Liability for defects. 5.1 The Customer is required to inspect the delivered Products without undue delay after delivery and to report any defects.
5.2 The delivered Products are deemed to have been approved if XXXX, with regard to obvious defects, obvious shortages or other defects which were or would have been identifiable in the course of an immediate, careful inspection, has not received notifi- cation of the defect within 7 days of delivery of the product, or otherwise – in the case of unclear or hidden defects – within 7 days of the discovery of the defect or the time at which the defect was identifiable to the Customer in the course of normal use of the Product without closer inspection.
5.3 In the event of a justified complaint, the Customer will be entitled to two attempts to rectify defects or make a replacement delivery at XXXX'x discretion free of charge within a reasonable period of time. Shortages will be delivered subsequently. If two attempts to rectify defects or make a replacement delivery within a reasonable period of time are unsuccessful, the Customer will be entitled to the statutory rights, subject to the provisions of clause 7. Subsequent performance will include neither removal of the defective item nor reassembly if XXXX was not originally required to carry out assembly. The expenses required for the purpose of inspection and subsequent performance, in particular transport, travel, labour and material costs (not: removal and assembly costs), insofar as these are not increased because the subject matter of the contract is located at a place other than our Customer's place of performance, will be borne by XXXX if there is actually a defect. Otherwise, XXXX may demand compensation from the Customer for the costs incurred by the unjustified request for rectification of the defect (in particular inspection and transport costs), unless the lack of defectiveness was not identifiable for the Customer. XXXX can refuse to rectify defects or make a replacement delivery if the Customer does not fulfil its payment obligations towards XXXX to an extent that corresponds to the defect-free part of the service provided.
5.4 No warranty will be assumed, in particular, in the following cases: Unsuitable or in- correct use by the Customer or by third parties instructed by the Customer, in particular through the use of insufficiently qualified personnel, faulty assembly or commission- ing, natural wear and tear (wearing parts), faulty or negligent handling, improper mainten...
Liability for defects. Aptum is dependent on manufacturers and developers of the Branded Products for updates and patches, including security patches, and will have no liability to Customer, Customer’s Users or any third party with respect to security vulnerabilities inherent in the applicable Branded Products.
Liability for defects. With the exclusion of further claims, we shall be liable for the following defects in delivery:
10.1 We must be immediately informed of any defects in writing. If the Buyer fails to notify us in a timely manner, the delivery shall be deemed accepted according to the contract.
10.2 In the case of a defect that renders the product demonstrably unusable or significantly restricted in its usability that can be attributed to an event that occurred prior to the transfer of risk – in particular due to faulty design, substandard building materials or poor workmanship – we are at liberty to decide whether to repair or replace the faulty product. In the case we elect to replace the faulty product, the received goods shall become our property.
10.3 If we seriously and definitively refuse to repair or replace the faulty goods due to disproportionately higher costs, or fail in our efforts of subsequent performance, or the Buyer is unreasonable, the Buyer is at liberty to demand a reduction in the price, to withdraw from the contract or seek compensation for damages within the framework of the limitation of liability as per Sections 10.10 and 10.11 in place of demanding repair or replacement. However, in the event of an insignificant contractual violation, particularly for insignificant defects, the Buyer shall not be entitled to withdraw from the contract.
10.4 Insofar as the Buyer’s complaint is justified, we shall bear the costs of the replacement part ex-works arising from the direct costs incurred by the repair or replacement. The Buyer shall bear all other costs, including travel and assembly costs. If the defect occurs at a location situated more than 100 km away from our production facilities in Regenstauf, the Buyer is obligated to return the faulty goods to our Regenstauf production facilities at our expense, if we so request. We shall pay the required shipment costs.
10.5 We shall not assume any liability for delivered parts that are subject to premature wear and tear as the result of their material composition or the way in which they are used. We shall likewise not assume any liability for damages resulting from inappropriate or improper use, faulty assembly or commissioning by the Buyer or a third party, natural wear and tear, incorrect or negligent handling, excessive loads, inappropriate working materials, the entry of foreign bodies, defective work undertaken on the goods by a third party or outside influences.
10.6 We shall only be liable for third-par...
Liability for defects. 6.1 A Product which is not in conformity with the agreed specification shall be considered deficient, unless the non- conformity is without significance for the intended use of the Product. The Supplier’s liability for other defects is limited to defects caused by defective construction, materials or manufacturing.
6.2 Information regarding the use of the Product or other information about the Product, which is not expressly part of the agreed specification and which is provided by the Supplier, regardless of the form in which the information is provided, shall only be regarded as recommendations or general information. The Supplier is not liable for such information.
6.3 The Supplier is only liable for defects which manifest within one year from the day that the risk for the Product passed to the Purchaser (guarantee period). The guarantee period shall never exceed the lowest of 1,760 operating hours or the expected operating time, if the expected operating time is less than 1,760 operating hours. The guarantee period does not include wear components which normally have a durability of less than one year. The Supplier is not liable for defects which are caused by inaccurate, ambiguous or incomplete information from the Purchaser. Furthermore, the Supplier is not liable for defects which are caused by circumstances which occur after the risk for the Product has passed to the Purchaser, such as, but not exclusively, defects caused by ordinary wear or deterioration.
6.4 The Supplier undertakes to, at its own discretion, during the guarantee period, without a right to remuneration, deliver a new Product as replacement for a deficient Product, or to remedy the deficiency. The Supplier is not liable to pay for replacement media or replacement fluids, such as e.g. refrigerating media. Remedying may occur either at the Supplier’s premises or at the Purchaser’s premises, depending on which the Supplier determines appropriate. Replacement products or replacement parts, which the Supplier has provided to the Purchaser, are subject to the guarantee period set out in item 6.3. Should the Supplier claim ownership of a Product or part of a Product which has been replaced, the title of ownership to such Product or part of a Product shall pass to the Supplier. Possible demolition costs shall be paid by the Purchaser.
