Common use of Subsequent Deliveries, Sorting and Reworking Costs Clause in Contracts

Subsequent Deliveries, Sorting and Reworking Costs. 2.3.1 XXXXXX shall be entitled to demand from the Supplier the subsequent delivery of products free of defects, or the remedy (repair) within an appropriate period set by XXXXXX. XXXXXX will give the Supplier the opportunity before installation of the products upon the option of XXXXXX to sort out or repair the defective products or to replace the products by flawless new products where it is reasonable for the Supplier. Where it is not reasonable for XXXXXX (e.g. in the event of a threatened production interruption, endangerment of the compliance with their own delivery obligations) or if the Supplier refuses or fails to meet the deadline of the remedy or is unable to do so, XXXXXX shall have the right to perform the remedy themselves or have the remedy made by third parties, or to procure replacement. The Supplier will then be charged with the costs arising according to staff employ- ment, work effort as well as hourly wage along with overheads and profit margin. XXXXXX shall be entitled to fully charge the Supplier, in addition to the above-mentioned costs, with the rental costs arising for the required work and storage spaces to the amount of the effort actually made. The Supplier shall be charged with the extra costs arising from the replacement purchase. In events in which immediate action is required, XXXXXX shall be entitled to do so without any advance notification or extension of time.

Appears in 1 contract

Samples: Warranty Agreement

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Subsequent Deliveries, Sorting and Reworking Costs. 2.3.1 XXXXXX shall be entitled to demand from the Supplier the subsequent delivery of products free of defects, or the remedy (repair) within an appropriate period set by XXXXXX. XXXXXX will give the Supplier the opportunity before installation of the products upon the option of XXXXXX to sort out or repair the defective products or to replace the products by flawless new products where it is reasonable for the Supplier. Where it is not reasonable for XXXXXX (e.g. in the event of a threatened production interruption, endangerment of the compliance with their own delivery obligations) or if the Supplier Suppl xxx refuses or fails to meet the deadline of the remedy or is unable to do so, XXXXXX shall have the right to perform the remedy themselves or have the remedy made by third parties, or to procure replacement. The Supplier will then be charged with the costs arising according to staff employ- ment, work effort as well as hourly wage along with overheads and profit margin. XXXXXX shall be entitled to fully charge the Supplier, in addition to the above-mentioned costs, with the rental costs arising for the required work and storage spaces to the amount of the effort actually made. The Supplier shall be charged with the extra costs arising from the replacement purchase. In events in which immediate action is required, XXXXXX shall be entitled to do so without any advance notification or extension of time.

Appears in 1 contract

Samples: Warranty Agreement

Subsequent Deliveries, Sorting and Reworking Costs. 2.3.1 XXXXXX KOSTAL shall be entitled to demand from the Supplier the subsequent delivery of products free of defects, or the remedy (repair) within an appropriate period set by XXXXXX. XXXXXX KOSTAL will give the Supplier the opportunity before installation of the products upon the option of XXXXXX KOSTAL to sort out or repair the defective products or to replace the products by flawless new products where it is reasonable for the Supplier. Where it is not reasonable for XXXXXX (e.g. in the event of a threatened production interruption, endangerment of the compliance with their own delivery obligations) or if the Supplier refuses or fails to meet the deadline of the remedy or is unable to do so, XXXXXX shall have the right to perform the remedy themselves or have the remedy made by third parties, or to procure replacement. The Supplier will then be charged with the costs arising according to staff employ- ment, work effort as well as hourly wage along with overheads and profit margin. XXXXXX shall be entitled to fully charge the Supplier, in addition to the above-mentioned costs, with the rental costs arising for the required work and storage spaces to the amount of the effort actually made. The Supplier shall be charged with the extra costs arising from the replacement purchase. In events in which immediate action is required, XXXXXX KOSTAL shall be entitled to do so without any advance notification or extension of time.

Appears in 1 contract

Samples: Warranty Agreement

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Subsequent Deliveries, Sorting and Reworking Costs. 2.3.1 XXXXXX shall be entitled to demand from the Supplier the subsequent delivery of products free of defects, or the remedy (repair) within an appropriate period set by XXXXXX. XXXXXX will give the Supplier the opportunity before installation of the products upon the option of XXXXXX to sort out or repair the defective products or to replace the products by flawless new products where it is reasonable for the Supplier. Where it is not reasonable for XXXXXX (e.g. in the event of a threatened production interruption, endangerment of the compliance with their own delivery obligations) or if the Supplier Suppl ier refuses or fails to meet the deadline of the remedy or is unable to do so, XXXXXX shall have the right to perform the remedy themselves or have the remedy made by third parties, or to procure replacement. The Supplier will then be charged with the costs arising according to staff employ- ment, work effort as well as hourly wage along with overheads and profit margin. XXXXXX shall be entitled to fully charge the Supplier, in addition to the above-mentioned costs, with the rental costs arising for the required work and storage spaces to the amount of the effort actually made. The Supplier shall be charged with the extra costs arising from the replacement purchase. In events in which immediate action is required, XXXXXX shall be entitled to do so without any advance notification or extension of time.

Appears in 1 contract

Samples: Warranty Agreement

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