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 maintenance, unsuitable operating materials, defective construction work, unsuitable construction land, chemical, electrochemical or electrical influences, provided XXXX is not responsible for these circumstances. 5.5 XXXX is also not required to provide a warranty insofar as defects of Products are based on defective materials supplied by the Customer or insofar as defects of Products are based on the fact that the Customer has prescribed the execution of the order ac- cording to construction plans of third parties. 5.6 A delivery of used Products agreed with the Customer in the individual case is made to the exclusion of any warranty, unless XXXX has caused the defect intentionally or through gross negligence or has fraudulently concealed the defect. 5.7 The warranty period will be one year from delivery or, where acceptance was stipu- lated, from acceptance. Replaced parts will become our property and must be sent to us at our request. If shipping, assembly or commissioning is delayed through no fault of our own, our liability will expire no later than twelve months after the transfer of risk. 5.8 The right of recovery in accordance with sections 445a, 445b German Civil Code (BGB) is excluded, unless XXXX has caused the defect intentionally or by gross neg- ligence or has fraudulently concealed the defect.
Appears in 5 contracts
Samples: General Terms and Conditions, General Terms and Conditions, General Terms and Conditions
Liability for defects. 5.1 9.1. The Products and Services have the agreed properties and condition and are suitable for the contractually agreed use or, where no agreement exists, are fit for normal use. Without explicit Contract, an exclusive guarantee is only provided concerning freedom from Defects reflecting state- of-the-art technological standards. The Customer is required bears sole responsibility for the suitability and safety of the Products and/or Services for a Customer application. No consideration shall be given to inspect the delivered Products without undue delay after delivery and to report any defectsan insignificant reduction in quality.
5.2 The delivered 9.2. Claims under the guarantee are excluded in case of the following:
9.2.1. if the Products are deemed to have been approved not stored, installed, operated or used properly by the Customer or a third party,
9.2.2. in case of natural wear and tear,
9.2.3. if XXXX, the Product is not maintained properly,
9.2.4. if the Product is used in conjunction with regard to obvious defects, obvious shortages unsuitable equipment,
9.2.5. in case of damage caused by repairs or other defects work carried out by third parties which were or would have been identifiable in not expressly approved by the course Seller.
9.3. In case of an immediatematerial Defects, careful inspection, has not received notifi- cation the Seller reserve the right to remedy said Defects first. Remedying of the defect within 7 days Defect shall be realised according to the Seller’s choice by correction of the Defect, by delivery of the product, or otherwise – in the case of unclear or hidden defects – within 7 days Products and/or Services which are free of the discovery Defect or by the Seller indicating options for avoiding the effects of the defect Defect. At least two attempts to remedy a Defect must be accepted. The Customer shall accept an equivalent new or the time at which the defect was identifiable to the Customer in the course of normal use earlier version of the Product without closer inspectionwhich is free of the Defect as a remedy if this can be considered reasonable for the Customer. Any expense incurred by the Customer within the framework of the subsequent performance for the removal of the defective Products and the installation or mounting of the reworked or delivered Products that are free of Defects are to be borne by the Customer.
5.3 In the event of a justified complaint, 9.4. If 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, incurs expenses for 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 within the scope of the subsequent performance, the Seller shall bear these proven costs up to the net price of the concrete defective product. However, at all time, the Seller is required to carry out assemblybe contacted for removal of any defect, the Seller shall not entertain any claim or payment if the Customer engaged a third party for removal of such defect.
9.5. The Customer shall support the Seller with regard to the analysis and remedying of Defects by, in particular, accurately describing problems which occur, informing the Seller comprehensively and granting the Seller necessary time and opportunity to remedy problems.
9.6. The Seller can demand payment if additional costs are incurred by the Seller due to the Products or Services being altered or incorrectly operated. The Seller can demand reimbursement of expenses required if no Defect is found. The burden of proof lies with the Customer shall apply correspondingly.
9.7. If expenses, particularly transport, travel, work and material costs, increase during the attempt to remedy the Defect, the Seller are not obliged to bear these costs if expenses increase due to the fact that the delivery item was subsequently transported by the Customer to a location other than the delivery address, unless this transport complies with its contractual and intended use. Personnel and material costs which the Customer claims due to deficiencies relating to the Services must be charged on the basis of net cost prices.
9.8. Faulty Products may only be returned to the Seller for the purpose of inspection and subsequent performance, performance following prior written consent in particular transport, travel, labour and material costs (not: removal and assembly costs), insofar as these are not increased because compliance with the subject matter Seller’s existing rules for this purpose. The risk of accidental destruction or deterioration of the contract Products is located only transferred at a place other than our Customer's place the time 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 acceptance 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 Seller at such place as may be assumed, in particular, in the following cases: Unsuitable or in- correct use specified 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 maintenance, unsuitable operating materials, defective construction work, unsuitable construction land, chemical, electrochemical or electrical influences, provided XXXX Seller. The Seller is not responsible for these circumstancesentitled to reject returned Products without prior consultation.
5.5 XXXX is also not required to provide a warranty insofar as defects of Products are based on defective materials supplied by the Customer or insofar as defects of Products are based on the fact that the Customer has prescribed the execution of the order ac- cording to construction plans of third parties.
5.6 A delivery of used Products agreed with the Customer in the individual case is made to the exclusion of any warranty, unless XXXX has caused the defect intentionally or through gross negligence or has fraudulently concealed the defect.
5.7 The warranty period will be one year from delivery or, where acceptance was stipu- lated, from acceptance. Replaced parts will become our property and must be sent to us at our request. If shipping, assembly or commissioning is delayed through no fault of our own, our liability will expire no later than twelve months after the transfer of risk.
5.8 The right of recovery in accordance with sections 445a, 445b German Civil Code (BGB) is excluded, unless XXXX has caused the defect intentionally or by gross neg- ligence or has fraudulently concealed the defect.
Appears in 4 contracts
Samples: Terms and Conditions of Sale, Terms and Conditions of Sale, Terms and Conditions of Sale
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 XXXXXXXXXXX, 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 notification 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 XXXXXXX'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 XXXXXXX 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 XXXXXXX if there is actually a defect. Otherwise, XXXX XXXXXXX 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 XXXXXXX can refuse to rectify defects or make a replacement delivery if the Customer does not fulfil its payment obligations towards XXXX WALTHER 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 incorrect 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- ingcommissioning, natural wear and tear (wearing parts), faulty or negligent handling, improper maintenance, unsuitable operating materials, defective construction work, unsuitable construction land, chemical, electrochemical or electrical influences, provided XXXX XXXXXXX is not responsible for these circumstances.
