Common use of Liability for defects Clause in Contracts

Liability for defects. BHJ is only liable for material defects in the goods and provided that the Purchaser has complained about a material defect within the deadline set out in section 10 and the complaint is justified. If the Purchaser established that BHJ can be held liable for the defects, BHJ shall in its sole discretion and as its sole obligation replace the delivery, remedy the defect, or offer the Purchaser a proportional price reduction, whereupon the defect shall be deemed to be fully remedied. The Purchaser is not entitled to compensation for losses including loss of business opportunities, loss of profit, loss of time or other indirect losses and BHJ´ total liability is limited in accordance with section 13. Clause 3 shall apply to delays in respect of replacement deliveries. If goods are used as a component or ingredient in the Purchaser's products and a material defect in the goods causes damage to such products or results in a loss for the Purchaser, BHJ is subject to a timely and justifiable complaint according to sections 10 and 11 liable for the Purchaser's documented direct loss. The Purchaser is not entitled to compensation for other losses including loss of business opportunities, loss of profit, loss of time or other indirect losses and BHJ' total loss is limited in accordance with section 13.

Appears in 2 contracts

Samples: General Conditions of Sale and Delivery, General Conditions of Sale and Delivery

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Liability for defects. BHJ is only liable for material defects in the goods and provided that the Purchaser purchaser has complained about a material defect within the deadline set out in section 10 and the complaint is justified. If the Purchaser purchaser established that BHJ can be held liable for the defects, BHJ shall in its sole discretion and as its sole obligation replace the delivery, remedy the defect, or offer the Purchaser purchaser a proportional price reduction, whereupon the defect shall be deemed to be fully remedied. The Purchaser purchaser is not entitled to compensation for losses including loss of business opportunities, loss of profit, loss of time or other indirect losses and BHJ´ 's total liability is limited in accordance with section 13. Clause Section 3 shall apply to delays in respect of replacement deliveries. If goods are used as a component or ingredient in the Purchaserpurchaser's products and a material defect in the goods causes damage to such products or results in a loss for the Purchaserpurchaser, BHJ is subject to a timely and justifiable complaint according to sections 10 and 11 liable for the Purchaserpurchaser's documented direct loss. The Purchaser purchaser is not entitled to compensation for other losses including loss of business opportunities, loss of profit, loss of time or other indirect losses and BHJ' 's total loss is limited in accordance with section 13.

Appears in 2 contracts

Samples: General Conditions of Sale and Delivery, General Conditions of Sale and Delivery

Liability for defects. BHJ is only liable for material defects in the goods and provided that the Purchaser purchaser has complained about a material defect within the deadline set out in section 10 and the complaint is justified. If the Purchaser purchaser established that BHJ can be held liable for the defects, BHJ shall in its sole discretion and as its sole obligation replace the delivery, remedy the defect, or offer the Purchaser purchaser a proportional price reduction, whereupon the defect shall be deemed to be fully remedied. The Purchaser purchaser is not entitled to compensation for losses including loss of business opportunities, loss of profit, loss of time or other indirect losses and BHJ´ 's total liability is limited in accordance with section 13. Clause Section 3 shall apply to delays in respect of replacement deliveries. If goods are used as a component or ingredient in the Purchaserpurchaser's products and a material defect in the goods causes damage to such products or results in a loss for the Purchaserpurchaser, BHJ is subject to a timely and justifiable complaint according to sections 10 and 11 liable for the Purchaserpurchaser's documented direct loss. The Purchaser purchaser is not entitled to compensation for other losses including loss of business opportunities, loss of profit, loss of time or other indirect losses and BHJ' 's total loss is limited in accordance with section 13. 12.

Appears in 2 contracts

Samples: General Conditions of Sale and Delivery, General Conditions of Sale and Delivery

Liability for defects. BHJ is only liable for material defects in the goods and provided that the Purchaser has complained about a material defect within the deadline set out in section 10 and the complaint is justified. If the Purchaser established that BHJ can be held liable li- able for the defects, BHJ shall in its sole discretion and as its sole obligation replace the delivery, remedy the defect, or offer the Purchaser a proportional pro- portional price reduction, whereupon the defect shall be deemed to be fully remedied. The Purchaser Pur- chaser is not entitled to compensation for losses including loss of business opportunities, loss of profit, loss of time or other indirect losses and BHJ´ total liability is limited in accordance with section 13. Clause 3 shall apply to delays in respect of replacement deliveries. If goods are used as a component or ingredient in the Purchaser's products prod- ucts and a material defect in the goods causes damage to such products or results in a loss for the Purchaser, BHJ is subject to a timely and justifiable complaint according to sections 10 and 11 liable for the Purchaser's documented direct loss. The Purchaser is not entitled to compensation for other losses including loss of business opportunitiesopportuni- ties, loss of profit, loss of time or other indirect losses and BHJ' total loss is limited in accordance with section 13.

