Liability for material defects. The Contractor’s liability for material defects shall be based on the statutory requirements.
Liability for material defects. The liability of STÜKEN shall be limited to the agreed characteristics only (customer specification). Any applicable legal or normative requirements resulting from the special application must be clearly identified by the Customer and confirmed by STÜKEN. The responsibility for suitability and function lies exclusively with the Customer. The Customer shall fully inform STÜKEN, especially in the case of legal requirements, about the exact function as well as special requirements resulting from the use of the delivered STÜKEN products in the Customer's product, in written form before placing the order. Confirmation of the facts shall be made exclusively in writing by STÜKEN. The Customer undertakes to examine the goods immediately on receipt. STÜKEN is to be informed of any instance of non-conforming product immediately in writing no later than 10 days after receipt of goods. Non- visible defects are to be notified in writing no later than 10 days after being ascertained. In the case of a delay in the notification of the default there shall no longer be any warranty whatsoever. Claims for defects shall not exist in the case of a mere insignificant deviation of the agreed quality and in the case of a mere insignificant impairment of the usability. A desired heat treatment is carried out with the necessary care and appropriate means. Success of heat treatment, for example for absence of warpage and cracks, surface hardness, hardness penetration, curing, electroplating process etc., is not guaranteed in particular due to possible variations in hardenability of the material used, latent defects, disadvantageous shaping or because of any possible customer induced changes in the previous workflow. If heat treatment is unsuccessful without STÜKEN being responsible because STÜKEN was unaware of hidden faults in the raw material prior to the heat treatment or could not know about them or because properties of the material used, the shape or the condition of the workpieces hindered a successful heat treatment without STÜKEN knowing about this and could not know this, the piece price has to be paid nonetheless. Required subsequent treatments are charged separately under the above mentioned conditions. Prior to shipment the goods are checked in the customary scope or to the customer's specifications, respectively, at the STÜKEN facility. Further tests and analyses are carried out only by special agreement. The outgoing inspection at STÜKEN does not release the buyer fro...
Liability for material defects xxxx shall be liable for material defects (Sachmängelhaftung / Gewährleistung). Said obligation is hereby referred to as “Warranty”.
7.1. [TERM]
7.1.1. The Warranty granted by xxxx for any products and/or services delivered by xxxx shall be subject to applicable German statutory provisions, however, limited to twelve (12) months as of delivery or acceptance, whichever applies according to German law.
7.1.2. The period of Warranty for spare and single parts (except consumption material) is limited to twelve
Liability for material defects. 13.1 The rights of the Customer to claim based on defects (Sachmängel) shall be limited to a period of three years, pro- vided that the law does not provide for longer periods or the Parties have agreed otherwise. The limitation period shall commence from the time of the transfer of risk (section 5.1). In case of deliveries of goods or services to customers of the Customer, the limitation period shall run from the time of ac- ceptance by the Customer's customer.
13.2.1 Technical specifications of the Contractor shall not constitute a conclusive agreement on quality (Beschaffenheitsverein- barung) such as, for example, as provided for in § 434 (I) 1 German Civil Code (BGB) or by § 633 (II) 2
Liability for material defects. 10.1 The Supplier guarantees the agreed condition of the Products and Performances at the passing of risk. Unless otherwise agreed, the agreed condition shall correspond to the
10.2 Any liability for damages not arisen at the object of delivery itself and/or for any other consequential damages of whatever kind is excluded. This non-liability does not apply to intent, gross negligence by executives, as well as to culpable breach of essential Contractual obligations. At culpable breach of essential Contractual obligations we are only liable for a reasonably foreseeable damage typical under the Contract. Such non-liability shall also not apply to cases of an imperative liability based on the Produkthaftungsgesetz / German Product Liability Act provisions concerning injury to life, personal injury, or injury to health, and whose contents is just the purpose to cover the Orderer against such damages.
Liability for material defects. To the exclusion of further claims and without prejudice to the rights as specified in Section IX of these Terms of Delivery ITC shall assume the following liabilities: It shall be at the discretion of ITC to rework or to deliver again all those parts which, within a period of six months from the date of operation of any delivery item(s) and due to an occurrence prior to the date of passing of risk, prove to be unsuitable or essentially impaired in their usefulness - particularly because of imperfect construction, bad construction materials or unqualified workmanship. The customer undertakes to inform ITC in writing of any such defects and deficiencies immediately upon their detection. Any exchanged parts shall remain in the property of ITC. In the event shipment, installation or operation is delayed for reasons beyond the control of ITC, ITC shall be deemed discharged of its liability the latest twelve months from the date of passing of risk. The right of the customer to claim damages on the basis of defects, in any and all events, shall be subject to the statute of limitation within six months which period begins to run at the date of the timely filing of the notice of defects and expires not earlier than at the expiry date of the warranty term. ITC shall not be liable for any damages resulting from or in connection with the following: Improper or unqualified use, natural wear and tear, unqualified assembly or operation by the customer or any third party or parties, wrong or negligent treatment or unsuitable means of operation. ITC shall, furthermore, not assume liability for any and all damages resulting from the fact that the delivery item(s) is (are) accommodated in rooms or premises which are defective from a constructional point of view or wherein the delivery item(s) is (are) exposed to chemical, electrochemical or electrical influences or polluted air. The customer shall allow ITC the necessary time and opportunity to effect any repairs ITC considers to be necessary and to effect shipment of the remaining lots; failure to comply with this provision even after the lapse of a reasonable extension granted to the customer shall result in ITC's being discharged of its liability to remedy defects. It shall be only in cases of emergency where the industrial safety is endangered and for purposes of warding off unreasonably high damages or in cases where ITC is in delay with remedying any defects that the customer shall be authorized to correct any such de...