5.5 XXXX WALTHER is also not required to provide a warranty insofar as defects of Products are based on defective materials supplied by the Customer or insofar as defects of Products are based on the fact that the Customer has prescribed the execution of the order ac- cording according to construction plans of third parties.
5.6 A delivery of used Products agreed with the Customer in the individual case is made to the exclusion of any warranty, unless XXXX XXXXXXX has caused the defect intentionally or through gross negligence or has fraudulently concealed the defect.
5.7 The warranty period will be one year from delivery or, where acceptance was stipu- latedstipulated, from acceptance. Replaced parts will become our property and must be sent to us at our request. If shipping, assembly or commissioning is delayed through no fault of our own, our liability will expire no later than twelve months after the transfer of risk.
5.8 The right of recovery in accordance with sections 445a, 445b German Civil Code (BGB) is excluded, unless XXXX XXXXXXX has caused the defect intentionally or by gross neg- ligence negligence or has fraudulently concealed the defect.
Appears in 2 contracts
Samples: General Terms and Conditions, General Terms and Conditions
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 notification 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 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 be- cause the subject matter of the contract is located at a place other than our Customer's ’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 inspec- tion 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 incorrect use by the Customer or by third parties instructed by the Customer, in particular through the use of insufficiently qualified personnelperson- nel, faulty assembly or commission- ingcommissioning, natural wear and tear (wearing parts), faulty or negligent handling, improper maintenance, unsuitable operating materials, defective construction work, unsuitable construction land, chemical, electrochemical or electrical influences, provided XXXX is not responsible for these circumstancescircum- stances.
5.5 XXXX is also not required to provide a warranty insofar as defects of Products are based on defective materials mate- rials supplied by the Customer or insofar as defects of Products are based on the fact that the Customer has prescribed the execution of the order ac- cording according to construction plans of third parties.
5.6 A delivery of used Products agreed with the Customer in the individual case is made to the exclusion of any warranty, unless XXXX has caused the defect intentionally or through gross negligence or has fraudulently concealed the defect.
5.7 The warranty period will be one year from delivery or, where acceptance was stipu- latedstipulated, from acceptance. Replaced parts will become our property and must be sent to us at our request. If shipping, assembly or commissioning com- missioning is delayed through no fault of our own, our liability will expire no later than twelve months after the transfer of risk.
5.8 The right of recovery in accordance with sections 445a, 445b German Civil Code (BGB) is excluded, unless XXXX has caused the defect intentionally or by gross neg- ligence negligence or has fraudulently concealed the defect.
Appears in 2 contracts
Samples: General Terms and Conditions, General Terms and Conditions
Liability for defects. 5.1 The Customer is required 13.1. Supplier warrants that the Products conform to inspect the delivered agreed characteristics (e.g., specifications) and are otherwise also free of defects, in particular that
13.2. Compliance with test requirements or approvals on the part of BHTC shall not release Supplier from the obligation to deliver Products without undue delay after delivery and that are free of defects. If BHTC consents to report any defectsspecifications, drawings, calculations or other documents of Supplier, this shall also not affect Supplier’s sole responsibility for the Products. This shall also apply to any proposals, recommendations or any other acts of cooperation of BHTC.
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 13.3. In the event of a justified complaintdelivery of defective Products, the Customer will BHTC shall in particular be entitled to two attempts demand immediate subsequent performance.
13.4. To the extent that any customers of BHTC use a reference market procedure or similar procedure customary in the automotive industry to rectify determine and account for warranty claims and invoke such procedure against BHTC due to any defect in BHTC products which result from defects or make a replacement delivery at XXXX'x discretion free in Products of charge within a reasonable period of time. Shortages Supplier, such procedure will also be delivered subsequentlyapplied to the supply relationship between Supplier and BHTC. If two attempts no such procedure to rectify defects or make a replacement delivery within a reasonable period of time are unsuccessfuldetermine and account for warranty claims is applied and no other agreement has been concluded between BHTC and Supplier in that respect, defective Products shall be made available – to the Customer will extent actually and legally possible – to Supplier upon request and at Supplier’s expense and risk. BHTC shall be entitled to dispose of defective Products not requested by Supplier at Supplier’s expense.
13.5. If Supplier permanently refuses subsequent performance or if Supplier does not comply with BHTC’s request for subsequent performance despite setting a reasonable deadline and if there is a threat of supply shortages in the statutory rightssupply chain or if, subject under consideration of the interests of both parties, BHTC may not reasonably be expected to accept subsequent performance by Supplier for any other reason (e.g., in urgent cases to prevent further damage), BHTC may, without setting a deadline, at its option
(i) carry out any possible rectification itself or arrange for it to be carried out by third parties to the provisions extent necessary to comply with its own delivery obligations, (ii) procure defect-free products from third parties, (iii) reduce the purchase price, or (iv) waive replacement delivery by charging back the invoice value of clause 7the defective Products. Subsequent performance will include neither The (additional) costs incurred in this respect shall be borne by Supplier.
13.6. Supplier shall be obliged to reimburse all defect-related expenses, in particular travel and transport costs (including freight and packaging), labor and material costs, including expenses for the removal of the defective item nor reassembly if XXXX was not originally required to carry out assembly. The expenses required for Product and the purpose installation 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 Product or the replacement of defective software as well as necessary testing and sorting costs (e.g., in case of extended incoming goods inspection), irrespective of whether such costs were incurred by Supplier, by BHTC or by third parties. In the event that BHTC uses its own personnel or internal resources for necessary testing and sorting activities in lieu of third parties assigned for this purpose, the corresponding evidenced time expenditure may be invoiced to Supplier on the basis of an appropriate internal hourly rate.
13.7. In the event of series damage (accumulation of Product defects with the same cause), to the extent that a defect analysis is uneconomical, not possible or not reasonable in individual cases, Supplier shall also reimburse the above-mentioned costs for such part of the service providedaffected series which technically has no defect. In this respect as well Supplier shall be obliged to subsequently deliver defect-free Products.
5.4 No warranty will 13.8. Unless the parties have explicitly agreed otherwise in writing, claims arising from the liability for defects shall become statute-barred upon expiry of 54 months of delivery to BHTC.
13.9. In case that the statutory basis of claims for damages, costs and reimbursement of expenses requires fault on the part of the Supplier, this shall not be assumed, in particular, in the following cases: Unsuitable or in- correct use excluded by the Customer or by third parties instructed by the Customer, in particular through the use preceding provisions of insufficiently qualified personnel, faulty assembly or commission- ing, natural wear and tear (wearing parts), faulty or negligent handling, improper maintenance, unsuitable operating materials, defective construction work, unsuitable construction land, chemical, electrochemical or electrical influences, provided XXXX is not responsible for these circumstances.
