Material Defects. 8.1 The vendor guarantees to the customer that the deliveries and services, when used in accordance with the contract, conform with the agreements outlined in point 3.1.
8.2 No claims of material defects may exist for merely insignificant deviations from the contractually agreed quality. Claims of material defects are also excluded if the deviation from the contractually agreed quality is based on excessive or improper use or natural wear. The same applies to such deviations that result from special external influences which are not provided for in the contracted. This also includes the use of deliveries and services in a usage environment not approved of by the vendor. Furthermore, claims are excluded with regard to the sale of second-hand articles.
8.3 The customer is to communicate in writing any material defects in comprehensible and detailed format, providing the information necessary for determining and analysing the defect. If nothing other has been agreed to, the customer shall use the vendor’s relevant forms and procedures to do this. Point 12.1, line 3 applies accordingly. Furthermore, the customer is also to support the vendor in eliminating the defects, where required.
8.4 If the customer is entitled to claims for defects, it first only has the right to remedial action within an appropriate period of time. At the vendor’s discretion, remedial action could entail the elimination of defects or a new delivery. The interests of the customer are to be considered properly in the vendor’s choice. If remedial action is performed, ownership of the objects exchanged as part of the remedial action is transferred to the vendor at the time of the exchange. The processing of the customer’s notification of material defects by the vendor shall only lead to a suspension to the period of limitation if statutory regulations for this exist. Remedial action can only influence the limitation period of the defect caused by the remedial action.
8.5 If the remedial action is unsuccessful or is not performed for other reasons, the customer may, in accordance with statutory requirements, reduce the remuneration, withdraw from the contract and/or demand compensation for damages or expenses in line with points 10.1–10.3. The customer can exercise its right – to which it is entitled – to choose what to do within an appropriate time period. This is usually taken as 14 calendar days from the opportunity to announce the chosen option by the customer.
8.6 If the customer withdr...
Material Defects. (i) On or before the Closing Date, the Seller shall make the Mortgage Files available to the Purchaser or its agent for examination, which examination may be at the offices of the Custodian or the Seller. The fact that the Purchaser or its agent has conducted or has failed to conduct any partial or complete examination of the Mortgage Files shall not affect the Purchaser's rights to demand cure, repurchase, substitution or other relief as provided in this Agreement.
(ii) If any document is missing, has not been executed, is unrelated, determined on the basis of the Mortgagor name, original principal balance and loan number, to the Mortgage Loans identified in the Mortgage Loan Schedule (a "Material Defect"), the Purchaser or its assignee shall promptly notify the Seller in writing of such Material Defect. The Seller shall correct or cure any such Material Defect within 90 days from the date of notice of the Material Defect and if the Seller does not correct or cure such Material Defect within such period and such defect materially and adversely affects the interests of the Purchaser or its assignee in the related Mortgage Loan, the Seller will either (a) substitute for the related Mortgage Loan a Substitute Mortgage Loan, which substitution shall be accomplished in the manner and subject to the conditions set forth in this Section 5 or (b) purchase such Mortgage Loan from the Purchaser or its assignee at the Repurchase Price for such Mortgage Loan; provided that, if such defect would cause the Mortgage Loan to be other than a "qualified mortgage" as defined in Section 860G(a)(3) of the Internal Revenue Code, any such cure, repurchase or substitution must occur within 90 days from the date such breach was discovered; provided, further that if such defect relates solely to the inability of the Seller to deliver the original Mortgage or intervening assignments thereof, or a certified copy, because the originals of such documents, or a certified copy, have not been returned by the applicable recording office, the Seller shall not be required to purchase such Mortgage Loan if the Seller delivers such original documents or certified copy promptly upon receipt, but in no event later than 360 days after the Closing Date. The foregoing repurchase or substitution obligation shall not apply in the event that the Seller cannot deliver such original or copy of any document submitted for recording to the appropriate recording office in the applicable jurisdiction becaus...
Material Defects. 6.1.1 Details given by the Seller about the properties of the article to be supplied are the result of his measurements and calculations and shall be the article’s agreed nature, but not its warranted qualities or guarantees within the meaning of Article 197 of the Code of Obligations (OR).
6.1.2 The purchaser can assert claims due to a material defect only if he has properly fulfilled his obligations to examine the supplied article and to give notice of defects in accordance with Article 201 of the Code of Obligations (OR) and Section 6.1.3 below.
6.1.3 All parts that prove to be defective as a result of circumstances before the transfer risk shall, at the discretion of the Seller, be repaired or resupplied free of charge. Such defects shall be reported to the Seller clearly and in writing as soon as they are discovered. Replaced parts shall become the property of the Seller.
6.1.4 The Seller’s liability for material defects in essential third-party products, which are an integral part or accessories of the delivered goods, shall be limited to assignment of the claims for material defects of the Seller against his supplier. If the assigned claims for material defects are not settled, the claims of the purchaser against the Seller due to material defects shall be revived.
6.1.5 Following agreement with the Seller, the purchaser shall give the Seller the required time and opportunity to make all the repairs and to supply such replacements as the Seller deems necessary; otherwise, the Seller shall be discharged from liability for the resultant consequences. The purchaser shall have the right to rectify the defect himself or have it rectified by a third party and demand compensation for his necessary expenses from the Seller only in urgent cases of risk to safety or to avert disproportionately great damage; the Seller shall be informed immediately thereof.