Liability for material defects. 9.1 Loacker must be granted the opportunity to inspect the rejected goods.
9.2 If a timely objected defect is substantiated, Xxxxxxx will provide at his discretion supplementary performance in form of a replacement through defect-free goods step by step against restitution of the objected goods. In case of a replacement, Xxxxxxx shall only be obligated to bear the costs of all expenses required for the purposes of the replacement (particularly transportation, circulation, work and material costs), insofar as the defect has been caused by Xxxxxxx and insofar as these expenses will not be increased by the fact that the goods have been transferred to another place as the place of fulfilment.
9.3 In case the supplementary performance remains without success, the contractual partner shall be entitled to a price reduction or a rescission of the contract as well as to indemnification in accordance with the statutory provisions; however, the scope of liability is limited in accordance with the provisions of clause 5 mentioned above.
Liability for material defects. (1) We shall guarantee the ordered goods’ freedom from defects at the time of handover according to the respective state of the art.
(2) The contractual partner’s claims for remedying defects shall primarily be limited to a claim for supplementary performance, i.e. subsequent improvement or replacement. We shall have the right to subsequent- ly improve or replace at our option. If the subsequent improvement or replacement delivery fails, purchaser can demand reduction of the purchase price or withdraw from the contract. The subsequent im- provement shall be deemed to have failed if and when a xxxxx xxxx- od set for us for supplementary performance has expired.
(3) The limitation period for material defects shall be, for newly produced items, one year after delivery of the item. The presumed defective- ness according to section 924 sentence 2 of the Civil Code of Austria as well as a potential right of recourse of purchaser according to sec- tion 933 b of the Civil Code of Austria shall be waived. The sale of used goods shall be made to the exclusion of any liability for material defects.
(4) We shall be liable according to statutory provisions if purchaser asserts claims for damages based on malice, intention or gross neg- ligence including malice, intention or gross negligence of our repre- sentatives or vicarious agents. Provided we are not accused of inten- tional breach of contract, liability shall be limited to the foreseeable and usually occurring damage; however, to the maximum of the sum covered by our manufacturer’s liability insurance (€10.226 million). In all other cases, liability for damages shall be excluded; in this re- spect, we shall especially not be liable for consequential damage, fi- nancial damage and damage due to claims of third parties against purchaser, unless they concern injury to life, body and/or health. The mandatory liability according to the Product Liability Act shall also remain unaffected; however, a possible right of recourse of purchas- er according to section 12 of the Product Liability Act shall be ex- cluded.
(5) In case of subsequent improvement, we shall only be obliged to bear all expenses required for the purpose of remedying defects, espe- cially transport, travel, labour, and material expenses, at the place of performance. If the goods have been brought to a place other than the place of performance, purchaser shall bear the additional costs themselves.
(6) Aforementioned regulations shall also apply to damage...
Liability for material defects. 10.1 The Supplier guarantees the agreed condition of the Products and Performances at the passing of risk. Unless otherwise agreed, the agreed condition shall correspond to the Supplier’s specifications as valid and made known with the confirmation of the order.
10.2 Any liability for damages not arisen at the object of delivery itself and/or for any other consequential damages of whatever kind is excluded. This non-liability does not apply to intent, gross negligence by executives, as well as to culpable breach of essential Contractual obligations. At culpable breach of essential Contractual obligations, we are only liable for a reasonably foreseeable damage typical under the Contract. Such non-liability shall also not apply to cases of an imperative liability based on the Produkthaftungsgesetz / German Product Liability Act provisions concerning injury to life, personal injury, or injury to health, and whose contents is just the purpose to cover the Orderer against such damages.
Liability for material defects. Unless otherwise provided for herein, the Real Property will be sold without liability for size, quality and condition as well as for non-material defects. HP shall not and does not assume any warranty for the quality of the property and the condition of the building at the point in time when it is transferred, for the correctness of the dimensions listed for the space and freedom from encumbrances which apply without entry of such having been made in the Land Register. The ownership of the land shall be transferred as is. HP has not pledged any features hereto. Nor shall HP be liable for any hidden defects with the exception of those of which it is aware. HP represents and agrees that it is not aware of any hidden defects. Multek Europe has been expressly made aware, and agrees, that liability by HP for material defects is excluded. Multek Europe has been informed as to contamination present on the property and the measures which have been taken to clean up such as laid down in the reports as far as known to HP. HP therefore shall not and does not assume any liability for the Property being free from other contamination notwithstanding other contractual provisions to the contrary.