5.5 XXXX is also not required to provide a warranty insofar as defects of Products are based on defective materials supplied by the Customer or insofar as defects of Products are based on the fact that the Customer has prescribed the execution of the order ac- cording to construction plans of third parties.
5.6 A delivery of used Products agreed with the Customer in the individual case is made to the exclusion of any warranty, unless XXXX has caused the defect intentionally or through gross negligence or has fraudulently concealed the defect.
5.7 The warranty period will be one year from delivery or, where acceptance was stipu- lated, from acceptance. Replaced parts will become our property and must be sent to us at our request. If shipping, assembly or commissioning is delayed through no fault of our own, our liability will expire no later than twelve months after the transfer of risk.
5.8 The right of recovery in accordance with sections 445a, 445b German Civil Code (BGB) is excluded, unless XXXX has caused the defect intentionally or by gross neg- ligence or has fraudulently concealed the defect.this Clause
Appears in 2 contracts
Samples: Terms and Conditions of Purchase, Terms and Conditions of Purchase
Liability for defects. 5.1 9.1 The Supplier is liable to ensure that the Products in all essential aspects correspond to the information provided by the Supplier at the Supplier Website.
9.2 A Product shall be deemed defective if it deviates from Section 9.
1. The Supplier’s liability for defective Products is limited to defects which existed at the time of delivery and which appear and are notified to the Supplier in writing in accordance with Sections 9.3 and 9.4 within sixty (60) days of delivery. All claims shall be made to xxxxxxxxxxxxxxx@xxxxxx.xxx.
9.3 Upon delivery, the Customer is required to inspect the delivered Products shall without undue delay after delivery inspect the Products delivered and notify the Supplier of any defects in the Products discovered during such inspection. The Customer shall not be entitled to report any defectsclaim based on defects in the Products which the Customer ought to have discovered during an inspection in accordance with this Section 9.3.
5.2 9.4 In addition to the foregoing, the Customer shall notify the Supplier of any claims without undue delay, but at the latest within seven (7) days from when the Customer became aware, or should have become aware, of a defect. 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 Customer’s notice shall include a clear description 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 and how it first appeared. If the Customer fails to provide a notice in compliance with the course of normal use of the Product without closer inspection.
5.3 In the event of a justified complaintaforementioned, the Customer will be entitled shall have forfeited the right 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 invoke the defect-free part of the service provided.
5.4 No warranty will 9.5 The Supplier shall not be assumed, liable for any defects in particular, in the following cases: Unsuitable Products arising out of or in- correct use due to any material provided by the Customer or by third parties instructed any construction or design proposed or specified by the Customer. Nor shall the Supplier be liable for any defect caused by the Customer or any third party not adhering to the Supplier’s care or operating instructions, in particular through the use of insufficiently qualified personnelor for any defect caused by improper use, faulty assembly or commission- ing, natural wear and tear (wearing parts)installation, faulty or negligent handling, improper maintenance, unsuitable operating materials, defective construction work, unsuitable construction land, chemical, electrochemical maintenance or electrical influences, provided XXXX is not responsible for these circumstancesnormal wear and tear or deterioration.
5.5 XXXX 9.6 If a Product is also not required to provide a warranty insofar as defects of Products are based on deemed defective materials supplied by under Section 9.1 and the Customer or insofar as defects of Products are is entitled to make a claim against the Supplier based on the fact that defect, the Customer has prescribed Supplier undertakes to, at its own discretion, rectify the execution of the order ac- cording to construction plans of third parties.
5.6 A delivery of used Products agreed defect or deliver a substitute product. The Parties may also agree on a price reduction with the Customer in the individual case is made an amount corresponding to the exclusion value of any warranty, unless XXXX has caused the defect intentionally or through gross negligence or has fraudulently concealed the defect.
5.7 9.7 Upon return of any defective Products, the Customer shall comply with the Supplier’s at each time applicable guidelines for returns and claims. The warranty period will be one year from delivery orCustomer is not entitled to use or scrap, where acceptance was stipu- latedor allow any third party to use or scrap, from acceptance. Replaced parts will become our property and must be sent to us at our request. If shippingany Products which the Customer has made a complaint about, assembly or commissioning is delayed through no fault of our own, our liability will expire no later than twelve months after without the transfer of riskSupplier’s prior written consent.
5.8 The right 9.8 For the avoidance of recovery in accordance with sections 445a, 445b German Civil Code (BGB) is excludeddoubt, unless XXXX has caused specified in this Section 9, the defect intentionally or by gross neg- ligence or has fraudulently concealed Customer is not entitled to return any Products to the defectSupplier.
Appears in 2 contracts
Samples: General Terms and Conditions, General Terms and Conditions
Liability for defects. 5.1 The Customer is required to inspect 1.) Warranty rights of the delivered Products without undue delay after delivery customer require that the customer has properly performed its responsibilities of inspection and to report any defectsnotification owed under § 377 HGB [German Commercial Code].
5.2 The 2.) Claims for defects become time-barred in 12 months after the goods delivered Products are deemed by us to the customer have been approved if XXXXshipped. Our consent has to be requested before returning goods. This period shall not apply to the extent applicable law stipulates longer periods in §§ 438 (1) No. 2 (buildings and things used for buildings), with regard to obvious 479 (1) (recourse claim) and 634a (1) No. 2 (construction defects, obvious shortages or other ) BGB.
3.) In the case that the goods shipped by us have any defects which were or would have been identifiable in despite all care that was already visible at the course of an immediate, careful inspection, has not received notifi- cation time of the transfer of risk, we will repair the goods subject to a timely notice of defect or deliver substitute goods at our discretion. In all cases, we must first be given the opportunity for supplementary performance within 7 days of delivery of an appropriate period. Claims to recourse remain unaffected by the productaforementioned provision without restriction.
4.) If supplementary performance fails, the customer may - without prejudice to any damage claims pursuant to Section 6.8 - withdraw from the contract or otherwise – reduce remuneration.
5.) Claims for defects will be excluded in the case of unclear minor deviation from the agreed quality, of minor restriction of usability, of natural deterioration or hidden defects – within 7 days of wear and tear, as well as damages incurred after the discovery of the defect transfer or the time at which the defect was identifiable to the Customer risk by incorrect or negligent handling, excessive use, insufficient operating material, poor construction work, inadequate subsoil or by special external influences that are not included in the course of normal use of the Product without closer inspection.
5.3 contract. In the event of the customer or a justified complaintthird party performs improper repair work or modifications, no warranty claims shall be applicable to such work or 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, consequences thereof.