Appears in 2 contracts

Samples: General Conditions of Sale and Delivery, General Conditions of Sale and Delivery

Liability for defects. BHJ is only liable for material defects in the goods and provided that the Purchaser has complained about a material defect within the deadline set out in section 10 and the complaint is justified. If the Purchaser established that BHJ can be held liable for the defects, BHJ shall in its sole discretion and as its sole obligation replace the delivery, remedy the defect, or offer the Purchaser a proportional price reduction, whereupon the defect shall be deemed to be fully remedied. The Purchaser is not entitled to compensation for losses including loss of business opportunities, loss of profit, loss of time or other indirect losses and BHJ´ 's total liability is limited in accordance with section 13. Clause 3 shall apply to delays in respect of replacement deliveries. If goods are used as a component or ingredient in the Purchaser's products and a material defect in the goods causes damage to such products or results in a loss for the Purchaser, BHJ is subject to a timely and justifiable complaint according to sections 10 and 11 liable for the Purchaser's documented direct loss. The Purchaser is not entitled to compensation for other losses including loss of business opportunities, loss of profit, loss of time or other indirect losses and BHJ' 's total loss is limited in accordance with section 13.

Appears in 1 contract

Samples: General Conditions of Sale and Delivery

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Liability for defects. BHJ is only liable for material defects in the goods and provided that the Purchaser purchaser has complained about a material defect within the deadline set out in section 10 and the complaint is justified. If the Purchaser purchaser established that BHJ can be held liable for the defects, BHJ shall in its sole discretion and as its sole obligation replace the delivery, remedy the defect, or offer the Purchaser purchaser a proportional price reduction, whereupon the defect shall be deemed to be fully remedied. The Purchaser purchaser is not entitled to compensation for losses including loss of business opportunities, loss of profit, loss of time or other indirect losses and BHJ´ ’s total liability is limited in accordance with section 13. Clause Section 3 shall apply to delays in respect of replacement deliveries. If goods are used as a component or ingredient in the Purchaser's purchaser’s products and a material defect in the goods causes damage to such products or results in a loss for the Purchaserpurchaser, BHJ is subject to a timely and justifiable complaint according to sections 10 and 11 liable for the Purchaser's purchaser’s documented direct loss. The Purchaser purchaser is not entitled to compensation for other losses including loss of business opportunities, loss of profit, loss of time or other indirect losses and BHJ' ’s total loss is limited in accordance with section 13.

Appears in 1 contract

Samples: General Conditions of Sale and Delivery

Liability for defects. BHJ is only liable for material defects in the goods and provided that the Purchaser purchaser has complained about a material defect within the deadline set out in section 10 and the complaint is justified. If the Purchaser purchaser established that BHJ can be held liable li- able for the defects, BHJ shall in its sole discretion and as its sole obligation replace the delivery, remedy the defect, or offer the Purchaser purchaser a proportional pro- portional price reduction, whereupon the defect shall be deemed to be fully remedied. The Purchaser pur- chaser is not entitled to compensation for losses including loss of business opportunities, loss of profit, loss of time or other indirect losses and BHJ´ 's total liability is limited in accordance with section 13. Clause Section 3 shall apply to delays in respect re- spect of replacement deliveries. If goods are used as a component or ingredient in the Purchaserpurchaser's products and a material defect in the goods causes damage to such products or results re- sults in a loss for the Purchaserpurchaser, BHJ is subject to a timely and justifiable complaint according to sections sec- tions 10 and 11 liable for the Purchaserpurchaser's documented docu- mented direct loss. The Purchaser purchaser is not entitled to compensation for other losses including loss of business opportunities, loss of profit, loss of time or other indirect losses and BHJ' 's total loss is limited lim- ited in accordance with section 13.

Appears in 1 contract

Samples: General Conditions of Sale and Delivery

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