Common use of DEFECTS AND COMPLAINTS Clause in Contracts

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 The remedies stated in this Clause 11 shall constitute the Buyer's sole and exclusive remedies in respect In case of defects in Products resulting from faulty design, materials or workmanship, for which SELLER is responsible, SELLER must within reasonable time and at its own option either: (i) deliver replacement Products; or (ii) repair the Products; or (iii) grant a proportionate price reduction. Consequently, the Buyer Customer is not entitled to damages rely on any other remedies for breach in connection with defects. SELLER is not liable for defects arising out of material provided by, or compensation a design stipulated or specified by Customer, or resulting from instructions from Customer. SELLER is only liable for losses or costs defects which appear under the Buyer may incur conditions of operation foreseen in relation to defective the Agreement and under the proper use of the Products. 11.2 The Seller. SELLER's liability does not cover defects resulting from causes occurring after delivery has taken place. The liability does not e.g. cover defects which are caused by circumstances that arise after faulty maintenance on 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 5.2part of Customer, the Seller's liability is limited to defects that appear within a period of ten (10) days from the date of delivery by variations of the Products undertaken by Customer without SELLER's prior written consent, or by faulty repairs by Customer or a third party. Finally, SELLER's liability does not cover normal wear and tear or deterioration. On receipt of written notice from Customer according to the Buyer. It is for the Buyer to prove that this clause, SELLER shall remedy the defect in without undue delay and at its own cost as stipulated herein. The defect shall be remedied at SELLER's premises unless SELLER deems it appropriate to remedy the defective part or the Product was present at the time of delivery Customer's premises. If special knowledge is required to carry out dismantling and reinstallation of the Productpart, SELLER shall perform such dismantling and reinstallation. If requested by the Sellersuch special knowledge is not required, 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 SELLER has fulfilled 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 obligations in writing respect of the defect no later than twenty-four (24) hours when he delivers a duly repaired or replaced part or Product to Customer. Customer is obliged to examine the Products upon receipt. A complaint concerning quantity defects or noticeable defects must be made in writing immediately and within 8 calendar days after the defect is defects have been discovered or reasonably ought to have been discovered. 11.5 After , however in no event later than 14 calendar days after receipt of the Products. If the Products contain a hidden defect, Customer must complain immediately after the defect has been or ought to have been discovered. In addition to the above, a complaint must in any case be made in writing no later than 12 months after delivery, unless a longer expiry period is stated on the delivered Products in question. If complaints are not made according to the above, Customer forfeits the right to rely on any remedies for breach vis-à-vis SELLER in connection with the defects. Customer is not entitled to return Products without the prior written notice approval of SELLER and return shipment must take place freight prepaid. SELLER will reimburse freight expenses if the complaint is justified. When Products are returned and on inspection are found not to be defective or defective for reasons that SELLER is not responsible, SELLER is entitled to charge for inspection and handling. SELLER is entitled not to include used Products in any analysis of quality complaints. Defective parts which are replaced 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 this clause 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 Sellerplaced at SELLER's instructions. The Seller disposal and shall bear all costs relating to such replacement and destructionbecome its property. 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 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 Upon 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 promptly perform an inspection of the Seller products delivered with the due care of a prudent businessman. Complaints about defects and deficiencies in connection with execution of an order shall be forwarded in writing not later than eight (8) days after receipt of the defect no later than twenty-four (24) hours after product or 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 Sellerinvoice. In the event that defects are registered in one of replacement the products delivered by the Seller within one (1) year after delivery, and it is proved that these defects may be attributable to faults in connection with the design or creditmanufacture of the products, the Seller is entitled to take back shall at his option replace or repair the defective Products or require products as soon as possible and free of charge. It is a pre-condition for the provision of this replacement/repair free of charge that the defective Products agreed terms of payment be observed, and that the products sold have not been changed, repaired or used for any other purpose than the one for which they are destroyed designed, and that installation and operating conditions are in accordance with the Seller's instructions, and that the defective product is forwarded to the Seller free of charge with indication of the reason why it is returned. Complaints about defective products shall be made in writing and without delay, and a sufficient number of samples shall be enclosed and a description of the defect for correct evaluation of the justification of the complaint. If the product is packaged, samples with intact packaging shall always be included. If the Buyer fails to do so, he shall forfeit the right to a replacement delivery. The Buyer shall not be entitled to repair the products delivered or to make replacement purchases without the prior consent of the Seller. The Seller shall bear all costs relating undertake no liability for defects in addition to such replacement the above and destructionshall thus not be liable for any kind of loss which may be attributable to defects, including operating loss, loss of profit or other financial losses incurred by the Buyer due to defective products. 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 9.1. If the Purchaser does not accept items that have been made available by the Seller to the Purchaser, the Seller is authorised to do the following: to deliver the items by written notification by the Seller to the Purchaser, in which case the items should be shall be stored by the Seller or by a carrier designated by the Seller from the moment that such notification is sent, and to do so at the expense and risk of the Purchaser. In such a case the risk of diminishment in quality of the items is also for the Purchaser. Or, to dissolve the agreement, either in whole or in part, and/or to sell and deliver the items to third parties, whereby the Purchaser is liable for all damage. The remedies stated in this Clause 11 Seller shall constitute the Buyer's sole and exclusive remedies in respect of defects then be entitled to sell articles to third parties which have been refused or returned, also in the Productsevent that such articles are affixed with a registered mark of the Purchaser. Consequently, The Seller shall only be able to exercise 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 choice of rights indicated here after the risk Purchaser has passed been given the opportunity to the Buyer. 11.3 For defects that are not and could not have been detected during the inspection described in Clause 5.2submit a written objection, the Seller's liability is limited to defects that appear with reasons given, within a period of ten (10) five days from after the date of delivery of the Products notification referred 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 analysisarticle 9 paragraph 1. The Buyer shall pay the delivery costs, but the Seller shall compensate the Buyer for then exercise its reasonable delivery costs if it is confirmed that the Products are defectivechoice of rights with due observance of standards of fairness and reasonableness. 11.4 If 9.2. The Purchaser is obliged to inspect deliveries as soon as possible but, at any rate, within five working days after the Buyeractual delivery for any, outside the situations comprised by Clause 5.2defects, 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 Sellerany defects observed. In the event that the provisions of this article are not observed, the right of the Purchaser to invoke any rights on the grounds of observed defects lapses. 9.3. Defects that are reported in writing to the Seller within the periods referred to in paragraph 9.2, and furthermore only those defects in the delivered items that cannot reasonably have been observed during the inspection but are discovered within three months following the delivery and reported in writing within five working days after the discovery, shall, where they can be demonstrably attributed to the Seller due to failure on its part, shall at the discretion of the Seller be remedied through replacement or creditrepair, or by crediting the account of the Purchaser after the items have been returned. 9.4. The Purchaser may never invoke any rights based on defects in the delivered items if and to the extent that such items have been treated or processed following delivery by the Seller to the Purchaser. 9.5. Defects in the delivered items constitute no grounds for dissolving the agreement in question unless such defects are those meant in paragraph 9.2 and paragraph 9.3, and despite repeated attempts, the Seller does not succeed in remedying such defects acceptably. The Purchaser is then entitled to take back dissolve 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 agreement if it cannot reasonably be entitled to compensation for the work and the costs it has incurred as a result required of the noticePurchaser that it continues to uphold the agreement. AlsoDefects may only constitute grounds for dissolution to the extent that they entail defective goods. Differences in quantity or quality, composition, colour etc, which for technical reasons cannot be prevented or which are customarily allowed, can never constitute grounds for dissolution by or at the relevant invoice shall be payable in full on request of the due datePurchaser.