6.) Claims asserted by 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 customer concerning expenditure required for the purpose of inspection and subsequent supplementary performance, in particular particularly transport, travel, labour and material costs (not: removal and assembly costs), insofar as these are not excluded to the extent that expenses are increased because the subject matter goods delivered by us were subsequently transported to a destination other than the plant of the contract is located at customer, unless transportation corresponds with its intended use.
7.) Claims for recourse by the customer against us are only permissible to the extent the customer has not made agreements with its respective buyer exceeding the legally binding claims for defects.
8.) Damage claims by the customer for a place other than our Customer's place material defect shall be excluded. This shall not apply in case of performancefraudulent concealment of the defect, will be borne in case of non-compliance with a quality guarantee, in case of an injury to life, body, health or freedom and in case of an intentional or grossly negligent breach of a duty by XXXX if there is actually a defectus. Otherwise, XXXX may demand compensation Customer claims for material defects that exceed or deviate from the Customer for the costs incurred by the unjustified request for rectification of the defect (customer claims regulated 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 providedthese Standard Business Terms shall be excluded.
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 maintenance, unsuitable operating materials, defective construction work, unsuitable construction land, chemical, electrochemical or electrical influences, provided XXXX is not responsible for these circumstances.
5.5 XXXX is also not required to provide a warranty insofar as defects of Products are based on defective materials supplied by the Customer or insofar as defects of Products are based on the fact that the Customer has prescribed the execution of the order ac- cording to construction plans of third parties.
5.6 A delivery of used Products agreed with the Customer in the individual case is made to the exclusion of any warranty, unless XXXX has caused the defect intentionally or through gross negligence or has fraudulently concealed the defect.
5.7 The warranty period will be one year from delivery or, where acceptance was stipu- lated, from acceptance. Replaced parts will become our property and must be sent to us at our request. If shipping, assembly or commissioning is delayed through no fault of our own, our liability will expire no later than twelve months after the transfer of risk.
5.8 The right of recovery in accordance with sections 445a, 445b German Civil Code (BGB) is excluded, unless XXXX has caused the defect intentionally or by gross neg- ligence or has fraudulently concealed the defect.
Appears in 1 contract
Samples: Standard Terms of Sale
Liability for defects. 5.1 XXXXXXX is liable for material and legal defects in the delivery, under the exclusion of all other claims – but subject to paragraph VII - as described below:
1. All parts which turn out to be defective as a result of circumstances which occurred before the transfer of risk will be either put right or replaced with non-defective parts at XXXXXXX’x discretion. Such defects are to be reported to XXXXXXX without delay. Replaced parts become the property of XXXXXXX.
2. The Customer Buyer, after consulting with XXXXXXX, must allow XXXXXXX sufficient time and opportunity to carry out any corrective modifications which appear necessary or to replace the defective parts, otherwise XXXXXXX cannot be held responsible for the resulting consequences. Only in emergencies, where health and safety at work is required put in jeopardy or in cases where disproportionate damage could result, does the buyer have the right to inspect correct the delivered Products without undue delay after delivery defects himself or have them corrected by third parties and to report any defectscharge XXXXXXX for the expenditure incurred. In such cases XXXXXXX must be informed at the earliest possible opportunity.
5.2 3. If the complaint is shown to be justified, XXXXXXX will pay for the costs directly incurred by corrective modifications or replacement parts, including transport. XXXXXXX will also pay for removing and fitting the parts and for providing any necessary engineers and auxiliary personnel, including their travel costs, as long as this does not result in costs which are totally out of proportion for XXXXXXX.
4. The delivered Products are deemed Buyer has the right to have been approved back out of the contract, within the conditions set by law, if XXXXXXXXXXX – taking account of the legally recognised exceptions – does not carry out corrective modifications or provide replacement parts before the elapse of a reasonable time period set by the Buyer. If the defect is only slight, with regard then the Buyer only has the right to obvious defects, obvious shortages or other defects which were or would have been identifiable claim a reduction in the course contract price. The right to claim such a reduction is excluded in all other cases.
5. Further claims are defined in paragraph VII.2 of an immediate, careful inspection, has not received notifi- cation of the defect within 7 days of delivery of the product, or otherwise – these Terms and Conditions.
6. No responsibility will be accepted particularly in the case of unclear the following: inappropriate or hidden defects improper use, incorrect assembly or commissioning by the Buyer or third parties, normal wear and tear, incorrect or negligent operation, wrong maintenance, use of inappropriate equipment, faulty building works, inappropriate foundations, detrimental chemical, electrochemical or electrical influences – within 7 days of inasmuch as these have not been caused by XXXXXXX.
7. Should the discovery of the defect Buyer or the time at which the defect was identifiable a third party carry out inappropriate improvements to the Customer in equipment, XXXXXXX is not responsible for the course consequences of normal such. The same applies to any alterations carried out to the equipment supplied without the prior approval of XXXXXXX.
8. Should the use of the Product without closer inspection.
5.3 In equipment supplied result in the event infringement of industrial or intellectual property rights in Slovakia, XXXXXXX will at their cost do whatever is necessary to assure that the Buyer has the basic right to continue to use the equipment or will modify the equipment in such a justified complaint, way - acceptable to the Customer will Buyer - that the infringement no longer exists. If this cannot be entitled to two attempts to rectify defects done within financially acceptable conditions 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 Buyer has the right to revoke the contract. Under these circumstances, XXXXXXX also has the right to revoke the contract. Furthermore XXXXXXX will be entitled to absolve the statutory Buyer from undisputed or legally binding claims of the owner of the industrial or intellectual property rights, .
9. XXXXXXX’x obligations as described in paragraph VI.8 are 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, paragraph VII.2 in the following cases: Unsuitable case of infringement of industrial or in- correct use by intellectual property rights having been established. They are only valid if - the Customer or by third parties instructed by the Customer, in particular through the use Buyer has made XXXXXXX immediately aware of insufficiently qualified personnel, faulty assembly or commission- ing, natural wear and tear (wearing parts), faulty or negligent handling, improper maintenance, unsuitable operating materials, defective construction work, unsuitable construction land, chemical, electrochemical or electrical influences, provided XXXX is not responsible for these circumstances.
5.5 XXXX is also not required to provide a warranty insofar as defects of Products are based on defective materials supplied by the Customer or insofar as defects of Products are based on the fact that claims to industrial or intellectual property rights have been enforced. - the Customer has prescribed Buyer supports XXXXXXX to an appropriate extent in their defence against such claims as may have been enforced, or alternatively, assists XXXXXXX in the execution of corrective modifications as described in paragraph VI.8. - all means of defence including out of court settlements remain available to XXXXXXX - the order ac- cording legal challenge was not instigated by information from the Buyer - the infringement was not caused by the Buyer having made unauthorised changes to construction plans of third parties.
5.6 A delivery of the equipment supplied or having used Products agreed it in a way not compatible with the Customer in the individual case is made to the exclusion of any warranty, unless XXXX has caused the defect intentionally or through gross negligence or has fraudulently concealed the defect.
5.7 The warranty period will be one year from delivery or, where acceptance was stipu- lated, from acceptance. Replaced parts will become our property and must be sent to us at our request. If shipping, assembly or commissioning is delayed through no fault of our own, our liability will expire no later than twelve months after the transfer of risk.
5.8 The right of recovery in accordance with sections 445a, 445b German Civil Code (BGB) is excluded, unless XXXX has caused the defect intentionally or by gross neg- ligence or has fraudulently concealed the defect.contract
Appears in 1 contract
Samples: Sales Contract
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 notification 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 incorrect 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- ingcommissioning, natural wear and tear (wearing parts), faulty or negligent handling, improper maintenance, unsuitable operating materials, defective construction work, unsuitable construction land, chemical, electrochemical or electrical influences, provided XXXX is not responsible for these circumstances.
5.5 XXXX is also not required to provide a warranty insofar as defects of Products are based on defective materials supplied by the Customer or insofar as defects of Products are based on the fact that the Customer has prescribed the execution of the order ac- cording according to construction plans of third parties.
5.6 A delivery of used Products agreed with the Customer in the individual case is made to the exclusion of any warranty, unless XXXX has caused the defect intentionally or through gross negligence or has fraudulently concealed the defect.
5.7 The warranty period will be one year from delivery or, where acceptance was stipu- latedstipulated, from acceptance. Replaced parts will become our property and must be sent to us at our request. If shipping, assembly or commissioning is delayed through no fault of our own, our liability will expire no later than twelve months after the transfer of risk.
5.8 The right of recovery in accordance with sections 445a, 445b German Civil Code (BGB) is excluded, unless XXXX has caused the defect intentionally or by gross neg- ligence negligence or has fraudulently concealed the defect.
Appears in 1 contract
Samples: General Terms and Conditions
Liability for defects. 5.1 The Customer is required 13.1. Neapco accepts delivery subject to inspect inspecting 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 products for freedom from defects, obvious shortages or other defects which were or would have been identifiable including an in- spection for accurateness and completeness, insofar and as soon as reasonable in the course of an immediate, careful inspection, has not received notifi- cation ordinary business. Neapco will notify the supplier of the defect within 7 days of delivery of the product, or otherwise – defects in the case products supplied once detected. In this regard, the supplier waives the defence of unclear or hidden delay in notifying a defect.
13.2. The statutory provisions concerning defects – within 7 days of quality and title apply unless otherwise provided below.
13.3. If the discovery products delivered are not in conformity with the contract, Neapco may demand the rectification of the defect or delivery of a new item or reduce the time at which pur- chase price or withdraw from the contract. Neapco has the right to choose the type of subsequent perfor- xxxxx. Neapco's right to assert damages remains unaffected.
13.4. If the supplier does not rectify a defect within the rea- sonable period allowed in Neapco's request for recti- fication, then Neapco may either have the defect was identifiable to rec- tified at the Customer supplier's costs and risk or exercise the foregoing rights. Any further claims of Neapco for compensation of consequential loss or for payment of liquidated damages remain unaffected.
13.5. Except for cases of malice, claims based on defects become time barred after 3 years unless the item has been used for a construction in the course of accordance with its 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 maintenance, unsuitable operating materials, defective construction work, unsuitable construction land, chemical, electrochemical or electrical influences, provided XXXX is not responsible for these circumstances.
5.5 XXXX is also not required to provide a warranty insofar as defects of Products are based on defective materials supplied by the Customer or insofar as defects of Products are based on the fact that the Customer has prescribed the execution of the order ac- cording to construction plans of third parties.
5.6 A delivery of used Products agreed with the Customer in the individual case is made to the exclusion of any warranty, unless XXXX has caused the defect intentionally or through gross negligence or has fraudulently concealed in the defectconstruc- tion. The period of limitation begins on delivery of the product (passing of risk).
5.7 The warranty period will be one year from delivery or, where acceptance was stipu- lated, from acceptance. Replaced parts will become our property and must be sent to us at our request13.6. If the supplier meets his rectification duties by re- placement delivery, the period of limitation concerning the replacement products begins afresh upon delivery of those products unless the supplier, in doing the rec- tification, has expressly and appropriately reserved the right to execute the replacement delivery merely as a gesture of goodwill or to avoid controversies or to safeguard his interest in continued relations with the supplier.
13.7. The supplier shall pay all costs that Neapco may incur as a result of a defective supply under the contract, including the costs of shipping, assembly transport, work or commissioning ma- terial and the costs of inspecting the products re- ceived beyond an ordinary scope.
13.8. If Neapco, as a result of the defect of the products delivered by the supplier under the contract, takes back any product it has manufactured or sold or if the purchase price payable to Neapco has been reduced on that basis or if other claims are asserted against Neapco on that basis, Neapco reserves the right to take recourse against the supplier. The assertion of those rights concerning defects is delayed through not subject to set- ting a deadline.
13.9. Neapco may require the supplier to reimburse it for the expenses it incurred as against its customers on the ground of the customers having claims against Neapco for reimbursement of expenses required for rectification, including the costs of shipping, transport, work and material.
13.10. Notwithstanding the provision in paragraph 5 above, in the cases described in paragraphs 8 and 9 above, claims fall under the statute of limitation no fault earlier than 2 months of our ownthe date on which Neapco has discharged the customer's claims against Neapco, our liability will expire but no later than twelve 5 years of delivery by the supplier.
13.11. If a material defect shows within 6 months after of the transfer passing of risk.
5.8 The right of recovery in accordance with sections 445a, 445b German Civil Code (BGB) it is excluded, unless XXXX has caused presumed that the defect intentionally existed on the passing of risk unless that presumption is in- commensurate with the nature of the material or by gross neg- ligence or has fraudulently concealed the defectde- fect.
Appears in 1 contract
Liability for defects. 5.1 The Customer is required 9.1 Deficiencies shall be deemed to inspect exist if deliveries and services deviate not only insignificantly from the delivered Products without undue delay after delivery and to report any defectsagreed target quality at the time of transfer of risk.
5.2 The delivered Products are deemed to have been approved if XXXX9.2 We do not accept any liability for defects (co-)caused by un- foreseeable or improper use, with regard to obvious defectsthe use of unsuitable operating materials, obvious shortages incorrect or other defects which were negligent handling or would have been identifiable in the course storage, improper maintenance, spare parts, chemical, electrochemical or electrical influences or as a result of an immediatenatural wear and tear or corrosion not resulting from a manufacturing defect.