6.5 The Purchaser shall bear the cost and risk of transportation of a deficient Product or part of a Product to the Supplier. The Supplier shall bear the cos...
Liability for defects. The Partner shall warrant that its development works are free from defects. The statutory provisions applicable to contracts for work and services (Werkvertrag) – including the provisions which govern the statute of limitation – shall apply to defects.
Liability for defects. 1. In the event of the delivered goods showing defects that were already in existence at the time of risk transfer, the Supplier shall repair or deliver replacement goods as long as a complaint about the defect has been submitted on time. The Supplier shall be granted sufficient opportunity to repair the goods within a reasonable period or grace. Depending on the type of products, their weight, number of metres, number of units and dimensions may deviate by up to 10% upon delivery, both with regard to the final total and individual partial deliveries. The DIN tolerances shall apply to complaints regarding DIN standard goods.
2. In the event of a mutual trading transaction, the Buyer shall submit written complaints about any defects that are recognisable during an inspection during the proper course of business immediately, but no later than after five working days. Failure to do so shall result in the delivery being deemed to have been approved. In the event of a defect being detected at a later date, a complaint shall be submitted and any processing and/or finishing work discontinued immediately. Should the Buyer use the goods despite the defect or should the Buyer fail to submit a complaint immediately, the Supplier shall generally assume that the goods are suitable, which shall exclude a justified defect.
3. The actual processing of a complaint about defects shall not justify non-compliance with the provisions in sections 1 to 2.
4. If the complaint proves to be justified, the Supplier shall subsequently fulfil the Agreement by rectifying the defect or delivering non-defective goods free of charge and free of shipping costs, as requested by the Buyer, and depending on the type of product, also according to weight (metre for metre, etc.). Sections 1 to 3 shall apply to the approval of the replacement goods. Expenses incurred by the Buyer for installation and removal of items within the scope of the subsequent fulfilment shall be limited to the value of the goods if the Buyer performs, or engages a third party to perform, the installation and removal. Should a defect occur, the Buyer shall give the Supplier the opportunity to remove and re-install the defective item, unless the Buyer receives a justified claim by way of supplier recourse (Section 445a BGB). Defect claims shall not arise in the case of defects caused after the risk transfer due to incorrect or negligent handling, overuse, unsuitable or insufficient processing or particular external effects...
Liability for defects. BHJ is only liable for material defects in the goods and provided that the Purchaser has complained about a material defect within the deadline set out in section 10 and the complaint is justified. If the Purchaser established that BHJ can be held liable for the defects, BHJ shall in its sole discretion and as its sole obligation replace the delivery, remedy the defect, or offer the Purchaser a proportional price reduction, whereupon the defect shall be deemed to be fully remedied. The Purchaser is not entitled to compensation for losses including loss of business opportunities, loss of profit, loss of time or other indirect losses and BHJ´ total liability is limited in accordance with section 13. Clause 3 shall apply to delays in respect of replacement deliveries. If goods are used as a component or ingredient in the Purchaser's products and a material defect in the goods causes damage to such products or results in a loss for the Purchaser, BHJ is subject to a timely and justifiable complaint according to sections 10 and 11 liable for the Purchaser's documented direct loss. The Purchaser is not entitled to compensation for other losses including loss of business opportunities, loss of profit, loss of time or other indirect losses and BHJ' total loss is limited in accordance with section 13.
Liability for defects. 8.1 The Seller warrants to the Buyer that the ordered goods or services are free of defects and legal imperfections in ti- tle at the time of the passage of risk.
8.2 If the Buyer informs the Seller of the intended use and place of use of the goods to be supplied, the Seller war- rants that its delivery and service are suitable for that use and place.
8.3 If a defect or imperfection in title exists, the Buyer shall be entitled to statutory warranty claims without reduction, unless otherwise agreed.
8.4 In principle, the Buyer shall have the right to select the manner of remedy. If the Seller does not begin with subse- quent remedy as part of the Agreement, i.e. rectification of defects or delivery of a substitute, as soon as it has been requested to do so by the Buyer, the Buyer shall have the right in urgent cases, in particular to avert danger or avoid/limit damage, to carry out the manner of remedy se- lected by the Buyer, or to have it carried out by a third par- ty, at the expense of the Seller. The Buyer shall have the same right if rectification of defects or delivery of a substi- tute fails or is refused.
8.5 If claims are asserted against the Buyer due to the in- fringement of third-party rights in connection with the Sell- er’s delivery/service, the Seller shall be obliged to indemni- fy the Buyer against these claims upon written request. The Seller’s obligation to indemnify the Buyer shall relate to ex- penses necessarily incurred by the Buyer from or in con- nection with the claims asserted against it by a third party.
8.6 Claims for defects shall become time-barred – except in cases of intention to deceive– in 36 months starting from the passage of risk, unless otherwise agreed. If the Seller meets its obligation to remedy a defect by supplying substi- tute goods, the period of limitation for said goods shall commence anew after they have been delivered.
Liability for defects. 12.1 Supplier warrants that, during the period defined below (“Warranty Period”), the Equipment and Spare Parts will be free of defects in material and workmanship and in conformity with the agreed specifications. The Supplier also warrants that it will use reasonable skill and care in performing any Services and in providing any Software under the Contract.
12.2 The Warranty Period in respect of the Supply and Services supplied starts at Delivery and expires either i) twelve (12) months after the date on which the Vessel is handed over to the Buyer’s customer or the Supply has been taken into use, including use of the Equipment for power production; or
Liability for defects. The Seller shall be liable for defects and legal imperfections in title to the exclusion of further claims – subject to Section 8 – as follows:
