LIABILITY FOR DEFECTS AND WARRANTY Sample Clauses

LIABILITY FOR DEFECTS AND WARRANTY. The machine is sold with exclusion of liability for defects. This exclusion does not apply to claims for damages resulting from liability for defects, which are based on a grossly negligent or intentional violation of responsibilities of the seller or his vicarious agent, as well as in the case of harm to life, body and health. If the seller is a business/ entrepreneur and the buyer is a private party, the warranty period covers one year. Any existing claims against third parties arising from liability for defects shall be assigned to the buyer.
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LIABILITY FOR DEFECTS AND WARRANTY. The buyer must immediately inspect and check the goods without unnecessary delay and, in writing, claim for any defects in detail to the seller of goods and must also stop using the goods. If the buyer doesn’t notify the seller in time, they will lose the right to withdraw from the contract. The buyer will notify the seller of his chosen right when notifying of a defect or without delay after notifying of the defect. The seller is however entitled to refuse the chosen type of reimbursement, only if it presents the seller with unreasonable costs and or a different kind of reimbursement is available without substantial harm to the buyer. The consumer-buyer cannot change the chosen reimbursement without the agreement of the seller; this does not apply a situation when a buyer is requesting a repair of a malfunction, that cannot be repaired. If the seller fails to repair the malfunctions in a reasonable period or should he inform the buyer that they will not repair the malfunction, the buyer is then eligible to ask for a reasonable discount from the purchasing price instead of the repair, or they can withdraw from the contract. Upon delivery of a new item, the buyer will return the previous item on their own expense to the seller. Should the consumer buyer apply the right of faulty performance, the seller will confirm this in a written form, there will be stated: the date of the application, as well as the duration of the repair and the details of it. The buyer has to provide the seller with reasonable time to repair any malfunctions; otherwise claims for any defects expire. If it’s not possible, within the period for malfunction removal, set reasonably in all circumstances, to produce any kind of remedy, the buyer can withdraw from the contract or can ask for a discount of the Purchase price. The buyer is not allowed to withdraw from the contract, in a case of only minor defects. Transportation costs and other costs for replacement or refund of goods apply to the buyer. It is expressly agreed, that in case of a defect of an item, the buyer is not allowed to ask for compensation for transportation costs of goods to and from the seller. The seller is also not responsible for the buyer’s lost profits, or for any indirect losses due to the defects of the goods. The seller offers a statutory warranty - liability for defects to the consumer buyer for the period of 24 months from the date of the issuance of the sales receipt. The conditions of warranty and guarantee...
LIABILITY FOR DEFECTS AND WARRANTY. 1. The goods are delivered in the design and condition as they are customary at the time of delivery.
LIABILITY FOR DEFECTS AND WARRANTY. The Seller expressly assures the Buyer that the purchased Goods are faultless. The Seller is accountable for the fact that the Goods are delivered in the quantity, the quality and the execution according to this Contract (paragraph I(1) and (2), Annex 1) and that the delivered and installed Goods according to this Contract are on the date of delivery to the Buyer fully functional and comply with the technical parameters specified by the manufacturer. The Seller is responsible for the fact that the delivery is free of legal defects and that, when the Buyer uses the Goods and the documentation, no copyrights or industrial rights or other intellectual property rights shall be infringed; if any claims are made against the Buyer arising from the infringement of such rights, the Seller undertakes to pay the Buyer any damages incurred in this way and to satisfy the claims made against the Buyer by any third party associated with this. The relevant rights for the Buyer are a part of the Goods and are included in the purchase price. The Seller provides a warranty on the quality of the delivery of a length of 12 months following the date of signing the handover document (paragraph III (5)). The Seller guarantees that the delivered Goods shall be fit for use for their standard purpose throughout the duration of the warranty and that agreed and otherwise standard properties shall be maintained. The Seller further assumes a guarantee for the fact that the transferred documentation does not contain any discrepancies or defects. The warranty period does not run during the period the Buyer is unable to use the Goods as a result of defects thereto for which the Seller is accountable. The Seller is obliged to remove such defects at its own expense (if the Buyer does not exercise any of the other rights defined by legal regulations or by this Contract), in accordance with the relevant provisions of the Civil Code and the terms and conditions specified hereunder. The Buyer undertakes to make a claim for the removal of any defect with the Seller within 15 calendar days of ascertaining the defect. Such notification by the Buyer of the existence of a defect shall also communicate the right arising from liability for the defect which the Buyer has chosen. If the defective performance is not a fundamental breach of this Contract, the Buyer has the right to choose whether to demand from the Seller:
LIABILITY FOR DEFECTS AND WARRANTY. The Seller warrants the Chips against design, manufacturing or material defects which prevent the Chips from functioning in accordance with the Chips' Technical specifications set out in Annex No. 1 to this Framework Agreement for a period of 11 years following the date of delivery. Termination of the Framework Agreement does not release the Seller from its warranty obligations of the Chips delivered prior to the date of termination of the Framework Agreement. The Warranty shall apply in case the defects are discovered by Xxxxx, while the Buyer is entitled to perform a more detailed analysis of the defects. The Seller is entitled to perform counter analysis, which proves the cause of Chip defects. In the case that it will be proved that the Chips are defective due to a material default, the Seller is responsible for these defects. At the time of delivery takeover, the Buyer will undertake comparison of the data about a partial delivery on the respective package and the Delivery Note. In case of contradiction, the Seller pledges to:
LIABILITY FOR DEFECTS AND WARRANTY. 1. The contractor declares that the works defined in the contract or confirmed order shall be completed in a qualitative manner pursuant to valid Slovak and EU technical standards and regulations applicable to the execution of the works.
LIABILITY FOR DEFECTS AND WARRANTY. 6.1 The Seller shall deliver the goods to the Buyer in the quality, quality and settings as set forth in this Agreement.
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LIABILITY FOR DEFECTS AND WARRANTY 

Related to LIABILITY FOR DEFECTS AND WARRANTY

  • Warranty and Warranty Disclaimer 3.1. IFS warrants that the Application Software will perform substantially as described in the Software Documentation for a period of six (6) months from the original license start date specified in the Notification Form (“Warranty Period”). No separate or extended Warranty Period shall apply with respect to any remedy of Errors or the purchase by Customer of any additional quantities and/or licenses of the Application Software or delivery by IFS of any additional copies. Any warranty claim must be made by Customer within the Warranty Period. IFS do not warrant that the Software will be constantly available, uninterrupted or error free or that all errors may be found to enable correction.

  • Limitation of Liability and Warranty XOOM WILL NOT BE RESPONSIBLE FOR ANY SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER. XOOM DOES NOT PROVIDE ANY TYPE OF WARRANTY, EXPRESS OR IMPLIED, AND TO THE FULL EXTENT OF THE LAW, DISCLAIMS ANY WARRANTY OF MERCHANTABLITY OR FITNESS FOR A PARTICULAR PURPOSE. Force Majeure:XOOM will not be responsible for supplying electricity in the event of circumstances beyond its control such as events of Force Majeure, including but not limited to, acts of terrorism, sabotage, or acts of God. XOOM may cancel this Agreement if there is any change in regulation, law, pricing structure, tariff, or change in procedure required by a third party that results in XOOM being prevented, prohibited, or frustrated from carrying out the terms of this Agreement.

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