Guarantee Liability. 1. If the debt of the Master Contract is mature or Party B announces the debt is mature in advance as provided in the Master Contract or laws, or the debtor does not fulfill the debt enough on time, or the debtor breach the other agreement of the Master Contract, Party A shall bear the guarantee liability in the scope of the guarantee immediately.
2. Party A’s guarantee liability hereunder shall not be reduced and exempted, no matter whether the debt of the Master Contract to Party B is supported by other securities (including but not limited, Guarantee, Mortgage, Pledge, Credit Insurance, SBLC etc.), no matter when the foresaid securities is started, whether effective or not, whether Party B has claimed to other guarantors or not, and whether the third party agree to bear the whole and part of the debt of the Master Contract or not, and whether the other securities are provided by the debtor itself, Party B has right to ask Party A bear the guarantee liability in the scope of the guarantee in the Master Contract, Party A shall not give any objection.
3. If Party A only provides guarantee for the part of the debt of the Master Contract, then Party A agrees, if any, because of the repayment from the debtor, Party B realizing other security right or any other reasons causing the debt of the Master Contract to be settled in part, Party A shall still bear the guarantee liability for the remain debt in the scope of the guarantee of the Master Contract.
4. If Party A only provides guarantee for the partial debt of the Master Contract, and the debt of the Master Contract is still not repaid wholly after the guarantee is made, then Party A promises, to claim the subrogation to the debtor or other guarantors, which will not hurt party B’s interests, and agrees the debt of the Master Contract shall be settled prior to Party A realizing the subrogation of its own Specifically, before the debt of Party B is settled wholly:
(1) Party A agrees, not to claim the subrogation of the debtor or other security; in case of any reason, Party A realizes the foresaid right, then Party A shall use the money to repay the debt not settled first;
(2) If the debt is supported with security in property, Party A agrees not to perform the subrogation or others to claim the collateral or the money of the disposal, Party A shall use the money to repay the debt not settled first;
(3) If the debtor or other security provides countersecurity for Party A, then Party A shall use the money from ...
Guarantee Liability. 2.1 The guarantee under this contract is a joint and several liability guarantee.
2.2 The scope of the guarantee is the principal and interest, compound interest, penalty interest, liquidated damages, damages and the cost of realizing the creditor's rights under the principal contract. Expenses for realizing claims include but are not limited to collection fees, litigation fees (or arbitration fees), preservation fees, announcement fees, execution fees, attorney fees, travel expenses and other expenses.
2.3 The guarantee period shall be calculated separately according to the performance periods of each principal debt agreed in the principal contract (in the case of issuing bank acceptance draft/letter of credit/letter of guarantee, according to the date of advance payment by the creditor). The guarantee period under each principal debt shall be from the date of expiration of the performance period of such principal debt (or the date of advance payment by the creditor) to two years after the date of expiration of the performance period of the final principal debt due under the entire principal contract (or the date of advance payment by the creditor). If creditor and debtor agree that the debtor can stage to perform the payment obligations, the guarantee period of the principal debt shall be calculated separately according to each repayment obligation, from the date of expiration of the performance period of each repayment obligation (or the date of advance payment by the creditor) to two years after the date of expiration of the performance period of the final principal debt due under the entire principal contract (or the date of advance payment by the creditor). If the creditor announces that any principal debt is due early, the expiry date of the performance period of the principal debt shall be subject to the announced early maturity date.
Guarantee Liability. 13.1 Seller guarantees that the work is performed according to recognised standards of good workmanship. Seller also guarantees that the Goods complies with applicable laws and regulations, current technical standards and is in conformity with the purchase order, drawings and specifications, and that any design performed by Seller is fit for the intended purpose of the Goods. Seller further guarantees that materials and equipment used are new and of high quality.
13.2 Unless otherwise agreed, the guarantee period expires 24 months after the Goods have been taken into use for its intended purpose, but not later than 36 months after delivery.
13.3 If Seller has performed rectification work during the guarantee period, a new 24 months’ period shall apply for the rectified parts of the Goods from the date of completion of the rectification work.
Guarantee Liability. 2.1 The guarantee under this Contract is joint-liability guarantee.
2.2 The scope of guarantee includes principal and interest, compound interest, penalty interest, liquidated damage, compensation for damage and expenses for enforcement of credit claims under the Principal Contract. The expenses caused in enforcement of credit claims includes but not limited expense to press for payment, litigation fee (or arbitration fee), conservation fee, publication fee, enforcement fee, lawyer fee, travel expense and other expenses.
2.3 The guarantee period shall be counted separately based on debt paying deadline agreed in each Credit Use Application under the Principal Contract. The guarantee period under each Credit Use Application shall commence from the date when the debt paying deadline agreed in such Credit Use Application expires until two years after the debt paying deadline agreed in the last Credit Use Application under the Principal Contract expires. . If any Credit Use Application under the Principal Contract provides that the Debtor may pay its debt by installments, the guarantee period of such debt shall commence from the date when each installment's debt paying deadline expires until two years after the date when the last installment's debt paying deadline expires. The date of maturity of the debt under issuance of bank acceptance, letter of credit or security bond shall be the date when the creditor makes advance disbursement. If the Creditor declares earlier expiry of all debt under the Principal Contract, such earlier expiry date declared shall be the date when the debt paying deadline expiries.
2.4 In accordance with provisions of Article five of Security Law of People's Republic of China, both parties of this Contract specifically agree that: the effect of this Contract shall be independent from that of the Principal Contract; the nullification of the Principal Contract or relevant provisions thereof may not affect the effect of this Contract. The Guarantor shall bear joint liability for returning liability or compensation liability to be born by the Debtor after the Principal Contract is invalid.
