment of an amount which, however, shall never exceed the contractual price, referred to in 3.1. of the delivered goods.
7.1. Irrespective of the grounds of its liability, in the event of non-performance, non-timely performance or improper performance, HeboVanDijk shall only be liable for direct loss and never for loss of profit or indirect loss. The liability of HeboVanDijk is limited to no more than the contractual price, referred to in 3.1, of goods for which HeboVanDijk is liable.
7.2. HeboVanDijk shall in no case be liable for damage or loss resulting from: - natural wear or inexpert or incorrect treatment; - use for a purpose other than that for which the ...
DEFECTS AND COMPLAINTS. 12.1 Xxxxx Xxxxxxxx vouches for the soundness of the Services provided, in accordance with what the Client may reasonably expect on the basis of the Agreement, and will endeavour to achieve any objective agreed with the Client. Xxxxx Xxxxxxxx cannot, however, guarantee the achievement of that objective.
12.2 Should any defects occur in the Services provided by Xxxxx Xxxxxxxx, it will rectify these defects (or have them rectified), redeliver the Service or apply a reasonable price reduction, all at Xxxxx Xxxxxxxx'x sole discretion.
12.3 If and to the extent that the nature of the Services provided allows this, the Client will carefully inspect the Services immediately upon delivery, failing which any right of complaint, replacement and/or warranty will lapse.
12.4 The Client must notify Xxxxx Xxxxxxxx in writing of any complaints about the Services provided and/or the performance of an Agreement within 30 days after the Client discovers or reasonably should have discovered the defect. In the absence of a timely complaint, any claim against Xxxxx Xxxxxxxx will lapse.
12.5 The Client must notify Xxxxx Xxxxxxxx in writing of any inaccuracies in Xxxxx Xxxxxxxx'x invoices within 14 days after the invoice date, failing which the Client will be deemed to have approved the invoice.
12.6 Complaints do not suspend the Client's payment obligations.
12.7 Upon discovery of a defect in a Service, the Client is obliged to do whatever will prevent or limit damage.
DEFECTS AND COMPLAINTS. (1) The buyer must inspect the items delivered immediately on delivery.
(2) Complaints of visible defects must be made immediately and in writing to UnikTruck A/S and not later than on the fifth working day after delivery.
(3) According to UnikTruck A/S’ discretion, any defects in the items delivered will be remedied through repair or corrected through a replacement delivery. The order may not be cancelled due to defects.
(4) The buyer has been informed that the equipment bought may have been used prior to the purchase. If the equipment bought has been used, there may be parts and common wearing parts that need replacement. As such equipment has been used, UnikTruck A/S cannot guarantee that the assumed and stated running hours or any other machinery history is correct. In case of purchase of used equipment, UnikTruck A/S is exempt from liability for parts and wearing parts that need replacement following delivery, see clause 6, and UnikTruck A/S is also exempt from liability if the number of running hours stated or any other machinery history is incorrect.
(5) The buyer’s alteration or interference in the items sold without UnikTruck A/S' prior written consent means that the buyer may not subsequently advance any claims against UnikTruck A/S.
DEFECTS AND COMPLAINTS. 10.1 NIBM will guarantee the soundness of the Goods to be delivered in accordance with what the Client may reasonably expect on the basis of the agreement. In this context, the Client is aware of the fact that the Goods are not new, that it is not always clear how the Goods were maintained in the past and that the Goods are sold "as is". If defects arise in the Goods provided by NIBM, NIBM will correct these defects (or have them corrected) or will apply a reasonable price reduction, all exclusively at the discretion of NIBM.
10.2 In view of the fact that the Goods are not new and are sold in the condition they were in when the offer was made, no guarantee will be given by NIBM in respect of the Goods.
10.3 Minor deviations cannot be qualified as a defect and must be accepted by the Client. Deviations which, taking all circumstances into account, in all reasonableness have no or a minor influence on the utility value of the Goods, will always be considered as deviations of minor importance.
10.4 Any right will lapse if the Goods have been transported, handled, used, processed or stored by or on behalf of the Client in a faulty manner or in violation of instructions given by or on behalf of NIBM, or if the usual measures/instructions have not been observed, as well as if the Client fails to fulfil any of its obligations towards NIBM arising from the underlying agreement or does not fulfil them properly or on time.
10.5 The Client must carefully inspect the Goods immediately after their delivery, failing which any right will lapse.
10.6 The Client must report any complaints about the Goods and/or performance of an agreement to NIBM by registered letter within five (5) days of discovering the defect, or when the Client should reasonably have discovered it. If a complaint is not made on time, all claims against NIBM will lapse.
10.7 If the Client complains, it will be obliged to offer NIBM the opportunity to carry out an inspection and to establish the shortcoming. The Client will be obliged to keep the Goods about which it has lodged a complaint at NIBM's disposal, failing which all rights to specific performance, repair, dissolution and/or compensation or payment will lapse.
10.8 The Client must notify NIBM in writing of any inaccuracies in its invoices within five (5) days of the invoice date, failing which the Client will be considered to have approved the invoice.
10.9 Complaints will not suspend the Client’s payment obligation.
10.10 Following the discov...
DEFECTS AND COMPLAINTS. 5.1 If the customer wants to allege a defect or make a claim against Xxxxxxx, the customer must submit a complaint within 14 days from the time the customer discovered or could have discovered the defect or situation that gives rise to the claim.
5.2 The customer’s complaint must in all cases be in writing and reach Xxxxxxx Security no later than 12 months from the occurrence of the defect or the event that gives rise to the claim, regardless of when the defect or event was or should have been discovered.
5.3 If the customer fails to complain about a defect or fails to submit a claim within the deadlines stated in clauses 5.1 and 5.2, the customer cannot submit a claim at a later stage. Xxxxxxx Security will be exempt from liability in such cases.
5.4 If a complaint turns out to be unfounded, Xxxxxxx Xxxx- rity is entitled to demand payment for time spent and cost of materials.
5.5 Xxxxxxx Security independently plans how to remedy genuine defects and may decide to make a replace- ment delivery in full or in part, if it so chooses. The cus- tomer must give Xxxxxxx Security access to the prem- ises subject to reasonable notice.
5.6 The customer may assert its rights arising from a breach of contract against Xxxxxxx Security if Xxxxxxx Security has unsuccessfully tried to remedy a defect at least three times.
DEFECTS AND COMPLAINTS. 6.1. 6.1. The Purchaser shall be obliged to inspect the delivered goods upon receipt. If the Purchaser ascertains, or ought to ascertain that the delivered goods suffer from defects, the Purchaser shall immediately submit a complaint in writing. With non-visible defects the Purchaser shall no later than 5 days submit a complaint. The complaint must be in writing. If the Purchaser fails to submit a complaint in due time, the Purchaser's right to assert the defect shall lapse. The deadline applies equivalently to complaints regarding delivered services etc.
DEFECTS AND COMPLAINTS. Any complaints should be directed first to the Lessor/Provider. Complaints must be made without delay. If the defect is not corrected, you should contact VDAB according to the contact information on the booking confirmation. If you failed to seek a remedy in conjunction with the rental period or event and therefore have not given the Lessor/Provider the opportunity to correct any defects, you will have forfeited your right to claim compensation for the defect. If you are not satisfied with the compensation or remuneration, this must be communicated to Visit Dalarna AB no later than 60 days after departure.
