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. 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.
Liability for material defects xxxx shall be liable for material defects (Sachmängelhaftung / Gewährleistung). Said obligation is hereby referred to as “Warranty”.
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.
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.
Liability for material defects. 20.1 Xxxx is entitled to the statutory claims for de- fects in full.
Liability for material defects. 8.1 Xxxxxx is entitled to demand rectifications and re-delivery. Xxxxxx also reserves the right withdraw from the contract or to reduce the contract price as well as the right to claim damages after it has fixed an adequate period of grace for subsequent fulfilment and this has expired without results.
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.
