Defects of Quality Sample Clauses

Defects of Quality. 16.1. Claims for defects of quality with regard to the Software shall expire by limitation within 12 months after passage of risks. Aforementioned clauses shall not apply if the legislation pursuant to the German Civil Code BGB articles 438(1)(2), 438(3), 479(1) and 634(a) stipulates longer periods of limitation nor for the liability for damages resulting from the injury of life, body or health nor for the liability for damages resulting from intentional or grossly negligent violation of duties. 16.2. Only if you can prove that there are reproducible deviations from the specifications included in the final version of the datasheet or the operating instructions shall such deviations count as defects of quality with regard to the software. A defect of quality does not exist, however, if it does not occur in the last version of the software ceded to you and if the utilization of this version is reasonable for you. 16.3. You shall be obliged to check the software for apparent defects immediately after receipt and to inform us immediately if there are any defects, otherwise the warranty for such defects is excluded. The same shall apply if such a defect occurs at a later time. German Commercial Code HGB article 377 shall be applicable. 16.4. There shall be no claims for defects - in case of damages which result from incorrect or negligent handling of the software, - in case of damages caused by specific outside influences which were not presupposed according to the contract, - in case of modifications made by you or third parties and the consequences resulting thereof, - in case the software was extended by you or a third party beyond an interface provided for this purpose, - in case the software is not compatible with the data processing environment you are utilizing. 16.5. In the case of Software, the entitlement for supplementary performance is fulfilled as follows: at our own discretion, we shall either remedy the defect (“Subsequent Improvement”) or deliver a new issue level (update) as replacement or a new version (upgrade) provided we have them available or can obtain them with reasonable expenditure. In case of defects of title, we shall, at our own discretion, obtain a legally sound option for use of the software or modify the software in such a way that the rights of third parties are no longer infringed.
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Defects of Quality. The SUPPLIER warrants that the goods and services to be supplied are free of defects, comply with the specifications as stipulated in the order, have been developed and manufactured in accordance with the state of the art, are usable with-out limitation for the purpose for which they are intended under the terms of the contract and are in compliance with all relevant legal provisions, regulations and di- rectives imposed by governmental authorities and specialist associations. Any obvious defects detected in the delivered goods shall be examined by the BUYER within an adequate period of time for any vari- ances in quality and quantity. The notification of a defect shall be timely if the SUPPLIER receives it within a period of 5 working days from delivery of the goods, or in the case of hidden defects, from discovery of the defect. The BUYER shall be fully entitled to the statutory claims based on defects; the BUYER shall be entitled in any case to demand, at the option of the BUYER, that the SUPPLIER remedy the defect or replace the defective good with a new one. The BUYER expressly reserves the right to damages, including but not limited to the right to damages instead of receiving the goods/services. In case of imminent danger, t h e BUYER shall be entitled to remedy the defect at the SUPPLIER’s expense. The limitation period of claims based on defects in quality shall be 24 months from the point in time when the delivered goods are complete, free of defects and put into service, and shall end no later than 36 months from delivery. The SUPPLIER is obliged for the purpose of supplementary performance to bear the relevant ex penses, including all costs aris- ing in connection with the defect detention and remedial expenses, even if the expenses are incurred by the BUYER or the cus- tomers of the BUYER, in particular investigation cost, removal and installation costs, shipping, travel, labor and material costs. This applies even if the expenses increase because the goods and services are located at a different place than the place of performance.
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Defects of Quality. 9.1 As a defect under the terms of these GTCB qualifies only a defect which (i) can be documented and reproduced and (ii) causes a deviation in function and performance when the software is used as foreseen, which prevents or significantly interferes with use of the software. Deviations that do not prevent or significantly interfere with use of the software therefore do not qualify as defects under the terms of the GTCB. 9.2 The customer is responsible for the correct selection, proper use, monitoring and consequences of using the software. This also includes the storage of transactions as well as the definition and performance of recovery routines in the event of a malfunction of the software and security measures against loss of data. 9.3 If the customer is late in notifying a defect or does not do so in accordance with the provisions of these GTCB, the rights in respect of the defect are forfeited. Rights in respect of defects expire six months after delivery of the software or rectification of a defect or performance of modification as a result of maintenance. The performance of a modification as a result of maintenance does not prevent the time limitation for the previously existent software.
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Defects of Quality. All parts that turn out to be defective due to circumstances prior to the risk transfer will be rectified or replaced with flawless parts, as the Seller might decide. The detection of such defects shall without delay be reported to the Seller in writing. Replaced parts shall become property of the Seller. At the request of the Seller, replaced parts shall be sent back to the Seller on a "freight paid" basis. In the event of a justified defect notice, the Seller will refund the costs of the most inexpensive shipping method; this does not apply if the costs are higher because the delivered item is located at a location other than the location of the intended use.
