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 expressly excluded. 6.1.7 Within the framework of the statutory provisions, the purchaser shall have the right to rescind the contract if the Seller fails to remedy a material defect by a reasonable period of time set for him to repair the article or supply a replacement where non-compliance within the additional period is due to circumstances which can be attributed to the Seller but not in cases of force majeure or similar instances. If the defect is only insignificant and the Seller has failed to remedy the defect by a reasonable period of time set for him to repair the article or supply a replacement, the purchaser shall merely have a right to a reduction in the contractual price. 6.1.8 The Seller shall not be liable for defects that are attributable to measures or designs expressly demanded by the purchaser or that occur in materials or products which have been provided by the purchaser or whose use the purchaser has expressly demanded contrary to the Seller’s advice. In particular, no liability shall be assumed in the following cases: Unsuitable or improper use or incorrect installation or commissioning by the purchaser or a third party, failure to use original parts and materials, normal wear and tear, incorrect or negligent handling, improper maintenance, unsuitable operating supplies, faulty construction work, unsuitable subsoil, failure to back up or inadequate backing up of data by the purchaser; failure to check or inadequate checking of programs and data for computer viruses (as defined in Section 9.3) by the purchaser, unusual effects of any kind (e.g. vibrations from other assemblies, ingress of foreign matter), chemical, electrochemical or electrical influences – unless the Seller is to blame for them, violation by the purchaser of the obligations described in section 6.2.4. 6.1.9 If the purchaser or a third party carries out repairs improperly, the Seller shall not be liable for the resultant consequences. The same shall apply to changes to the supplied article that have been made without the prior consent of the Seller. 6.1.10 The purchaser shall be obliged to return the defective part to the Seller at the request of the Seller. 6.1.11 Subject to Section 8.2, the above warranty provisions shall apply accordingly to rectification of defects.
Appears in 2 contracts
Samples: General Terms of Sale, General Terms of Sale
Material Defects. 6.1.1 7.1.1 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 7.1.2 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 7.1.3 below. Notices of defects and complaints of any kind are to be given in writing by entrepreneurial customers to the Seller within the statutory period, with as exact a description of the defect as possible and an indication of the possible causes, otherwise the warranty claims will be forfeited. If no complaint is made, the article shall be deemed to have been approved.
6.1.3 7.1.3 All parts that prove to be defective as a result because 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 7.1.4 The purchaser must prove that the defect was already present at the time of transfer of risk.
7.1.5 The Seller’s liability for material defects in essential third-party products, which are an integral part or accessories of the delivered goodssupplied articles, 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 7.1.6 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 damagesafety; the Seller shall be informed immediately thereof.
6.1.6 7.1.7 Of the direct costs incurred as a result because of repair or delivery of a replacement, the Seller shall – provided the complaint proves to be justified – bear the costs of the repair work and/or the replacement itemitem (material- and workmanship costs), 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, article if installation of the part that later became defective was originally part of the contractcontract due from the Seller. The acceptance of further costs incurred by the Seller in connection with rectification or replacement delivery shall be expressly excluded.
6.1.7 7.1.8 Within the framework of the statutory provisions, the purchaser shall have the right to rescind the contract if the Seller fails to remedy a material defect by a reasonable period of time set for him to repair the article or supply a replacement where non-compliance within the additional period is due to circumstances which can be attributed to the Seller but not in cases of force majeure or similar instances. If the defect is only insignificant and the Seller has failed to remedy the defect by a reasonable period of time set for him to repair the article or supply a replacement, the purchaser shall merely have a right to a reduction in the contractual price.