9.3 We sell used equipment as viewed, careful inspectionexcluding any warranty, has not received notifi- cation except for intent and fraudulent intent.
9.4 Immediately upon receipt of the defect goods, the customer shall inspect them for compliance with the contract, in particular for completeness and condition and, if applicable, transport damage. Noticeable deviations, defects and damage must be reported to us immediately, as well as before processing or treatment and at the latest within 7 days of delivery of the productafter receipt, or otherwise – in the case of unclear or hidden defects – within 7 days of the discovery of same period after discovery, by written notification with detailed explanation. Otherwise the defect or warranty shall lapse. Transport damage must be noted on the time at which consign- ment note and the defect was identifiable to delivery note and confirmed by the Customer in the course of normal use of the Product without closer inspectiondriver’s signature.
5.3 In 9.5 If the event customer has duly complied with his obligations to give notice of a justified complaintdefects in accordance with clause 9.4, 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 he shall be entitled to the statutory rightswarranty rights in the event of a defect in accordance with the following provisions:
9.5.1 The choice of the type of subsequent performance is incumbent on the seller. In the event of defects, subject we shall provide warranty by subsequent performance in the form of rectification or replacement delivery at our own expense at the place of the original delivery.
9.5.2 If the customer has installed the defective goods in an- other item or attached them to another item in accord- ance with their nature and intended use, the customer may only claim compensation for the necessary ex- penses for removing the defective goods and installing or attaching the repaired or delivered non-defective goods (“removal and installation costs”) under the fol- lowing conditions: Only such removal and installation costs are required which are reasonably necessary and reasonable according to objective standards. Dispropor- tionate are removal and installation costs (1) whose value is disproportionate to the provisions of clause 7. Subsequent performance will include neither repaired or delivered goods and (2) which do not directly concern the removal or dismantling of the defective item nor reassembly if XXXX was not originally required to carry out assemblygoods and the installation or fitting of repaired or delivered goods. The expenses required for Additional ex- penses arising from the purpose of inspection and subsequent performance, in particular transport, travel, labour and material costs (not: removal and assembly costs), insofar as these fact that the goods are not increased because the subject matter of the contract is located at a place other than our Customer's place of performance, will the agreed or presumed destina- tion shall be borne by XXXX if there is actually a defectthe customer. Otherwise, XXXX may demand compensation from The customer shall grant us the Customer for necessary time and opportunity to carry out the costs subsequent performance; otherwise the war- ranty shall lapse. Expenses incurred by the unjustified request for rectification of the defect (in particular inspection and transport costs), unless the lack of defectiveness was customer to remedy defects himself shall not identifiable for the Customerbe reimbursed. XXXX can refuse Replaced goods become our property. The customer must return them 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 providedus at his own expense.
5.4 No warranty will be assumed, in particular, in 9.5.3 Claims for damages shall only exist under 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 maintenance, unsuitable operating materials, defective construction work, unsuitable construction land, chemical, electrochemical or electrical influences, provided XXXX is not responsible for these circumstancesconditions agreed under Clause 10.
5.5 XXXX is also not required to provide a warranty insofar as defects of Products are based on defective materials supplied by the Customer or insofar as defects of Products are based on the fact that the Customer has prescribed the execution of the order ac- cording to construction plans of third parties.
5.6 A delivery of used Products agreed with the Customer in the individual case is made to the exclusion of any warranty, unless XXXX has caused the defect intentionally or through gross negligence or has fraudulently concealed the defect.
5.7 9.6 The warranty period will be one year for claims for defects is 12 months, calculated from delivery of the goods or, where if acceptance was stipu- latedis provided for by contract or by law, from acceptance. Replaced parts will become our property and must be sent De- viating from this, the statutory warranty period of two years applies to us at our request. If shippingclaims for damages due to intentional or grossly negligent breaches of duty or culpable injury to life, assembly limb or commissioning is delayed through no fault of our own, our liability will expire no later than twelve months after the transfer of riskhealth.
5.8 The right 9.7 XXXX XXXXX provides a warranty for spare parts installed in the course of recovery in accordance with sections 445a, 445b German Civil Code (BGB) is excluded, unless XXXX has caused the defect intentionally or by gross neg- ligence or has fraudulently concealed rectification of defects on the defectbasis of the purchase contract until the expiry of the warranty period of the purchased item.
Appears in 1 contract
Samples: General Terms and Conditions of Sale, Delivery and Payment
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 XXXXWT, 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 notification 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 WT's 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 WT 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 WT if there is actually a defect. Otherwise, XXXX WT 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 WT can refuse to rectify defects or make a replacement delivery if the Customer does not fulfil its payment obligations towards XXXX WT 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 incorrect 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- ingcommissioning, natural wear and tear (wearing parts), faulty or negligent handling, improper maintenance, unsuitable operating materials, defective construction work, unsuitable construction land, chemical, electrochemical or electrical influences, provided XXXX WT is not responsible for these circumstances.
5.5 XXXX WT is also not required to provide a warranty insofar as defects of Products are based on defective materials supplied by the Customer or insofar as defects of Products are based on the fact that the Customer has prescribed the execution of the order ac- cording according to construction plans of third parties.
5.6 A delivery of used Products agreed with the Customer in the individual case is made to the exclusion of any warranty, unless XXXX WT has caused the defect intentionally or through gross negligence or has fraudulently concealed the defect.
5.7 The warranty period will be one year a maximum of 5000 operation hours or 12 months (whichever comes first), excluding wear parts. The warranty period will commence upon the date of successful commissioning of the system, but no later than 4 weeks from delivery or, where acceptance was stipu- lated, from acceptancedate of delivery. Replaced parts will become our property and must be sent to us at our request. If shipping, assembly or commissioning is delayed through no fault of our own, our liability will expire no later than twelve months after the transfer of risk.
5.8 The right of recovery in accordance with sections 445a, 445b German Civil Code (BGB) is excluded, unless XXXX WT has caused the defect intentionally or by gross neg- ligence negligence or has fraudulently concealed the defect.
