HANDOVER OF THE DEVICE Sample Clauses

HANDOVER OF THE DEVICE. 1. Each Device shall be at the place of delivery handed over on the basis of handover protocol, which shall contain the following information: ‐ identification of the Seller, the Buyer and all subcontractors, if there are any, ‐ description of the Device including the list of individual items of the Device, ‐ the list of defects and deficiencies of the Device, if there are any, and the deadlines for their removal, ‐ the signature and the date of the handover (hereinafter the “Handover protocol”). 2. Instructions and manuals shall be attached to the Handover protocol. 3. The delivery of each Device marks the passage of the risk of damage to each Device from the Seller on the Buyer; however, this passage of risk of damage does not in any manner prejudice the Seller’s liability for damage due to the defects of the Device. 4. The Buyer shall not be obliged to take over the Device with defects or deficiencies, regardless of the fact that such defects or deficiencies may not compromise the functionality and use of the Device. Should the Buyer not exercise its right not to accept the Device even when manifesting defects or deficiencies, the Parties shall list these in the Handover Protocol, including the manner and deadline for their removal. Should the Parties not specify a deadline for the removal of defects or deficiencies in the Handover protocol, then these must be removed within 14 days from the date of the handover.
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HANDOVER OF THE DEVICE. The Device shall be at the place of installation handed over on the basis of handover protocol, which shall contain the following information: identification of the Seller, the Buyer and all subcontractors, if there are any, description of the Device including the list of individual items of the Device, the list of defects and deficiencies of the Device, if there are any, and the deadlines for their removal, the signature and the date of the handover (hereinafter the “Handover protocol”). Instructions and manuals and other documents in the extent specified in the RSD shall be attached to the Handover protocol. The delivery of the Device marks the passage of the risk of damage to the Device from the Seller on the Buyer; however, this passage of risk of damage does not in any manner prejudice the Seller’s liability for damage due to the defects of the Device. The Buyer shall not be obliged to take over the Device with defects or deficiencies, regardless of the fact that such defects or deficiencies may not compromise the functionality and use of the Device. Should the Buyer not exercise its right not to accept the Device even when manifesting defects or deficiencies, the Parties shall list these in the Handover Protocol, including the manner and deadline for their removal. Should the Parties not specify a deadline for the removal of defects or deficiencies in the Handover protocol, then these must be removed within 14 days from the date of the handover. IX. WARRANTY The Seller shall provide the warranty for the Diffractometer for a period of 60 months, the warranty for the Source and X-ray optics for a period of 36 months and the warranty for other components of the Device for a period of 36 months. The warranty period shall commence on the date of the signature of the Handover Protocol. However, if the Device is taken over with defects or deficiencies, the warranty period shall commence on the date of the removal of the last defect or deficiency by the Seller. Intentionally omitted. The Buyer shall raise a claim for removal of a defect of the Device without undue delay after discovering the defect, but not later than on the last day of the warranty period, by means of a written notice sent to the Seller’s authorised representative for technical matters set out herein (hereinafter the „Warranty Claim“). An email is considered to be an adequate way to initiate a warranty claim. Warranty Claim sent by the Buyer on the last day of the warranty period shall be d...
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