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Defects of Quality. 10.1.1 If a defect of quality exists at the time of passing of risk, Dematic must initially be given the opportunity to cure the defect within a reasonable time. Cure will take place, at the option of Dematic, in the form of the correction or re- delivery and/or new manufacture. 10.1.2 With respect to software, whose source code is in possession of De- matic and which Dematic is entitled to modify (“Class A“), Dematic may cure the defect of the software, at its option, by providing an update of the software, which only removes the defects, or an upgrade, which also removes defects. 10.1.3 With respect to software, whose source code is not in possession of Dematic or which Dematic is not entitled to modify (“Class C”), Dematic may cure the defect of the software, at its option, either by providing an update or an upgrade if such update or upgrade is available for Dematic or can be obtained by Dematic with reasonable time and effort.
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Defects of Quality. The SUPPLIER warrants that the goods and services to be supplied are free of defects, comply with the specifications as stipulated in the order, have been developed and manufactured in accordance with the state of the art, are usable with-out limitation for the purpose for which they are intended under the terms of the contract and are in compliance with all relevant legal provisions, regulations and di- rectives imposed by governmental authorities and specialist associations. The BUYER undertakes a control upon delivery only in respect of damages which can be detected by exterior inspection and variances in quality and quantity which can be detected from the outside. The notification of any such defect shall be in time if the SUPPLIER receives it within a period of 5 working days from delivery of the goods. The BUYER shall notify any other defects without undue delay as soon as they are discovered within the framework of the ordinary course of business. The notification of any such defects shall in particular be in time if the SUPPLIER receives it within a period of 5 working days, counted in the case of open defects from the end of unpacking the delivered goods at the place of their final destination of ordinary use, and counted in the case of hidden defects, from discovery of the defect. The SUPPLIER waives any and all rights to reject such a notification of a defect as belated. If the unpacking or the discovery of a hidden defect is - within the framework of the ordinary course of business - made by a third party (e.g. a customer of the BUYER) the notification period shall only begin to be counted from the moment the BUYER receives notice of the defect. The BUYER shall be fully entitled to the statutory claims based on defects; the BUYER shall be entitled in any case to demand, at the option of the BUYER, that the SUPPLIER remedy the defect or replace the defective good with a new one. The BUYER expressly reserves the right to damages, including but not limited to the right to damages instead of receiving the goods/services. In case of imminent danger, the BUYER shall be entitled to remedy the defect at the SUPPLIER’s expense. The limitation period of claims based on defects in quality shall be 24 months from the point in time when the delivered goods are complete, free of defects and put into service, and shall end no later than 36 months from delivery. The SUPPLIER is obliged for the purpose of supplementary performance to bear the relevant expenses,...
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Defects of Quality. 8.1 If a defect of quality exists at the time of passing of risk, we cure the defect by means of remedy or subsequent delivery.
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Defects of Quality. 9.1 The customer must examine the objects of performance immediately upon receipt and notify us of any defect discovered without delay, but within two weeks at the latest. This does particularly apply to obvious transport damages, as well as differences in identity and quantity. If the customer fails to notify us, the objects of performance are approved, tak- ing the defect in question into consideration, insofar as it is not a matter of a hidden defect. The regulations of Section 377 HGB (German Com- mercial Code) apply in all other respects. 9.2 If the objects of performance display a defect that was already present at the time of the passing of risk, and if we are notified of it within the time limit, we will, at our own discretion and at our own expense, remedy the defect (rectification) or deliver faultless objects of performance (re- placement). 9.3 If the defect cannot be remedied within a reasonable period, or if subse- quent performance is to be considered to have failed for other reasons, the customer can, at his own discretion, demand a reduction in the re- muneration (reduction of the purchase price) or withdraw from the con- tract (withdrawal). Failure of subsequent performance can only be as- sumed after we have been given sufficient opportunity for rectification or replacement and the subsequent performance has failed to achieve the desired result, after we have refused or unacceptably delayed subse- quent performance, or if our performance is unacceptable for other rea- sons. 9.4 On demand and at our expense, the objects of performance replaced or substituted in the framework of subsequent performance, and their parts, must be placed at our disposal by the customer without delay. They be- come our property. 9.5 The customer does have further claims for reimbursement of expenses and damages owing to the defective objects of performance only in ac- cordance with Clause 11. 9.6 Claims for defects of quality do not exist insofar as the defect is attribut- able to (a) failure to comply with installation, operating or maintenance in- structions, or (b) incorrect or unsuitable assembly, commissioning, treatment, use or maintenance, or (c) use of unsuitable operating materials, or (d) intervention in, or modification of, the objects of performance with- out our prior, written consent on the part of the customer or third parties, or (e) natural wear and tear, or (f) the implementation of customer specifications or instructions by us.
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Related to Defects of Quality