6.1.8 7.1.9 The Seller shall not be liable for defects that are attributable to measures or designs expressly demanded by the purchaser or that occur in materials or products which have been provided by the purchaser or whose use the purchaser has expressly demanded contrary to the Seller’s advice. In particular, no No liability shall be assumed in the following cases: Unsuitable or improper use or incorrect installation or commissioning by the purchaser or a third party, ; failure to use original parts and materials, ; normal wear and tear, ; incorrect or negligent handling, ; improper maintenance, ; unsuitable operating supplies, ; faulty construction work, ; unsuitable subsoil, ; failure to back up or inadequate backing up of data by the purchaser; failure to check or inadequate checking of programs and data for computer viruses (as defined in Section 9.310.3) by the purchaser, ; unusual effects of any kind (e.g. vibrations from other assemblies, ingress of foreign matter), ; corrosion (e.g. through halogens); chemical, electrochemical or electrical influences – unless the Seller is to blame for them, ; violation by the purchaser of the obligations described in section 6.2.4Section 7.2.4.
6.1.9 7.1.10 If the purchaser or a third party carries out repairs improperly, the Seller shall not be liable for the resultant consequences. The same shall apply to changes to the supplied article that have been made without the prior consent of the Seller.
6.1.10 7.1.11 The title of articles or services complained about shall pass back to the purchaser, if this is feasible. The purchaser shall be obliged to return the defective part at its cost and expense to the Seller at the request of the Seller.
6.1.11 7.1.12 Subject to Section 8.29.2, the above warranty provisions shall apply accordingly to rectification of defects.
Appears in 1 contract
Samples: General Terms of Sale
Material Defects. 6.1.1 7.1.1 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 7.1.2 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 within 10 working days after receipt of the supplied article and in accordance with Article 201 of the Code of Obligations (OR) and Section 6.1.3 7.1.3 below.
6.1.3 7.1.3 All parts that prove to be defective as a result because 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 7.1.4 The purchaser must prove that the defect was already present at the time of transfer of risk.
7.1.5 The Seller’s liability for material defects in essential third-party products, which are an integral part or accessories of the delivered goodssupplied articles, 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 7.1.6 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 damagesafety; the Seller shall be informed immediately thereof.
6.1.6 7.1.7 Of the direct costs incurred as a result because of repair or delivery of a replacement, the Seller shall – provided the complaint proves to be justified – bear the costs of the repair work and/or the replacement itemitem (material- and workmanship costs), 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, article if installation of the part that later became defective was originally part of the contractcontract due from the Seller. The acceptance of further costs incurred by the Seller in connection with rectification or replacement delivery shall be expressly excluded.
6.1.7 Within the framework of the statutory provisions, the 7.1.8 The purchaser shall have the right to rescind the contract if the Seller fails to remedy a material defect by a reasonable period of time set for him to repair the article or supply a replacement where non-non- compliance within the additional period is due to circumstances which can be attributed to the Seller but not in cases of force majeure or similar instances. If the defect is only insignificant and the Seller has failed to remedy the defect by a reasonable period of time set for him to repair the article or supply a replacement, the purchaser shall merely have a right to a reduction in the contractual price.
6.1.8 7.1.9 The Seller shall not be liable for defects that are attributable to measures or designs expressly demanded by the purchaser or that occur in materials or products which have been provided by the purchaser or whose use the purchaser has expressly demanded contrary to the Seller’s advice. In particular, no No liability shall be assumed in the following cases: Unsuitable or improper use or incorrect installation or commissioning by the purchaser or a third party, ; failure to use original parts and materials, ; normal wear and tear, ; incorrect or negligent handling, ; improper maintenance, ; unsuitable operating supplies, ; faulty construction work, ; unsuitable subsoil, ; failure to back up or inadequate backing up of data by the purchaser; failure to check or inadequate checking of programs and data for computer viruses (as defined in Section 9.310.3) by the purchaser, ; unusual effects of any kind (e.g. vibrations from other assemblies, ingress of foreign matter), ; corrosion (e.g. through halogens); chemical, electrochemical or electrical influences – unless the Seller is to blame for them, ; violation by the purchaser of the obligations described in section 6.2.4Section 7.2.4.
