Guarantee and Liability. The guarantee conditions of the manufacturers apply to commercial goods. Unless otherwise agreed, the guarantee shall be limited to the quality of the products. The guarantee period begins on the day of invoicing. Notification of defects must be made in writing within eight working days from the invoice date and must be substantiated. As soon as a defect has been noted, immediate written notification must be made, otherwise the goods count as accepted also with respect to this defect. The claims of the purchaser invariably lapse if they are not asserted in court within 30 days of dispatch of the goods. The guarantee granted by us on our products comes into force only when the following conditions are satisfied:
a) the customer has fulfilled all his payment obligations;
b) the operating and installation directions have been observed; it is up to the customer especially to prevent harmful environmental effects. We reject any liability for damages resulting from such effects. We assume warranty for all faults occurring within the guarantee period as long as they have been shown to result from poor material or defective fabrication. The guarantee liability for electronic components such as semiconductors, semiconductor circuits and modules as well as electro-technical components lapses when they are soldered in place. Our liability is restricted, by our choice, to the replacement of defective products or parts or to reimbursement of the reduced market value of the goods as Our product specifications are based on experience, theoretical considerations or experimental results obtained in the laboratory under appropriate conditions. They are consequently not binding for us and should be checked by the customer under close-to- practice conditions. Every user or consumer of our products should check their suitability for his intended purpose before using them. He expressly accepts all risks associated with the use of the product and bears sole responsibility for any resulting damages. Defective products or constituents may be sent to us only after prior notification and with our agreement. Transport costs for products or parts that are sent to as defective shall be borne by the customer. With the defect notification we acquire the right to have the notified damage checked by an employee or expert of our choice. If the goods are not recognized by us as defective, the customer shall bear the costs for the necessary checks and examinations. Any parts to be replaced be...
Guarantee and Liability a) The licensor assures the Company that - the licensor has unrestriced control of all rights on the subject of the license; - that the subject of the license and the granting of the usage and exploitation right does not violate any contractual, regulatory or legal provisions or other third party rights; - that the licensor has observed the code of conduct included in Annex B with respect to the subject of the license.
b) The licensor undertakes to indemnify the Company from all claims of third parties and any related defense costs arising from the fact that the foregoing assurances are incorrect.
c) The Company shall be liable without limitation for intent and gross negligence, with its liability, however, limited to breach of contractual obligations for ordinary negligence. The liability for breach of such a significant contractual obligation liability is limited to the contractually typical damage that was to be expected at the conclusion of the license agreement due to the circumstances known at that time. These limitations of liability also apply to directors, employees, other representatives and vicarious agents of the Company. The obligation to pay damages for injury to life, limb and health as well as the liability under the Product Liability Act remain unaffected by the above provisions in any case.
Guarantee and Liability. The Contractual Partners are responsible for using scientific due diligence and respecting the commonly recognised technical standards, but are not responsible for the actual achievement of a research or development objective. If necessary, insufficiently or wrongly documented research services shall be revised or completed within the appropriate extended period of time.
Guarantee and Liability. (1) The Licensor is not responsible for the content provided by the customer. In particular, the licensor shall not be obliged to check the content for any illegalities. If a third party brings an action against the customer for a possible copyright infringement of the contents of the licence, the customer shall in no case assert a claim against the licensor. The licensor rejects any responsibility in this area.
(2) The licensor is liable for the content created by the licensor. The licensor is also liable for the data protection and data storage. Both liabilities do not apply to content created for the licensor by a third party.
(3) The validity period of the customer's warranty claim is the license term. The licensor reserves the right to refuse all warranties after the 90-day period if outstanding invoices are not paid.
(4) The warranty expires if the customer causes damage to the license by negligence with a license with customer access. The repair of these damages will be charged to the customer according to § 7.
(5) In case of repeated negligence on the part of the customer with a license with customer access, the licensor reserves the right to block the customer access.
(6) The licensor reserves the right in case of illegal use of the license by the customer to deactivate the license without prior warning and to forward the case to the responsible authorities.
(7) If the licensor advises the customer, the licensor shall not be liable for the implementation of the advice given to the customer.
(8) In the case of licenses with customer access, the licensor assumes no liability whatsoever for the data created, collected and/or published by the customer.