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  • Exclusion of Implied Warranties etc This Agreement expressly excludes any warranty, condition or other undertaking implied at law or by custom or otherwise arising out of any other agreement between the Parties and any representation by any Party not contained in a binding legal agreement executed by the Parties.

  • Disclaimer of Implied Warranties The warranty set forth herein is in lieu of, and ‘Reseller’ expressly disclaims all other product warranties of any kind whatsoever whether express, implied, statutory, arising by course of dealing or performance, custom, usage in the trade or otherwise, any warranty of merchantability, or fitness for a particular purpose, and in any event no such implied warranty has applicability beyond the time period covered by this warranty.

  • Contractor Warranties 7.12.1 If and to the extent Developer obtains general or limited warranties from any Contractor in favor of Developer with respect to design, materials, workmanship, equipment, tools, supplies, software or services, Developer also shall cause such warranty to be expressly extended to TxDOT and any third parties for whom Work is being performed or equipment, tools, supplies or software is being supplied by such Contractor; provided that the foregoing requirement shall not apply to standard, pre-specified manufacturer warranties of mass- marketed materials, products (including software products), equipment or supplies where the warranty cannot be extended to TxDOT using commercially reasonable efforts. TxDOT agrees to forebear from exercising remedies under any such warranty so long as Developer or a Lender is diligently pursuing remedies thereunder. To the extent that any Contractor warranty would be voided by reason of Developer's negligence in incorporating material or equipment into the Work, Developer shall be responsible for correcting such defect. 7.12.2 Contractor warranties (if any) are in addition to all rights and remedies available under the CDA Documents or applicable Law or in equity, and shall not limit Developer’s liability or responsibility imposed by the CDA Documents or applicable Law or in equity with respect to the Work, including liability for design Defects, latent construction Defects, strict liability, breach, negligence, willful misconduct or fraud.

  • Supplier Warranties The warranties made by Supplier with respect to each Product are solely those that are contained in the product insert accompanying such Product. No other affirmation of fact or promise made by Distributor or its Suppliers, whether or not in this Agreement, by words or action shall constitute a warranty. The foregoing warranty does not extend to any Product that is modified or altered, or treated with abuse, negligence or other improper treatment. Standard Limited Warranty. Distributor shall pass on to Subdistributor so that it may pass on to the customers the Supplier’s standard limited warranty for Products, including limitations set for in subsection (b) Limitation of Liability and Warranty below. Except for the stated warranty set forth on, or included with, the Products as delivered to the Subdistributor and /or its customers, the warranty and remedy set forth in this 0 are exclusive and all other warranties, guarantees or representations, express or implied, by Distributor’s Suppliers with respect to the applicable Products, including, without limitation, warranties of merchantability and fitness for particular purpose, and any other obligation or liability of Distributor and its Suppliers to Subdistributor or to any third party with respect to the Products, are hereby excluded. This warranty is contingent upon proper use of a Product in the application for which such Product was intended and does not cover Products that were modified without Distributor or its Supplier’s prior written approval, that have expired or that were subjected to physical, chemical or electrical stress that the products were not originally designed for.

  • Changes to Specifications All Specifications and any changes thereto agreed to by the parties from time to time shall be in writing, dated and signed by the parties. Any change to the Process shall be deemed a Specification change. No change in the Specifications shall be implemented by Catalent, whether requested by Client or requested or required by any Regulatory Authority, until the parties have agreed in writing to such change, the implementation date of such change, and any increase or decrease in costs, expenses or fees associated with such change (including any change to Unit Pricing). Catalent shall respond promptly to any request made by Client for a change in the Specifications, and both parties shall use commercially reasonable, good faith efforts to agree to the terms of such change in a timely manner. As soon as possible after a request is made for any change in Specifications, Catalent shall notify Client of the costs associated with such change and shall provide such supporting documentation as Client may reasonably require. Client shall pay all costs associated with such agreed upon changes. If there is a conflict between the terms of this Agreement and the terms of the Specifications, this Agreement shall control. Catalent reserves the right to postpone effecting changes to the Specifications until such time as the parties agree to and execute the required written amendment.