6.1.9 7.1.10 If the purchaser or a third party carries out repairs improperly, the Seller shall not be liable for the resultant consequences. The same shall apply to changes to the supplied article that have been made without the prior consent of the Seller.
6.1.10 7.1.11 The title of articles or services complained about shall pass back to the purchaser, if this is feasible. The purchaser shall be obliged to return the defective part at its cost and expense to the Seller at the request of the Seller.
6.1.11 7.1.12 Subject to Section 8.29.2, the above warranty provisions shall apply accordingly to rectification of defects.
Appears in 1 contract
Samples: General Terms of Sale
Material Defects. 6.1.1 7.1.1 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)guarantees.
6.1.2 7.1.2 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 Section 7.1.3 below.Notices of defects and complaints of any kind are to be given in writing by purchaser to the Seller within seven (7) days from the discovery of the Code defect, with as exact a description of Obligations (OR) the defect as possible and Section 6.1.3 belowan indication of the possible causes, otherwise the warranty claims will be forfeited. The articles or services complained about shall be handed over or made accessible by the purchaser, if this is feasible. If no complaint is made, the article shall be deemed to have been approved.
6.1.3 7.1.3 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 7.1.4 The purchaser has to prove that the defect was already present at the time of transfer of risk.
7.1.5 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 7.1.6 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 damagesafety; the Seller shall be informed immediately thereof.
6.1.6 7.1.7 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 repair work and/or the replacement item, including the cost of shipping it to the place of performance. The Seller Any costs exceeding this 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 only be borne by the Seller in connection with rectification or replacement delivery shall be expressly excludedinsofar as the defect was caused by the Seller.
6.1.7 Within the framework of the statutory provisions, the 7.1.8 The purchaser shall have the right to rescind the contract if the Seller fails to remedy a material defect by a reasonable period of time set for him to repair the article or supply a replacement where non-non- compliance within the additional period is due to circumstances which can be attributed to the Seller but not in cases of force majeure or similar instances. If the defect is only insignificant and the Seller has failed to remedy the defect by a reasonable period of time set for him to repair the article or supply a replacement, the purchaser shall merely have a right to a reduction in the contractual price.
6.1.8 7.1.9 The Seller shall not be liable for defects that are attributable to measures or designs expressly demanded by the purchaser or that occur in materials or products which have been provided by the purchaser or whose use the purchaser has expressly demanded contrary to the Seller’s advice. In particular, furthermore, no liability shall be assumed in the following cases: Unsuitable or improper use or incorrect installation or commissioning by the purchaser or a third party, failure to use original parts and materials, normal wear and tear, incorrect or negligent handling, improper maintenance, unsuitable operating supplies, faulty construction work, unsuitable subsoil, failure to back up or inadequate backing up of data by the purchaser; failure to check or inadequate checking of programs and data for computer viruses (as defined in Section 9.311.3) by the purchaser, unusual effects of any kind (e.g. vibrations from other assemblies, ingress of foreign matter), chemical, electrochemical or electrical influences – unless the Seller is to blame for them, violation by the purchaser of the obligations described in section 6.2.47.2.4.
6.1.9 7.1.10 If the purchaser or a third party carries out repairs improperly, the Seller shall not be liable for the resultant consequences. The same shall apply to changes to the supplied article that have been made without the prior consent of the Seller.
6.1.10 7.1.11 The purchaser shall be obliged to return the defective part at its cost and expense to the Seller at the request of the Seller.
6.1.11 7.1.12 Subject to Section 8.29, the above warranty provisions shall apply accordingly to rectification of defects.
Appears in 1 contract
Samples: General Terms of Sale
Material Defects. 6.1.1 7.1.1 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 2095 et seq. of the Code of Obligations (OR)Czech Civil Code.