Guarantee Liability. 7.1 The customer shall examine the supplied goods immediately after the arrival at the destination also in case of previous supply of samples or specimen and especially inspect them for measurement and quantity as well as their external features and quality. The delivery shall be regarded as approved if no defect complaint could be determined within eight (8) days after the arrival of the goods at the destination or if the defect could not be recognized at the examination, if it has been received by us within eight (8) days after its discovery in written form with an exact description of the defect. Defect complaints shall always be sent to us. A complaint towards sales representatives is not sufficient. The freight forwarder shall immediately be informed about transport damages in accordance with the duties of disclosure of the German Freight Forwarders‘ Standard Terms and Conditions.
7.2 If a notification of defects is justified and has been made in due time we shall provide at our option post performance in the form of rework or compensation delivery if the customer is an entrepreneur. If the customer is a consumer, he first of all shall have the choice whether our post performance shall be carried out through rework or compensation delivery. We shall be authorized, however, to refuse the type of selected post performance if it is only possible with unreasonable costs and the other type of post performance remains without essential disadvantages for the customer.
7.3 If a rework or compensation delivery finally fails, the customer shall reduce the purchase price or withdraw from the contract. In case of unessential defects the purchaser is not entitled to withdraw. If the customer decides to withdraw from the contract after failed post performance, he shall not be entitled to claim for damages due to the defect.
7.4 The aforementioned regulations comprise the liability for defects for our goods. We particularly shall be liable for all other claims for damages to which the customer is entitled due to or in connection with defects of the supplied goods, regardless of which legal reason, exclusively in accordance with the clause 7.5 and 7.
7.5 For claims for damage due to culpable acts, regardless of which legal reasons, among others delay, defective delivery, breach of duties resulting from an obligation or duties at contractual negotiations, prohibited action, product liability (except liability according to the product liability law), we shall only be l...
Guarantee Liability. If the Debtor fails to make payment to the Mortgagee as agreed on any normal repayment date or early repayment date under the Master Contract, the Mortgagee shall have the right to exercise the hypothec in accordance with the law and the provisions of this Contract, and shall be given priority for repayment of the collateral within the maximum amount specified in Article 3 of this Contract. The normal repayment date referred to in the preceding paragraph is the principal repayment date, interest payment date, or the date on which the Debtor is required to pay any amount to the Mortgagee as specified in the Master Contract. The early repayment date referred to in the preceding paragraph refers to the early repayment date proposed by the Debtor with the consent of the Mortgagee, as well as the date on which the Mortgagee requests the Debtor to recover the principal and interest of the debt and/or any other payments in advance according to the contract and other agreements.
Guarantee Liability. 10.1 The Parties shall properly perform, to the best of their knowledge and taking into account the current statě of the art, all works assumed by them under this Agreement in accordance with the obligation of due care binding upon it. None of the Parties gives any warranties conceming the accuracy and completeness of information disclosed and of objects transferred or conceming the non-existence of rights of third Parties.
10.2 The Parties shall mutually waive any claims for themselves and their staff members in respect of any damage resulting from the performance of this Agreement except in čase of intention or gross negligence, insofar as there are no mandatory liability provisions. In cases of gross negligence, liability for indirect damage is excluded. The respective liability for their interactions with third parties shall not be affected by this waiver.
10.3 The limitations of liability and warranty shall also apply in favor of the goveming bodies, employees and representatives of the parties.
Guarantee Liability. The Maximum Guaranteed Amount of the Guarantee less (without double counting) each of the following:
Guarantee Liability. 7.1 The guarantee given by the Company differs from product to product; details and duration are given on the Company's website.
7.2 The guarantee is only valid if the equipment is correctly installed in accordance with the installation instructions and current industry standard practices. 7.3 Correct application and maintenance is also essential to validify the guarantee.
7.4 The guarantee covers components failing due to manufacturing defects only and specifically excludes labour, direct and consequential losses.
7.5 The Company reserves the right to charge the Buyer for replacement components and associated costs for claims falling outside the guarantee terms.
7.6 The guarantee period starts from the date of the invoice for supply of the goods covered by the guarantee.
7.7 If the invoice is not available, the date of production will be used based on the product identification number.
7.8 The Company shall not in any circumstances be liable for any loss (direct or indirect) of profits, business, reputation or goodwill.
7.9 The Company's total liability to the Buyer in respect of any loss arising under or in connection with the contract shall in no circumstances exceed the price of the goods.
Guarantee Liability. 7.1 The author guarantees that his work and its publication, including all images and text material, does not infringe upon the copyright of third parties. The author further ensures that he is solely entitled to dispose of his work in accordance with this author’s contract and that his work does not contain any data/material of third- party copyright holders and that he has not made any other agreements as to the rights which run contrary to this contract.
7.2 In this respect the author releases the publisher fully of all claims of third parties, including the full extent of costs of legal defence and/or legal pursuit. This also applies to defects of the work that the author may be responsible for.
7.3 Furthermore, the author guarantees that he holds the exploitation rights of his work and that these rights have not been transferred to any other legal or judicial person. The full text server of scientific libraries is excluded from the non-exclusive transfer of these exploitation rights. The author also guarantees that publication of his work does not conflict with any academic examination regulations or any other regulations. If the author wrote his work in cooperation with or within an organisation (e.g. as an intern, in companies, associations, institutions or the like), he has to guarantee that he alone holds permission to publish his work and is alone entitled to its commercial exploitation. In case of an unauthorised publication, the author is solely liable.
7.4 In terms of copyright law the publisher depends on the author's information. In case the work infringes upon any rights, especially the copyright of third parties due to the failure to inform, the author is solely liable.
7.5 The publisher is not responsible for the published contents and is not liable for the consequences that may arise through the publishing of illegal contents.