  • Warranties and Guarantees The Contractor warrants and guarantees that: (a) all information provided, and all representations made by Contractor as a part of the Proposal Checklist or application, if any, submitted to NYSERDA in order to obtain this Agreement were, to the best of Contractor’s knowledge, complete, true and accurate when provided or made; (b) as of the Effective Date, it is financially and technically qualified to perform the Work, and is qualified to do business and is in good standing in all jurisdictions necessary for Contractor to perform its obligations under this Agreement; (c) it is familiar with and will comply with all general and special Federal, State, municipal and local laws, ordinances and regulations, if any, that may in any way affect the performance of this Agreement; (d) the design, supervision and workmanship furnished with respect to performance of the Work shall be in accordance with sound and currently accepted scientific standards and engineering practices; (e) all materials, equipment and workmanship furnished by it and by Subcontractors in performance of the Work or any portion thereof shall be free of defects in design, material and workmanship, and all such materials and equipment shall be of first-class quality, shall conform with all applicable codes, specifications, standards and ordinances and shall have service lives and maintenance characteristics suitable for their intended purposes in accordance with sound and currently accepted scientific standards and engineering practices; (f) neither the Contractor nor any of its employees, agents, representatives or servants has actual knowledge of any patent issued under the laws of the United States or any other matter which could constitute a basis for any claim that the performance of the Work or any part thereof infringes any patent or otherwise interferes with any other right of any Person; (g) to the best of Contractor’s knowledge, there are no existing undisclosed or threatened legal actions, claims, or encumbrances, or liabilities that may adversely affect the Work or NYSERDA’s rights hereunder;

  • Amendments to Clarify and Correct Errors and Defects The parties may amend this Agreement to clarify an ambiguity, correct an error or correct or supplement any term of this Agreement that may be defective or inconsistent with the other terms of this Agreement, in each case, without the consent of the Noteholders, the Certificateholders or any other Person. The parties may amend any term or provision of this Agreement from time to time for the purpose of conforming the terms of this Agreement to the description thereof in the Prospectus, without the consent of Noteholders, the Certificateholders or any other Person.

  • Disclaimer of Other Warranties EXCEPT AS OTHERWISE EXPRESSLY ------------------------------ PROVIDED HEREIN, THE SALE OF THE EQUIPMENT IS HEREBY MADE ON AN "AS-IS WHERE-IS" BASIS. SELLER MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO (i) THE EQUIPMENT, INCLUDING, WITHOUT LIMITATION OF THE FOREGOING, ITS SELECTION, QUALITY, DESIGN, CAPACITY, CONDITION, MERCHANTABILITY OR ITS FITNESS FOR USE OR FOR ANY PARTICULAR PURPOSE AND FREEDOM FROM CLAIMS OF COPYRIGHT OR PATENT INFRINGEMENT OR ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT OR NEGLIGENCE, (ii) THE FREEDOM OF THE EQUIPMENT (OR ANY PART OR PORTION THEREOF) FROM ANY LATENT OR OTHER DEFECT (WHETHER OR NOT DISCOVERABLE), (iii)THE COMPLIANCE OF ANY OF THE EQUIPMENT (OR ANY PART OR PORTION THEREOF) WITH ANY APPLICABLE LAWS OR REGULATIONS, (iv) THE CREDITWORTHINESS OF EACH LESSEE OR ANY OTHER PERSON UNDER THE LEASES AND THE TRANSACTION DOCUMENTS, (v) THE COLLECTIBILITY OF ANY AMOUNT UNDER THE LEASES AND ANY OF THE TRANSACTION DOCUMENTS, (vi) THE TAX CHARACTERIZATION OF THE LEASES, OR (vii) THE DUE AUTHORIZATION, EXECUTION AND DELIVERY BY, OR THE ENFORCEABILITY AGAINST, ANY PERSON WHO IS OR HAS BEEN A PARTY TO THE LEASES AND ANY OF THE TRANSACTION DOCUMENTS (WITH THE EXCEPTION OF THE SELLER) AND SELLER HEREBY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES.

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