6.1.2 7.1.2 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 defectsin accordance with Article 201 the statutory provisions and Section 7.1.3 below. Notices of defects and complaints of any kind are to be given in writing by entrepreneurial customers to the Seller within the statutory period, with as exact a description of the Code defect as possible and an indication of Obligations (OR) and Section 6.1.3 belowthe possible causes, otherwise the warranty claims will be forfeited. If no complaint is made, the article shall be deemed to have been approved.
6.1.3 7.1.3 All parts that prove to be defective as a result because 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 7.1.4 The purchaser must prove that the defect was already present at the time of transfer of risk if the defects manifest beyond six months after delivery of the supplied article.
7.1.5 The Seller’s liability for material defects in essential third-party products, which are an integral part or accessories of the delivered goodssupplied articles, 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 7.1.6 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 damagesafety; the Seller shall be informed immediately thereof.
6.1.6 7.1.7 Of the direct costs incurred as a result because of repair or delivery of a replacement, the Seller shall – provided the complaint proves to be justified – bear the costs of the repair work and/or the replacement itemitem (material- and workmanship costs), 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, article if installation of the part that later became defective was originally part of the contractcontract due from the Seller. The acceptance of further costs incurred by the Seller in connection with rectification or replacement delivery shall be expressly excluded.
6.1.7 7.1.8 Within the framework of the statutory provisions, the purchaser shall have the right to rescind the contract if the Seller fails to remedy a material defect by a reasonable period of time set for him to repair the article or supply a replacement where non-compliance within the additional period is due to circumstances which can be attributed to the Seller but not in cases of force majeure or similar instances. If the defect is only insignificant and the Seller has failed to remedy the defect by a reasonable period of time set for him to repair the article or supply a replacement, the purchaser shall merely have a right to a reduction in the contractual price.
6.1.8 7.1.9 The Seller shall not be liable for defects that are attributable to measures or designs expressly demanded by the purchaser or that occur in materials or products which have been provided by the purchaser or whose use the purchaser has expressly demanded contrary to the Seller’s advice. In particular, no No liability shall be assumed in the following cases: Unsuitable or improper use or incorrect installation or commissioning by the purchaser or a third party, ; failure to use original parts and materials, ; normal wear and tear, ; incorrect or negligent handling, ; improper maintenance, ; unsuitable operating supplies, ; faulty construction work, ; unsuitable subsoil, ; failure to back up or inadequate backing up of data by the purchaser; failure to check or inadequate checking of programs and data for computer viruses (as defined in Section 9.310.3) by the purchaser, ; unusual effects of any kind (e.g. vibrations from other assemblies, ingress of foreign matter), ; corrosion (e.g. through halogens); chemical, electrochemical or electrical influences – unless the Seller is to blame for them, ; violation by the purchaser of the obligations described in section 6.2.4Section 7.2.4.
6.1.9 7.1.10 If the purchaser or a third party carries out repairs improperly, the Seller shall not be liable for the resultant consequences. The same shall apply to changes to the supplied article that have been made without the prior consent of the Seller.
6.1.10 7.1.11 The title of articles or services complained about shall pass back to the purchaser, if this is feasible. The purchaser shall be obliged to return the defective part at its cost and expense to the Seller at the request of the Seller.
6.1.11 7.1.12 Subject to Section 8.29.2, the above warranty provisions shall apply accordingly to rectification of defects.
Appears in 1 contract
Samples: General Terms of Sale
Material Defects. 6.1.1 Details given by 7.1.1 In the extent of defects and legal imperfections, the Seller about is liable towards purchaser based on applicable law with the properties reservation of the article to be supplied provisions below. The Seller is liable only for the defects or legal imperfections if there are the result of caused by 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 fault. Defect is when there is divergence between the supplied article and the agreement, the supplied article is inconsistent with the agreement, if:
1) it does not have the properties, which good of that kind shall have according to give notice the aim pointed in the agreement or resulting from the circumstances or its purpose;
2) the supplied article does not have the properties of defects in accordance with Article 201 which the Seller has assured the purchaser, including providing the sample or model;
3) is unfit for the aim which was presented by the purchaser to the Seller while concluding the agreement and the Seller made no reservation for such use of the Code supplied article;
4) was handed over to the purchaser in an incomplete condition. The Seller is liable towards the purchaser if the supplied article is owned by a third party or if it is encumbered with a third party right or also if such limitation in use or management of Obligations supplied articles results from the decision or judgment of the competent authority; in the event of the sale of rights, the Seller is also liable for the existence of the rights (OR) and Section 6.1.3 belowimplied warranty for legal defects).
