Defects in Quality. 3.1 Defects in quality upon delivery of the Work Product. A defect in quality shall lie if a Work Product:
Defects in Quality. If parts are defective due to circumstances prior to the passing of the risk, we are obligated at our option to remedy all such parts or to provide new delivery free of any cost for the Customer. The Customer is obligated to notify us without undue delay, if any such defects are identified. Replaced parts become our property.
Defects in Quality. 7.1.1 The supplier shall, at his discretion, either repair or replace free of defects (repair or replacement delivery; hereinafter together: “post-performance”) at no charge all those parts which have turned out to be defective as the result of circumstances before the passing of risk.
7.1.2 The supplier shall be informed immediate in writing as soon as such defects are determined.
7.1.3 Parts which are the subject of complaint shall be returned to the supplier only on his request. Costs for the return shipment of the parts which are the subject of complaint are born by the purchaser.
7.1.4 Concerning replaced parts, the supplier is entitled to demand handing out and the transfer of title.
7.1.5 In the event of notice of defects, payments by the purchaser may only be withheld to an extent which is in proportion to the defects in quality which have occurred. The purchaser may only withhold payments if a notice of defect is asserted about which there is no dispute. If the notice of defect is unjustified, the supplier is entitled to demand compensation from the purchaser for costs which have arisen as a result.
7.1.6 In order to undertake all the work for post-performance deemed necessary by the supplier, the purchaser shall make the required time and opportunity available following consultation with the supplier. If he fails to do so, the supplier is released of liability for the consequences arising. The purchaser only has the right to rectify the defect himself or have it rectified by third parties and to demand compensation for the necessary costs from the supplier in the event of urgent cases when operational safety is at risk or to prevent disproportionately large damage. The supplier shall be informed immediately in such an event.
7.1.7 Of the direct costs arising through post-performance, the supplier shall bear the costs of the replacement part including shipping if the complaint turns out to be justified. To the extent that the purchaser demands compensation for expenditures arising to him or recompensed to his customer by legal requirement, the compensation to be paid by the supplier shall be determined as follows: Compensation shall only be paid for removal and installations costs necessary for post- performance as well as transport costs. In determining the level of such compensation, the economic circumstances of the supplier, type, scope and duration of the business relationship as well as the degree of causation and any fault of the supplier a...
Defects in Quality. If parts are defective due to circumstances prior to the passing of the risk, Xxxxx is obligated at its option to remedy all such parts or to provide new delivery free of any cost for the Customer. The Customer is obligated to notify Xxxxx without undue delay, if any such defects are identified. Replaced parts become the property of Xxxxx.
