LIABILITY FOR DEFECTS IN THE GOODS Sample Clauses

LIABILITY FOR DEFECTS IN THE GOODS. 4.1 Unless agreed otherwise in writing, the seller provides a guarantee with respect to the quality of the goods as specified in the seller’s internal product standard, which is an indivisible part of the agreement. 4.2 The seller manufactures the goods pursuant to agreed (international, domestic or other technical) specifications for the chemical, mechanical, physical, superficial, dimensional or other agreed characteristics. Any technical specifications and/or any other additional requirements on the part of the buyer must be defined in writing in the agreement to be considered binding. Only those technical specifications contractually binding for the seller related to the quality and properties of the goods apply and it likewise applies that no other warranties, guarantees or other obligations on the part of the seller with respect to the quality and properties of the goods are established. 4.3 The seller is not liable to the buyer for any indirect damages, including those related to production losses, lost profits or expected profits, losses from expected future sales or any other costs. Damages or other penalties that the seller is obliged to pay the buyer for breach of the purchase agreement shall not exceed the value of the purchase price for the goods under the individual seller-confirmed orders affected by such breach. Such restriction on indemnity is based on the potentially foreseen consequences of a breach of the purchase agreement and resulting damages. Excepting instances involving the intentional unlawful actions of the seller or gross negligence on the part of the seller, the seller is not liable for any damages incurred by the buyer’s personnel or damages incurred by a third party involved in the performance of the agreement. 4.4 The buyer is responsible for the cleanliness of packaging provided by the buyer if the goods are loaded into packaging provided by the buyer. 4.5 If the buyer secures the carriage of the goods, the buyer is responsible for the cleanliness of such means of carriage (e.g. road tanker, tanker trailer or rail tanker). Claims involving contamination of the goods as a result of a breach of such obligation are disallowed; any such claim will be rejected. 4.6 If the buyer secures the carriage of the goods, the buyer shall ensure the buyer’s carrier provides the seller with proof of the cleaning of the corresponding means of transport (e.g. road tanker, tanker trailer or rail tanker). If the buyer’s carrier does not provid...
LIABILITY FOR DEFECTS IN THE GOODS. 6.1. Defects in the Goods that can be detected upon delivery of the Goods (in particular delivery of a different type of Goods, delivery of the Goods in a lesser quantity, delivery of the Goods after the stated minimum shelf life), the Buyer is obliged to apply to the Seller no later than when the inspection is carried out pursuant to clause 4.7 of the PO by recording them in the delivery note. Hidden defects of the Goods, which had Goods at the time of their delivery to the Buyer, the Buyer is obliged to claim from the Seller immediately upon discovering them, by notification (complaint) made by email to xxxxxxxxxx@xxxxxxxxxxxx.xx or via the electronic systemSeller's electronic electronic system available at xxxxx://x0x.xxxxxxxxxxxx.xx/ (hereinafter also referred to as as "B2B") after entering the Buyer's login details, but not verbally or by telephone, in giving at least (1.) the Buyer's identification details, (
LIABILITY FOR DEFECTS IN THE GOODS. 상품 결함에 대한 책임

Related to LIABILITY FOR DEFECTS IN THE GOODS

  • Liability for Damages 1. The Purchaser shall be liable for any damages sustained by the State arising from Purchaser’s breach of the terms of this Contract and the State may cause all or part of the performance bond to be forfeited to recover such damages. 2. In the event that a portion of the timber sale under this Contract is resold as a result of the Purchaser’s forfeiture and the stumpage rate pursuant to the resold contract is lower than the stumpage rate provided herein, the difference between the original rate and the new rate shall be considered damages and the Purchaser shall be liable to the State for those damages. The State may cause all or part of the Purchaser’s performance bond to be forfeited to recover such damages.

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