LIABILITY FOR DEFECTS/WARRANTY. Supplier shall remedy any defect in Products delivered, resulting from faulty design, specification, materials or workmanship attributable to Supplier in accordance with the provisions of this section 6. Supplier’s liability is lim- ited to defects which appear within 12 months from the date when the Products were delivered (the “Warranty Period”). Notwithstanding the foregoing, (i) the Warranty Period for all Supplier components (as opposed to third-party materials) contained in Custom Products that are sub- ject to a SAT shall commence upon the date of success- ful completion of the SAT; and (ii) the Warranty Period for all refurbished Custom Products is 90 days from the date of shipment. Where each purchase of Custom Product under these Terms and Conditions constitutes separate and independent transactions, Buyer’s claims under this section shall be applied only to each particu- lar relevant Purchase Order. Supplier is only liable for defects that appear under the intended and proper use of the Products. Proper use includes that the Product is only used with the Sup- plier’s consumables or parts. Thus, the liability does not cover defects caused by faulty maintenance, handling or incorrect storage by the Buyer, alterations of the Products carried out without Supplier’s prior written con- sent, or normal wear and tear and deterioration. Lamps, fuses, bulbs, and other expendable items are expressly excluded from the warranty under this section. Any in- stallation, maintenance, repair, service, relocation or al- teration to or of, or other tampering with, the Products performed by any person or entity other than Supplier without Supplier’s prior written approval, or any use of replacement parts not supplied by Supplier, shall imme- diately void and cancel all warranties with respect to the affected Products. In order to enable the Buyer to use the Product, the Buyer may insert a USB to upload a .STL-file or other file or download software from the Supplier’s webpage for the Products. Supplier shall not be liable for any damage or loss caused by the Products on any other software contained on the USB. Supplier shall neither be liable to remedy any defects to the Products caused by faulty or corrupt software provided by the Buyer. The Buyer shall notify Supplier in writing of a defect without undue delay after the defect has appeared, and in no case later than two (2) weeks after the expiry of the liability periods as set out above. The notice shall contain ...
LIABILITY FOR DEFECTS/WARRANTY. 8.1. The Company provides a warranty for the error-free functioning of the Web Application; the Company is responsible only for the functioning of the current versions of the Web Application and not for defects in earlier versions for the duration of the Licensing Agreement, provided that there was no breach of the obligations by the Customer.
LIABILITY FOR DEFECTS/WARRANTY. 1. The Subject shall be deemed to have defects if it does not meet the subject of the Contract, the purpose of its use, and/or if it does not possess the properties expressly stipulated in the present Contract, technical standards or call/procurement documents for the public procurement contract.
LIABILITY FOR DEFECTS/WARRANTY. The Supplier warrants that the Products or Service deliverable comply in every respect with the requirements of the Purchase Agreement and that they are free from any defect in design, materials or workmanship. Any defect appearing within twelve (12) months from the date of delivery of the Products or Service deliverable ("Warranty Period"), shall be corrected by the Supplier without delay and without any additional cost to Tamro or the end user. Should the Supplier refuse, or fail, to fulfill his warranty obligation to Tamro’s satisfaction, within a reasonable period of time, Tamro shall be entitled to have repair or replacement carried out at the Supplier's expense. The same right shall accrue to Tamro, if in case of urgency Tamro finds it inappropriate to wait for the Supplier to carry out the work.
LIABILITY FOR DEFECTS/WARRANTY. If the purchase object is defective, the statutory defect liability provisions apply. In derogation from these provisions, the following applies: A minor defect does not constitute any claims for defects and does not entitle the Customer to refuse goods acceptance. Should a portion of the goods be defective and the defect is not insignificant, this does not entitle the Customer to object to the whole delivery. The above provision does not apply, if partial delivery is of no interest to the Customer. Furthermore, the Customer may only withhold payments in so far as they are in a reasonable relation to the identified defect. Claims for defects do not arise in the case of natural wear and tear or damages that are created after the passing of the risk as a consequence of faulty and negligent treatment, excessive use, improper equipment and supplies or due to specific external impacts, which under the agreement are not included, as well as in the case of malfunctions that cannot be reproduced. If the Customer or third parties make improper changes or perform improper maintenance works, claims for defects do also not exist for such changes or works and any consequences resul- ting therefrom, unless the Customer can furnish proof that the complaint about malfunction was not caused by such change or the maintenance works. New goods come with a limitation period for claims for defects of one year from the passing of the risk. Rights and claims for defects are excluded for used goods. The limitations of liability and shortening of limitation periods provided for above do not apply to things that were used for a struc- ture in accordance with their customary use and caused the structure to be defective, to damages caused by injuries to life, body or health that result from an intentional or negligent breach of duty by the Seller or an intentional or negligent breach of duty by a legal representative or vicarious agent of the Seller, to other damages that result from an intentional or grossly negligent breach of duty by the Seller or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the Seller, in the event that the Seller fraudulently concealed the defect, as well as to the right of recourse pursuant to Section 478 BGB. In the case of subsequent performance, the Seller has the option to perform rectification of defects or replacement delivery. In the case of replacement delivery within the scope of liability for defect...
LIABILITY FOR DEFECTS/WARRANTY. The Supplier warrants that the Products comply in every respect with the requirements of the Purchase Agreement, are of good quality and free from any defect in design, materials or workmanship. Any defect appearing within twenty— four (24) months from the date of delivery of the Products ("Warranty Period"), shall be repaired, replaced or reimbursed by the Supplier without delay and without any additional cost to the Purchaser or the end user. With respect to repaired or replaced Products, the warranty period is twelve (12) months from the date of such repair or replacement unless the remaining original Warranty Period is longer and shall thus be applied. Should the Supplier refuse, or fail, to fulfil his warranty obligation to the Purchaser's satisfaction, within a reasonable period of time, the Purchaser shall be entitled to have repair or replacement carried out at the Supplier's expense. The same right shall accrue to the Purchaser, if in case of urgency the Purchaser acting reasonably finds it inappropriate to wait for the Supplier to carry out the work. The warranty obligation of the Supplier shall not extend to defects proved to having been directly caused by wrong or negligent operation, lack of maintenance or normal wear and tear.