Guarantee and Liability. 1. Limitation of liability in terms of grounds: The customer shall only be entitled to claims for compensation or claims for the refund of expenditure incurred in vain because of breaches of duty or if performance due from us is either not made at all or is not made in accordance with our obligations, because of delay or in the event of defects, in respect of the following:
1.1. loss arising from loss of life, physical injury or damage to health, based on a breach of duty on our part which is at least negligent or on an intentional or negligent breach of duty by one of our lawful representatives or vicarious agents,
1.2. other losses which are based on a breach of duty on our part which is at least grossly negligent or on a breach of duty, which is at least grossly negligent, by one of our lawful representatives, executives or vicarious agents or on the breach on our part, being a breach which is at least negligent, of obligations which are essential to the contract (a cardinal obligation) or on a breach of duty, being at least a negligent breach, by one of our lawful representatives, executives or vicarious agents, and
1.3. losses which come within the scope of a warranty provided by us (a guarantee under Section 276(1) of the German Civil Code) or a warranty as to qualities or useful life (Section 443 of the German Civil Code).
2. Limitation of liability in terms of quantum: Where our liability in respect of ordinary negligence and our liability in respect of grossly negligent conduct by our vicarious agents who are not lawful representatives or executives is not excluded under subclause 1, we shall only be liable in respect of the loss typically to be expected at the time when the contract is entered into and for the refund of expense incurred in vain only up to the amount of the interest in performance. In respect of loss of data or damage thereto, we shall only be liable for the cost of restoration where proper back-up copies are available.
3. Liability resulting from precontractual debt relationships and business contacts: The above subclauses shall also apply to claims by the customer for compensation arising from debt relationships which come into existence as a result of the commencement of contractual negotiations, initiating a contract or similar business contacts. If a contract comes into existence between us and the customer, the customer shall be deemed to waive claims for compensation which would not be justified under the above provisions w...
Guarantee and Liability. 1. With due observance of the period referred to in paragraph 2, we accept responsibility for the occurrence of defects in the parts or materials fitted or installed and the Work only if:
a. the Work and all the activities, innovations, modifications and deliveries deemed necessary in our opinion have been carried out in full;
b. we have determined the manner of performance of the Work, the management thereof and the number of mechanics and auxiliary personnel to be deployed;
c. The Customer has refrained from any form of intervention in the nature and/or performance of the Work.
2. We grant a twelvemonth warranty on the Work performed with due observance of paragraph 1 of this article and on the parts and materials installed or fitted, which period commences after the Work has been completed by us, regardless of whether or not the product is then put into operation. Defects that have come to light within that period as a result of faulty parts or materials inserted or insufficient workmanship on our part or on the part of our used employees - at its discretion - shall be remedied on the same terms and conditions as referred to in Article X paragraph 5 of Part A of these General Terms and Conditions, provided that they have been reported to us in writing within 8 days of the first occurrence of the defect.
3. Warranty claims shall lapse if:
a. the product has been used improperly;
b. instructions for use provided by us and/or instructions or directions given by us have not been complied with;
c. the defects have been repaired by third parties.
4. The warranty period as set out in paragraph 2 shall not be extended after the defects mentioned therein have been remedied.
5. Parts and materials delivered by us but not assembled by it shall not be covered by the warranty in the event of proven incorrect assembly. Parts and materials not delivered by us are not guaranteed for that specific part.
Guarantee and Liability. 1. Without prejudice to the right of Plus Machinery to appeal to an act of god, it is responsible for the correct execution of the agreement. This is only true insofar that Plus Machinery was free to execute that agreement at their own discretion. Lacking that arises from normal wear and tear, improper treatment or improper or incorrect maintenance or lacking that arises after modification or repair by or in the name of the Client, remain outside of the guarantee and can not lead to the liability of Plus Machinery. Plus Machinery does not give any guarantee and does not accept any liability for machines, matrices, tools, installations, instruments or any other type of supplied articles that were (mainly) not new at the moment of delivery. Plus Machinery does not guarantee goods - and does not accept liability for such - that have been assembled by them, yet have not been delivered by them as well. Each right of claim on Plus Machinery is annulled as soon as the goods that have been delivered by her are not used with consideration to the valid standards by the government and/or according to traffic interpretations and/or possible instructions of use, provided by Plus Machinery, and if it is certain that this negligence has influenced the origin of the damage. This means in particular excessive loading or incorrect storage. Apart from this, all liability of Plus Machinery is also annulled if the Client assembles or removes the goods incorrectly or performs repairs or modifications himself. External influences such as magnetic fields and distorting frequencies as well as natural wear and tear are also not for Plus Machinery' account. Slight deviations of models, colours, sizes as well as modification of the product, as a result of an adjustment to the latest position of the technology do not result in a default of Plus Machinery.