6.1.3 7.1.2 In case if the Seller provides the purchaser with a warranty for the quality of the supplied articles by issuing the proper warranty card, the liability of such warranty hard shall apply and prevail, any further warranty for defects of the Seller according to Section 7 is excluded.
7.1.3 With the reservation of mandatory provisions of law, the liability of Seller under implied warranty for defects expires after two years since leaving supplied articles by the Seller at the disposal of the purchaser.
7.1.4 The liability of the Seller under implied warranty for defects includes solely defects resulting from an element inherent in the supplied articles or which arisen before passing the risk to the purchaser.
7.1.5 All parts that prove to be defective as a result because 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 7.1.6 The liability of the Seller does not include defects about which the purchaser knew or could have known on a best-efforts basis at the time of leaving supplied articles at the purchaser’s disposal.
7.1.7 The Seller is not liable under implied warranty for defects which occurred during the transport conducted by the purchaser or third-party conducting transport to the benefit of the purchaser, during the shipment or unloading of articles, improper safe-keeping, usage, use, installation, maintenance, repair, alteration etc.
7.1.8 The purchaser at the moment of collecting the articles is obliged to its careful examination in respect of quantity, conformity to order’s specification and possible visible defects of articles. Examined shall be also attached to articles documentation and possible software.
7.1.9 All claims under implied warranty for defects, the purchaser shall notify in writing otherwise being null and void, to Seller immediately. In case of the hidden defects, which purchaser could not have detected at the moment of handing over the articles, despite assuring the highest degree of professional care and conduct, the purchase shall notify to the Seller immediately since their discovery, in writing otherwise being null and void. The notification shall include the marking and quantity of articles, number and date of the order, date of collection, description of discovered defect.
7.1.10 In case if the warranty claim is accepted, the Seller – at his own discretion – replaces the defected articles to the articles free of defects or removes defects. The Seller shall do the above mentioned within a reasonable period. If the Seller fulfills the above-mentioned requirements, the entitlement of the purchaser to demand the reduction of price or to withdraw from the contract is excluded.
7.1.11 The Seller is entitled to refuse to replace defected articles to the free of defects articles or to remove the defects in case if it requires excessive costs.
7.1.12 Purchaser is entitled to withdraw from the contract in part related to the defected articles or to claim proportional reduction of price in case if the Seller refuses to replace defected articles to the articles free of defects or to remove the defects, and also in case if the defects appear again despite of the prior replace of defected articles to the articles free of defected or removing the defects. The claim to reduce the price or statement on withdrawal shall occur in the written form or by form of electronic correspondence otherwise being null and void.
7.1.13 The Seller shall not be responsible for defects that are attributable to measures or designs expressly demanded by the purchaser or that occur in materials or products which have been provided by the purchaser or whose use the purchaser has expressly demanded contrary to the Seller’s advice. No liability shall be assumed in the following cases:
7.1.14 Unsuitable or improper use or incorrect installation or commissioning by the purchaser or a third party, failure to use original parts and materials, normal wear and tear, incorrect or negligent handling, improper maintenance, unsuitable operating supplies, faulty construction work, unsuitable subsoil, failure to back up or inadequate backing up of data by the purchaser; failure to check or inadequate checking of programs and data for computer viruses by the purchaser, unusual effects of any kind (e.g. vibrations from other assemblies, ingress of foreign matter), corrosion (e.g. through halogens); chemical, electrochemical or electrical influences - unless these cases result from the willful misconduct or gross negligence of the Seller.