Appears in 1 contract
Samples: General Terms and Conditions
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 XXXXXXXX AUTOMATION GROUP XXXXX, with regard re- gard 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 notification 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 XXXX AUTOMATION GROUP XXXXX’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 replace- ment delivery within a reasonable period of time are unsuccessful, the Customer will be entitled to the statutory statu- tory rights, subject to the provisions of clause 7. Subsequent performance will include neither removal of the defective item nor reassembly if XXXX AUTOMATION GROUP XXXXX 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 be- cause the subject matter of the contract is located at a place other than our Customer's ’s place of performanceperfor- xxxxx, will be borne by XXXX AUTOMATION GROUP XXXXX if there is actually a defect. Otherwise, XXXX AUTOMATION GROUP XXXXX 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 AUTOMATION GROUP XXXXX can refuse to rectify defects or make a replacement delivery if the Customer Cus- tomer does not fulfil its payment obligations towards XXXX AUTOMATION GROUP XXXXX 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 incorrect use by the Customer or by third parties instructed by the Customer, in particular through the use of insufficiently qualified personnelperson- nel, faulty assembly or commission- ingcommissioning, natural wear and tear (wearing parts), faulty or negligent handling, improper maintenance, unsuitable operating materials, defective construction work, unsuitable construction land, chemical, electrochemical or electrical influences, provided XXXX AUTOMATION GROUP XXXXX is not responsible for these circumstances.
5.5 XXXX AUTOMATION GROUP XXXXX is also not required to provide a warranty insofar as defects of Products are based on defective materials supplied by the Customer or insofar as defects of Products are based on the fact that the Customer has prescribed the execution of the order ac- cording according to construction plans of third parties.
5.6 A delivery of used Products agreed with the Customer in the individual case is made to the exclusion of any warranty, unless XXXX AUTOMATION GROUP XXXXX has caused the defect intentionally or through gross negligence or has fraudulently concealed the defect.
5.7 The warranty period will be one year from delivery or, where acceptance was stipu- latedstipulated, from acceptance. Replaced parts will become our property and must be sent to us at our request. If shipping, assembly or commissioning com- missioning is delayed through no fault of our own, our liability will expire no later than twelve months after the transfer of risk.
5.8 The right of recovery in accordance with sections 445a, 445b German Civil Code (BGB) is excluded, unless XXXX AUTOMATION GROUP XXXXX has caused the defect intentionally or by gross neg- ligence negligence or has fraudulently fraud- ulently concealed the defect.
Appears in 1 contract
Samples: General Terms and Conditions
Liability for defects. 5.1 9.1 The Supplier is liable to ensure that the Products in all essential aspects correspond to the information provided by the Supplier at the Supplier Website.
9.2 A Product shall be deemed defective if it deviates from Section 9.
1. The Supplier’s liability for defective Products is limited to defects which existed at the time of delivery and which appear and are notified to the Supplier in writing in accordance with Sections 9.3 and 9.4 within sixty (60) days of delivery. All claims shall be made to xxxxxxxxxxxxxxx.xxx@xxxxxx.xx.
9.3 Upon delivery, the Customer is required to inspect the delivered Products shall without undue delay after delivery inspect the Products delivered and notify the Supplier of any defects in the Products discovered during such inspection. The Customer shall not be entitled to report any defectsclaim based on defects in the Products which the Customer ought to have discovered during an inspection in accordance with this Section 9.3.
5.2 9.4 In addition to the foregoing, the Customer shall notify the Supplier of any claims without undue delay, but at the latest within seven (7) days from when the Customer became aware, or should have become aware, of a defect. 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 Customer’s notice shall include a clear description 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 and how it first appeared. If the Customer fails to provide a notice in compliance with the course of normal use of the Product without closer inspection.
5.3 In the event of a justified complaintaforementioned, the Customer will be entitled shall have forfeited the right 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 invoke the defect-free part of the service provided.
5.4 No warranty will 9.5 The Supplier shall not be assumed, liable for any defects in particular, in the following cases: Unsuitable Products arising out of or in- correct use due to any material provided by the Customer or by third parties instructed any construction or design proposed or specified by the Customer. Nor shall the Supplier be liable for any defect caused by the Customer or any third party not adhering to the Supplier’s care or operating instructions, in particular through the use of insufficiently qualified personnelor for any defect caused by improper use, faulty assembly or commission- ing, natural wear and tear (wearing parts)installation, faulty or negligent handling, improper maintenance, unsuitable operating materials, defective construction work, unsuitable construction land, chemical, electrochemical maintenance or electrical influences, provided XXXX is not responsible for these circumstancesnormal wear and tear or deterioration.
5.5 XXXX 9.6 If a Product is also not required to provide a warranty insofar as defects of Products are based on deemed defective materials supplied by under Section 9.1 and the Customer or insofar as defects of Products are is entitled to make a claim against the Supplier based on the fact that defect, the Customer has prescribed Supplier undertakes to, at its own discretion, rectify the execution of the order ac- cording to construction plans of third parties.
5.6 A delivery of used Products agreed defect or deliver a substitute product. The Parties may also agree on a price reduction with the Customer in the individual case is made an amount corresponding to the exclusion value of any warranty, unless XXXX has caused the defect intentionally or through gross negligence or has fraudulently concealed the defect.
5.7 9.7 Upon return of any defective Products, the Customer shall comply with the Supplier’s at each time applicable guidelines for returns and claims. The warranty period will be one year from delivery orCustomer is not entitled to use or scrap, where acceptance was stipu- latedor allow any third party to use or scrap, from acceptance. Replaced parts will become our property and must be sent to us at our request. If shippingany Products which the Customer has made a complaint about, assembly or commissioning is delayed through no fault of our own, our liability will expire no later than twelve months after without the transfer of riskSupplier’s prior written consent.
5.8 The right 9.8 For the avoidance of recovery in accordance with sections 445a, 445b German Civil Code (BGB) is excludeddoubt, unless XXXX has caused specified in this Section 9, the defect intentionally or by gross neg- ligence or has fraudulently concealed Customer is not entitled to return any Products to the defectSupplier.
Appears in 1 contract
Samples: General Terms and Conditions
Liability for defects. 5.1 1. The Service Provider is responsible for performing the subject hereof always in line with the terms hereof under the applicable legal regulations, professionally and with the best of knowledge.
2. The Service Provider is responsible for the work performed hereunder during a period of three (3) months from the date of completion of the service action.
3. In the case of delivery of spare parts purchased from subcontractors, the conditions and warranty period provided by the subcontractors shall apply.
4. The Service Provider shall be liable for defects, which the service action has demonstrated during execution and the warranty period thereof, in the sense of the definition referred to in the following Point 5 of this Article.
5. For the purposes hereof, a defect shall be understood as a deviation in the quality, quantity, or parameters of service works performed, or spare parts supplied, as specified in the technical standards and the generally binding regulations, and which prevents the correct and fault-free use of the equipment.
6. The Customer is required obliged to inspect the delivered Products raise a possible claim for a defect in performance in writing without undue delay after delivery and to report any defectsthe defect has been discovered.