6.1.6 Of the direct costs incurred as a result of repair or delivery of a replacement, the Seller shall – provided the complaint proves to be justified – bear the costs of the replacement item, including the cost of shipping it to the place of performance. The Seller shall also bear the reasonable costs of removing the defective part supplied and the costs of installing the replacement item, if installation of the part that later became defective was originally part of the contract. The acceptance of further costs incurred by the Seller in connection with rectification or replacement delivery shall be expre...
Material Defects. The warranty in section 9.1-9.3 shall not apply to any material defect caused by: (a) any change to the Software, except where such changes were made by OT in relation to the provision maintenance and support services or Licensee proves that defects which have arisen are not attributable to the change/modification and that error analysis and rectification by OT is not effected thereby.; (b) Licensee's failure to provide a suitable installation or operating environment for the Software; (c) use of the Software on a software or hardware platform not approved by OT in writing; (d) software, hardware, firmware, data, or technology not licensed or approved by OT in writing; (e) any telecommunications medium used by Licensee; (f) Licensee's own computer system; or (g) failure of Licensee and/or user to comply with the Documentation. OT does not warrant that the Software is error-free or will operate without interruption.
Material Defects. Contractor shall give State prompt notice if Contractor becomes aware of a material defect in any Deliverables or the performance of any Services or any issue that may affect Contractor’s ability to implement the Solution, including all Guaranteed Functionality and Guaranteed Performance, in accordance with the timeline required by this Agreement.
Material Defects. If the Defects are substantial in number, or the nature of the Defect(s) deprive DALO of the intended use of the Deliverables, this shall constitute a material breach of the Co n- tract, entitling DALO to remedies as set out in clause 10.
Material Defects. If a Material Defect is suspected, (a) the CBOT shall, immediately upon becoming aware of such suspected Material Defect, provide LIFFE's Project Manager written notice of such suspected Material Defect, together with all Evidence of such suspected Material Defect reasonably available to the CBOT, and (b) at LIFFE's request, the Confidential Information Omitted and Filed Separately with the Commission. Omitted Portions Indicated by [**]. Parties shall re-perform the relevant Integration Testing and present the results thereof to each Party's Project Manager. If the Parties agree that Integration Testing has revealed a Material Defect, the Parties shall document the nature of the Material Defect identified by the Integration Testing. As soon as reasonably practicable thereafter, (i) LIFFE shall use reasonable efforts to remedy the Material Defect and shall notify the CBOT's Project Manager once LIFFE reasonably believes the Material Defect has been remedied; and (ii) the Parties shall repeat the Integration Testing, in whole or in part as necessary, to confirm that such Material Defect has been remedied. If such initial efforts to remedy the Material Defect prove unsuccessful, this cycle shall be repeated until (x) Integration Testing results reveal no Material Defects or (y) the CBOT otherwise agrees to issue an Initial Acceptance Certificate, and the CBOT shall not incur any Charges for LIFFE's Services in respect of such repeated cycle(s) in the event that the need to repeat such cycle is due to LIFFE's failure to remedy the Material Defect.
Material Defects. Seller acknowledges disclosure to Buyer of all known material defects in the property and Xxxxx acknowledges receipt of the same and hereby waives any and all future claims based on the disclosed defects. Seller further warrants to Buyer that Xxxxxx neither knows of nor suspects any environmental contamination on the subject property or has made full disclosure to Buyer.
Material Defects. The warranty in section 9.1-9.3 shall not apply to any material defect caused by: (a) any change to the Software, except where such changes were made by OT in relation to the provision maintenance and support services or Licensee proves that defects which have arisen are not attributable to the change/modification and that error analysis and rectification by OT is not effected thereby.; (b) Licensee's failure to provide a suitable installation or operating environment for the Software; (c) use of the Software on a software or hardware platform not approved by OT in writing;
Material Defects. 19.1 The parties agree that software generally cannot be created without errors; this also applies to the software covered by these terms and conditions.
19.2 Material defect claims related to the software become time-barred within 12 months of the transfer of risk. The aforementioned provisions shall not apply in cases where the Art. 188 of PRC Civil Code prescribes longer limitation periods and in cases of a liability for damage from injury to life, body or health as well as in cases of a liability for damage arising from an intentional or grossly negligent breach of duty.
19.3 Software is considered to have a material defect only if you can prove that there are reproducible deviations from the specification in the datasheet or the operating instructions. A material defect does not exist if it does not appear in the version of the software last transferred to you and its use is deemed reasonable for the buyer.
19.4 Material defect claims do not exist − for damage arising as a result of incorrect or negligent use of the software − for damage arising from special external factors that are not preconditions in accordance with the contract − for modifications made by Buyer or third parties and the consequences − for software expanded by Xxxxx or a third party beyond an interface envisaged by Seller for this purpose − in a situation where the software is not compatible with the data processing environment used by Buyer.
19.5 The claim for supplementary performance is fulfilled as follows in the case of software: We provide you with a new edition (Update) or a new version (Upgrade) of the software, provided we have such or it can be procured by us at a reasonable cost.
