Common use of Product Warranty Claims Clause in Contracts

Product Warranty Claims. Defects which affect the designated use of Entco hardware or Entco software or of specific deliverables defined in the Supporting Material not only insignificantly au- thorize the Customer to enforce warranty claims. The Customer has at first only the right of sup- plementary performance within a reasonable period of time. The supplementary performance contains at sole discretion of Entco either rectification of defects or delivery of a new product. The interests of the Customer will be considered appropriately. If the supplementary performance fails or is not realizable because of other reasons the Customer may withdraw from the Order without any costs (withdrawal). Compensation for damages or reimbursement of expenses are excluded in the case of warranty claims, unless stated otherwise in clause 33. However Entco has to pay all expenses which are necessary for the supplementary performance as far as the expenses are not based on the fact that the products were shipped to another place than the place of delivery afterwards, unless the shipping is in accordance with the normal use of the products. Any xxxxxx- xx claim will expire if any possible defect is based on the fact that the Customer or any third party, changes products without prior approval of Entco, has used or repaired them improperly, or prod- ucts were installed, operated or maintained not in accordance with Entco guidelines. The Cus- tomer has to report defects immediately to Entco upon written notice. If the complain of defects is carried out wrongly Entco is entitled to ask the Customer for compensation of the occurred ex- penses of Entco. For warranty claims exists a limitation period of one year starting with the day of delivery or if applicable with the conclusion of the installation or (if the Customer delays the instal- lation of Entco) at the latest 30 days after the delivery date.

Appears in 1 contract

Samples: Entco GMBH Customer Terms

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Product Warranty Claims. Defects which affect the designated use of Entco hardware HPE hard- ware or Entco HPE software or of specific deliverables defined in the Supporting Material not only insignificantly au- thorize authorize the Customer to enforce warranty claims. The Customer has at first only the right of sup- plementary supplementary performance within a reasonable reason- able period of time. The supplementary performance contains at sole discretion of Entco HPE either rectification of defects or delivery of a new product. The interests of the Customer will be considered appropriately. If the supplementary performance fails or is not realizable because of other reasons the Customer may withdraw from the Order without any costs (withdrawal). Compensation for damages or reimbursement reimburse- ment of expenses are excluded in the case of warranty claims, unless stated otherwise oth- erwise in clause 33. However Entco HPE has to pay all expenses which are necessary for the supplementary performance as far as the expenses are not based on the fact that the products were shipped to another place than the place of delivery afterwards, unless the shipping is in accordance with the normal use of the productsprod- ucts. Any xxxxxx- xx warranty claim will expire if any possible defect is based on the fact that the Customer or any third party, changes products without prior approval of EntcoHPE, has used or repaired them improperly, or prod- ucts products were installed, operated or maintained not in accordance with Entco HPE guidelines. The Cus- tomer Customer has to report defects immediately to Entco HPE upon written notice. If the complain of defects is carried car- ried out wrongly Entco HPE is entitled to ask the Customer for compensation of the occurred ex- penses oc- curred expenses of EntcoHPE. For warranty claims exists a limitation period of one year starting with the day of delivery or if applicable with the conclusion of the installation installa- tion or (if the Customer delays the instal- lation installation of EntcoHPE) at the latest 30 days after the delivery date.

Appears in 1 contract

Samples: Hpe Customer Terms Portfolio

Product Warranty Claims. Defects which affect the designated use of Entco HPE hardware or Entco HPE software or of specific deliverables defined in the Supporting Material not only insignificantly au- thorize insig- nificantly authorize the Customer to enforce warranty claims. The Customer has at first only the right of sup- plementary supplementary performance within a reasonable period of time. The supplementary sup- plementary performance contains at sole discretion of Entco HPE either rectification of defects or delivery of a new product. The interests of the Customer will be considered appropriatelyappropri- ately. If the supplementary performance fails or is not realizable because of other reasons the Customer may withdraw from the Order without any costs (withdrawal). Compensation Compensa- tion for damages or reimbursement of expenses are excluded in the case of warranty claims, unless stated otherwise in clause 33. However Entco HPE has to pay all expenses which are necessary for the supplementary performance as far as the expenses are not based on the fact that the products were shipped to another place than the place of delivery afterwards, unless the shipping is in accordance with the normal use of the products. Any xxxxxx- xx warranty claim will expire if any possible defect is based on the fact that the Customer or any third party, changes products without prior approval of EntcoHPE, has used or repaired them improperly, or prod- ucts products were installed, operated or maintained not in accordance with Entco HPE guidelines. The Cus- tomer Customer has to report defects immediately to Entco HPE upon written notice. If the complain of defects is carried out wrongly Entco HPE is entitled to ask the Customer Cus- tomer for compensation of the occurred ex- penses expenses of EntcoHPE. For warranty claims exists a limitation period of one year starting with the day of delivery or if applicable with the conclusion of the installation or (if the Customer delays the instal- lation installation of EntcoHPE) at the latest 30 days after the delivery date.

Appears in 1 contract

Samples: h20195.www2.hpe.com

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Product Warranty Claims. Defects which affect the designated use of Entco hardware or Entco software or of specific spe- cific deliverables defined in the Supporting Material not only insignificantly au- thorize authorize the Customer Custom- er to enforce warranty claims. The Customer has at first only the right of sup- plementary performance supplementary perfor- xxxxx within a reasonable period of time. The supplementary performance contains at sole discretion dis- cretion of Entco either rectification of defects or delivery of a new product. The interests of the Customer will be considered appropriately. If the supplementary performance fails or is not realizable real- izable because of other reasons the Customer may withdraw from the Order without any costs (withdrawal). Compensation for damages or reimbursement of expenses are excluded in the case of warranty claims, unless stated otherwise in clause 3330. However Entco has to pay all expenses which are necessary for the supplementary performance as far as the expenses are not based on the fact that the products were shipped to another place than the place of delivery afterwards, unless un- less the shipping is in accordance with the normal use of the products. Any xxxxxx- xx warranty claim will expire if any possible defect is based on the fact that the Customer or any third party, changes products without prior approval of Entco, has used or repaired them improperly, or prod- ucts products were installed, operated or maintained not in accordance with Entco guidelines. The Cus- tomer Customer has to report defects immediately to Entco upon written notice. If the complain of defects is carried out wrongly Entco is entitled to ask the Customer for compensation of the occurred ex- penses expenses of Entco. For warranty claims exists a limitation period of one year starting with the day of delivery or if applicable with the conclusion of the installation or (if the Customer delays the instal- lation installation of Entco) at the latest 30 days after the delivery date.

Appears in 1 contract

Samples: Entco Customer Terms Software

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