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.

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. 2. The delivered goods may only be sold unaltered in the original packaging, after repackaging the goods from the original packaging, all warranty claims expire. 3. All delivered products of the seller are to be subject to an incoming goods inspection and inspection by the customer. Further liability for non- performance is excluded. The quality and suitability of the materials on and in which the seller's products are further processed must be checked and tested by the customer or its customers. After further processing of our products by third parties the liability claim expires. In addition, attention shall be paid to the appropriate delivery specifications (including of subcontracting products) 4. Minor or wrong deliveries as well as any defects can only be objected to in writing within 8 days after arrival of the delivery. Defects that are not immediately apparent must be asserted within six months. Delayed or oral complaints are not considered. 5. We are only liable for defects that have demonstrably occurred despite proper installation and handling due to delivery, manufacturing or material defects. 6. The warranty does not apply if changes have been made to the delivered goods or if the buyer does not comply with our request for the return of the defective item. 7. However, we shall only rectify justified complaints at our option through defects in the goods if the defective quantity is returned. A further warranty is not accepted, in particular, conversion or compensation for damages are excluded - for whatever legal reason (assertion of property, positive violation of claims, etc.) - as well as the use of any, not approved by us processing costs. Replacement of direct or indirect damage of any kind is excluded. 8. For third-party products, only the conditions that we have agreed with our subcontractors apply. We only provide compensation for this if we also receive it from our subcontractors. Conditions for the warranty are proper installation and maintenance attitude. The warranty does not extend to the non-calculated subsequent delivery of parts which have worn out as a result of improper handling. The performance and power requirements of our products have been determined by scrupulous research. Deviations do not entitle the purchaser to reduce the purchase price or to delay the fulfillment of his obligation. 9. By repairing, supplementing or ...

LIABILITY FOR DEFECTS AND WARRANTY. Quality Warranty: The Subject of performance shall be free of any factual or legal defects. The Subject of performance has defects if it was not supplied in accordance with the agreed specifications provided in this Contract. The Seller provides 24 months Quality Warranty to the Buyer as of the day of the invoice (hereinafter referred to only as the „warranty“or also “warranty period"). The defect should be claimed within the warranty period provided, immediately after its discovery in writing upon notification of such defect. If the last day of the warranty period was Saturday, Sunday or a holiday, the defect is deemed to be claimed in time, if the notification was sent to the Seller the next business day. With regard to the character of the subject of performance, the Buyer shall check the number of delivered goods within 5 (five) working days after receipt. Furthermore, the Buyer shall do an income inspection of the subject of performance latest during card production. By granting the warranty, the Seller accepts the commitment that the delivered goods will be defect-free, thus during the warranty period it shall be eligible to the contracted purpose or customary purpose. The Buyer may claim defects in the delivered goods at any time during the warranty period. The Warranty shall apply in case the defects are discovered by the analysis performed by the Buyer and confirmed by the analysis performed by the Seller, which proves that the goods are defective due to a material default which is of the Seller’s responsibility. If an entire supply delivered by the Seller is defective, the Buyer shall claim the goods without undue delay after taking note of the defect.

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. 2. The contractor shall provide a warranty period of 24 months from the date of handover and acceptance of the works by the client free of any apparent punchlist items. 3. The contractor is responsible for all defects at the handover of the works. The contractor shall remedy all apparent punchlist items immediately, unless the parties agree otherwise in writing. 4. The contractor is liable within the scope of the warranty for all defects occurring during the warranty period. 5. The client shall exercise any claims for defects in the works immediately upon their identification in writing and delivered to the contractor’s authorised representative. The client shall describe the specific defect in such claim and propose a method and procedure for its remedy. 6. The contractor shall commence the remedy of such defect within 8 hours of submission of the claim n writing and remedy such defect without any undue delay, and within 3 calendar days from the start of this process at the latest, or by another deadline agreed upon with the client, and at its own cost and responsibility. 7. In an emergency, and if the contractor is unable to immediately respond to such emergency, the client is authorised to remedy such defect on its own or to entrust such process to a competent third party at a reasonable cost for the given location, type of work or product involved. The contractor shall reimburse the client for such incurred costs within 14 calendar days from the date on which such claim is submitted and the corresponding invoice is delivered, along with demonstration of the necessity and efficiency of all such incurred costs to remedy the defect involved in such claim. 8. If the contractor fails to remedy the defect involved in such claim by the deadline specified in Subsection 6 herein, the client is authorised to remedy such defect on its own or to entrust such process to a competent third party at a reasonable cost for the given location, type of work or product involved. The contractor shall reimburse the client for such incurred costs within 14 calendar days from the date on which the corresponding invoice is delivered, with demonstration of the necessity and efficiency of all such incurred costs to remedy the defect involved in s...

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: a) the removal of the defect; or b) an appropriate discount on the purchase price. T...

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: a) deliver the missing quantity of the subject of fulfilment or b) reimburse the purchase price of missing Chips. In case the counter-analysis proves the Chip is defective, the Seller pledges to: a) replace the faulty quantity of the subject of fulfilment in the following partial delivery; or b) reimburse the purchase price of the claimed Chips. The way of solution of the compensation has to be mutually agreed by both contracting parties. The warranty in respect of the warranty period shall apply only in case the quantity of the Chips, which are confirmed to be defective upon the performance of the counter analysis by the Seller; exceeds rate of 0,2% of the total quantity of Chips per each partial delivery delivered to the Buyer. Period for warranty resolution is 30 calendar days. The period starts at the day on notification of the Chip defectiveness by the Buyer. The claims of the defects will be solved upon a mutual agreement of the Contracting Parties. In case that defective Chips have been found first after producing of an Identity Cards with Chip, and such defectiveness is confirmed upon the performance of a counter-analysis by the Seller which proves that the Chips are defective due to a material default which is of Seller’s exclusive responsibility, one of the following procedure shall be undertaken: a) if the Identity Card was not personalized at the time of the defect detection, the Seller rectifies defect according to ...

LIABILITY FOR DEFECTS AND WARRANTY. The vehicle is sold under exclusion of liability for material 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.

LIABILITY FOR DEFECTS AND WARRANTY