7.1.15 If the purchaser or a third party carries out repairs improperly, the Seller shall not be liable for the resultant consequences. The same shall apply to changes to the supplied article that have been made without the prior consent of the Seller.
7.1.16 If use of the supplied articles results in the infringement of industry property rights such as patents or copyrights of third parties, the Seller shall in principle and at his own expense obtain the right for the purchaser to continue using it or modify the supplied article in a way that the purchaser can reasonably be expected to accept so that the property right is no longer infringed. If this is not economically feasible or not possible within a reasonable period, the purchaser shall be authorized to withdraw from the contract. If said conditions exist, the Seller shall also have the right to withdraw from the contract.
7.1.17 The Seller shall not be responsible towards purchaser for the infringement of third party’s rights resulting from the use by Seller products, materials etc. delivered by the purchaser.
7.1.18 Purchaser is not entitled to transfer the receivables from the warranty to third party.
7.1.19 In case of groundless or unpunctual warranty claim, all costs resulting from such claim shall be borne by the purchaser.
7.1.20 Notifying warranty claims does not entitle the purchaser to refrain from making payment to the benefit of the Seller, including paying price of the supplied articles.
7.1.21 The Seller’s liability for material defects in essential third-party products, which are an integral part or accessories of the delivered goodssupplied articles, 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 7.1.22 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 damagesafety; the Seller shall be informed immediately thereof.
6.1.6 7.1.23 Of the direct costs incurred as a result because of repair or delivery of a replacement, the Seller shall – provided the complaint proves to be justified – bear the costs of the repair work and/or the replacement itemitem (material and workmanship costs), 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 itemarticle, if installation of the part that later became defective was originally part of the contractcontract due form the Seller. The acceptance of further costs incurred by the Seller in connection with rectification or replacement delivery shall be expressly excluded.
6.1.7 Within the framework of the statutory provisions, the purchaser shall have the right to rescind the contract if the Seller fails to remedy a material defect by a reasonable period of time set for him to repair the article or supply a replacement where non-compliance within the additional period is due to circumstances which can be attributed to the Seller but not in cases of force majeure or similar instances. If the defect is only insignificant and the Seller has failed to remedy the defect by a reasonable period of time set for him to repair the article or supply a replacement, the purchaser shall merely have a right to a reduction in the contractual price.
6.1.8 The Seller shall not be liable for defects that are attributable to measures or designs expressly demanded by the purchaser or that occur in materials or products which have been provided by the purchaser or whose use the purchaser has expressly demanded contrary to the Seller’s advice. In particular, no liability shall be assumed in the following cases: Unsuitable or improper use or incorrect installation or commissioning by the purchaser or a third party, failure to use original parts and materials, normal wear and tear, incorrect or negligent handling, improper maintenance, unsuitable operating supplies, faulty construction work, unsuitable subsoil, failure to back up or inadequate backing up of data by the purchaser; failure to check or inadequate checking of programs and data for computer viruses (as defined in Section 9.3) by the purchaser, unusual effects of any kind (e.g. vibrations from other assemblies, ingress of foreign matter), chemical, electrochemical or electrical influences – unless the Seller is to blame for them, violation by the purchaser of the obligations described in section 6.2.4.
6.1.9 If the purchaser or a third party carries out repairs improperly, the Seller shall not be liable for the resultant consequences. The same shall apply to changes to the supplied article that have been made without the prior consent of the Seller.
6.1.10 7.1.24 The purchaser shall be obliged to return the defective part at its cost and expense to the Seller at the request of the Seller, who becomes the owner of such defective articles with their receipt.
6.1.11 Subject to Section 8.2, the above warranty provisions shall apply accordingly to rectification of defects.
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Samples: General Terms of Sale