5.2 7. The delivered Products are deemed to Parties have been approved if XXXXagreed that, 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 event that the defect within 7 days of delivery of service work provided is defective during 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 complaintwarranty period, the Customer will has the right to demand a defect to be entitled removed by the Service Provider free of charge, or defective parts of the equipment to two attempts to rectify defects or make a replacement delivery at XXXX'x discretion be replaced for free of charge within a reasonable period with non-defective ones, and the Service Provider is obliged to remove the defect free of time. Shortages will be delivered subsequentlycharge.
8. If two attempts to rectify defects or make a replacement delivery within a reasonable period of time are unsuccessfulit turns out that the claimed defect is irreparable, the Customer will be entitled Service Provider undertakes to provide an adequate discount on the statutory rights, subject to remuneration. Any discount shall not affect 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 right to warranty.
9. Exercising the right to claim defects in service works by XXXX if there is actually a defect. Otherwise, XXXX may the Customer does not affect the Customer's right to demand compensation from the Customer Service Provider.
10. The Service Provider shall not be liable for defects of parts that have arisen due to natural wear and tear during the use of the given equipment. The expected service life of the parts is indicated by the Service Provider in the List of Spare Parts for the costs incurred given equipment.
11. The Service Provider shall not be liable for damages caused by the unjustified request for rectification Customer's unprofessional actions or neglect of the defect (in particular inspection prescribed procedures for activities and transport costs), unless maintenance on 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 providedgiven equipment.
5.4 No warranty will 12. The Service Provider shall not be assumed, in particular, in the following cases: Unsuitable or in- correct use liable for damages caused by service actions performed by the Customer or by a 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 maintenance, unsuitable operating materials, defective construction work, unsuitable construction land, chemical, electrochemical or electrical influences, provided XXXX is not responsible for these circumstancesparty.
5.5 XXXX is also not required to provide a warranty insofar as defects of Products are based on defective materials supplied by the Customer or insofar as defects of Products are based on the fact that the Customer has prescribed the execution of the order ac- cording to construction plans of third parties.
5.6 A delivery of used Products agreed with the Customer in the individual case is made to the exclusion of any warranty, unless XXXX has caused the defect intentionally or through gross negligence or has fraudulently concealed the defect.
5.7 The warranty period will be one year from delivery or, where acceptance was stipu- lated, from acceptance. Replaced parts will become our property and must be sent to us at our request. If shipping, assembly or commissioning is delayed through no fault of our own, our liability will expire no later than twelve months after the transfer of risk.
5.8 The right of recovery in accordance with sections 445a, 445b German Civil Code (BGB) is excluded, unless XXXX has caused the defect intentionally or by gross neg- ligence or has fraudulently concealed the defect.
Appears in 1 contract
Samples: Service Agreement
Liability for defects. 5.1 The Customer is required 7.1 If the supplied goods have defects, the Buyer shall be entitled to inspect the delivered Products without undue delay after delivery and to report any defectshis statutory rights.
5.2 7.2 However, the special provisions of Number 9 shall apply for compensation claims for damages.
7.3 In addition to this, the following restrictions shall apply for contracts with Businessmen:
7.3.1 The delivered Products period covered by warranty shall be one year from delivery or acceptance, if acceptance is necessary.
7.3.2 The items supplied are deemed to have be inspected carefully straight away after delivery. They shall be regarded as having been approved if XXXX, with regard to obvious defects, obvious shortages we are not notified of a defect concerning manifest defects or other defects which were or would have been identifiable in with a careful inspection straight away following delivery within two weeks from the course of an immediate, careful inspection, has not received notifi- cation of the defect within 7 days of delivery of the productitems supplied, or otherwise – we should receive notification of a defect by the method specified in the case of unclear or hidden defects – Section 2.2 Sentence 4 above within 7 days two weeks of the discovery of the defect default or from the point in time at which the Buyer should have been able to identify the defect was identifiable to the Customer in the course of given normal use of the Product supplied item without closer subjecting it to a detailed inspection. Upon request, the supplied item about which a complaint has been made is to be returned to us carriage-free. If the notified defect is justified, we shall pay the costs of the cheapest method of dispatch. This shall not apply if the costs have been increased because the supplied item is located at a location other than the location of intended use.
5.3 In 7.3.3 If the event of a justified complaint, the Customer will be entitled to two attempts to rectify supplied items have quality 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 set we shall be both obliged and 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 choose whether to carry out assemblya repair or to supply a replacement.
7.3.4 If components supplied by other manufacturers are defective, and we are unable to rectify them on account of licensing law or physical reasons, we shall, as we choose, assert our warranty rights against the manufacturer and supplier for the Buyer’s account or assign them to the Buyer. Warranty rights may only be asserted against us for such defects subject to other preconditions being satisfied and in accordance with these General Terms and Conditions of Supply, if enforcement of the above-named claims through the courts against the manufacturer and supplier has not been successful, for example, if they have become insolvent and there is no prospect of success. The expenses required time limitation governing the Buyer’s warranty rights concerned against us shall be suspended for the purpose duration of inspection a legal dispute.
7.4 The warranty shall lapse if the Buyer modifies the supplied item without our consent or allows it to be modified by others and subsequent performance, in particular transport, travel, labour and material costs (not: removal and assembly costs), insofar as these are not increased because a result of this it is impossible to rectify the subject matter of defect or becomes unreasonably difficult to do so. In any case 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 Buyer shall have to bear the Customer for the additional costs incurred by the unjustified request for rectification of the modification when a 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 providedis rectified by us.
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 maintenance, unsuitable operating materials, defective construction work, unsuitable construction land, chemical, electrochemical or electrical influences, provided XXXX is not responsible for these circumstances.
5.5 XXXX is also not required to provide a warranty insofar as defects of Products are based on defective materials supplied by the Customer or insofar as defects of Products are based on the fact that the Customer has prescribed the execution of the order ac- cording to construction plans of third parties.
5.6 A delivery of used Products agreed with the Customer in the individual case is made to the exclusion of any warranty, unless XXXX has caused the defect intentionally or through gross negligence or has fraudulently concealed the defect.
5.7 The warranty period will be one year from delivery or, where acceptance was stipu- lated, from acceptance. Replaced parts will become our property and must be sent to us at our request. If shipping, assembly or commissioning is delayed through no fault of our own, our liability will expire no later than twelve months after the transfer of risk.
5.8 The right of recovery in accordance with sections 445a, 445b German Civil Code (BGB) is excluded, unless XXXX has caused the defect intentionally or by gross neg- ligence or has fraudulently concealed the defect.
Appears in 1 contract