2. If Plus Machinery recognises a default in writing or if this default is certain, considering what is stated in these terms, Plus Machinery has the right to communicate to the Client that it will proceed to a revival of the deviant case, or as the case may be, delivery of the missing goods. In case Plus Machinery proceeds to deliver at short term after this notification, this means that the agreement has been observed correctly and the Client does not have any right for compensation. Assembly or disassembly of parts is however always on the account of the Client. The Client must at all time offer Plus Machinery the chance to repair...
Guarantee and Liability. 16.1 We warrant that the products delivered by us are free from manufacturing and material defects.
16.2 Warranted characteristics are only those which are expressly designated as such in the order confirmation or instructions for use. The assurance is valid at the latest until the expiry of the warranty period.
16.3 The warranty for defective products is 24 months. It begins with the dispatch of the delivery ex works.
16.4 If the products are defective, the customer may demand a replacement delivery or correction of the defect by us during the warranty period. Replaced parts become our property.
16.5 If a defect is not remedied within a reasonable period of time, the customer may demand a reduction in the purchase price.
16.6 The warranty shall expire prematurely if the customer or third parties make improper modifications or repairs or if the customer, in the event of a defect, does not immediately take all suitable measures to reduce the damage and gives us the opportunity to remedy the defect.
16.7 Excluded from warranty and liability are damages which are not demonstrably caused by bad material, faulty construction or faulty execution or which are due to other reasons beyond our control.
16.8 Due to defects in material, construction or execution, the customer has no rights and claims other than those expressly mentioned in Articles 16.4 and 16.5.
16.9 All cases of breach of contract and their legal consequences as well as all claims of the Buyer, regardless of the legal grounds on which they are made, are conclusively regulated in these conditions. In particular, all claims for dam- ages, reduction, and cancellation of the contract or withdrawal from the con- tract not expressly mentioned are excluded. Any liability for consequential damages is excluded, unless mandatory liability regulations contradict this.
Guarantee and Liability. 17.1 The Supplier guarantees that all goods supplied and/or work and services performed are of first-class design, construction, manufacture, material, composition and quality, that they are performed competently, that they satisfy "state-of- the-art" techniques, that they are in accordance with drawings, other information, the standards and specifications used by Fastned and the requirements stipulated in the Agreement, that they are suitable for the envisioned use and that they are safe and compliant with any government regulations.
17.2 The Supplier is liable for all costs and damage that may result for Fastned, its employees and/or assistants as a consequence of any failure on the Supplier's part to comply with its obligations as well as for any damage to Fastned, its employees and/or assistants which may be caused by the Supplier, its personnel, by persons or companies and assistants engaged by it and/or as a result of defects in the goods it has delivered or will deliver, or the performance of work. The Supplier shall also indemnify Fastned against all detrimental effects in connection with third-party claims, including third-party claims due to product liability as the result of a defect in a product that is supplied by Fastned to a third party and that (partially) consisted of products and/or materials supplied by the Supplier.
17.3 The Supplier commits to grant a guarantee period in which the Supplier is required to ensure the repair of defects or resupply of goods free of charge, regardless of the reason for the defect and without prejudice to the Supplier's liability under the Agreement.
17.4 The guarantee period of the Supplier shall be at least 24 months after the goods/work are/is put into operation, unless the parties agree otherwise in writing.
17.5 The Supplier shall indemnify Fastned, its employees and assistants engaged by it for performance of the Agreement against any third-party claim in connection with the Supplier's performance.
17.6 In connection with the Supply of goods and/or Performance of work, the Supplier shall strictly comply with national or international government-imposed export, import and usage restrictions. It shall indemnify Fastned against any damage that arises for Fastned by any violation of these restrictions.
Guarantee and Liability. 5.1 LTD shall provide the Software without any guarantee obligation or any warranty as to its features and gives no guarantee that the Software is free from faults or that the Software is suitable for any particular purpose. In particular there will be no warranty that the Software will not infringe any Patent, Copyright, Trademark or other Intellectual Property Rights of third parties.
5.2 LTD shall be liable only in respect of gross negligent or deliberate acts. Any liability for consequential damage and pecuniary loss shall be excluded.
