Supplementary performance. 6.1 No warranty is assumed for damage due to the following reasons: Unsuitable or improper use, faulty assembly by the Purchaser or third parties, natural wear and tear, faulty or negligent handling, unsuitable operating materials, defective construction work, unsuitable foundation soil, substitute materials, chemical, electrochemical or electrical influences, improper modification or repair work carried out by the Purchaser or third parties without prior approval by the Seller.
6.2 Insofar as there is a defect in the purchased item and the Buyer has fulfilled its obligation under Section 5 of these Terms and Conditions, the Buyer shall be entitled, at its option, to remedy the defect or to deliver an item free of defects (subsequent performance). If the type of supplementary performance chosen by the Buyer is disproportionate, the Seller shall be entitled to refuse this type of supplementary performance without prejudice to its rights under Section 275 (2) and (3) of the German Civil Code (BGB). In this case, the Buyer's claim shall be limited to the other type of supplementary performance; the Seller's right to refuse this type of supplementary performance as well under the conditions of the preceding sentence shall remain unaffected. If the Buyer does not declare which of the two rights he chooses, the Seller may set a reasonable deadline for this. If the Buyer does not make the choice within the deadline, the right of choice shall pass to the Seller upon expiry of the deadline.
6.3 Furthermore, subsequent performance may be refused as long as the Buyer does not fulfill its payment obligation towards the Seller to an extent corresponding to the defect-free part of the services rendered. This shall not apply if the defective performance is of no value to the Buyer.
6.4 The Buyer shall give the Seller the time and opportunity required for the subsequent performance owed, in particular to hand over the rejected goods for inspection purposes. In the event of a replacement delivery, the Buyer shall return the defective goods to the Seller in accordance with the statutory provisions.
6.5 If the supplementary performance fails, the Buyer shall have the option either to reduce the purchase price accordingly or to withdraw from the contract in accordance with the statutory provisions, setting a grace period. In the case of an insignificant defect, however, there shall be no right of withdrawal. Failure shall only be deemed to have occurred after the second unsuc...
Supplementary performance. Matrix42 may at its choice remedy defects in the Supplied item through the replacement delivery of a non-defective item or by removing the defect.
Supplementary performance. 10.5.1 If defects are reported to Peak Solution during the course of the warranty period, Peak Solution shall provide supplementary performance. The supplementary performance can at the option of Peak Solution be provided by the elimination of defects or by delivering a new product. The elimination of defects can also be performed by telephone or written instructions to the customer via remote data transmission or the shipment of data media with correction software. In these cases, the customer undertakes to implement the instructions given, provided it can be reasonably expected that he enables the remote data transfer and installs the correction software immediately after it is supplied. A technical software workaround is also considered to be an elimination of defects, provided that use of the service for the contractually intended use is not impaired by this.
10.5.2 The following response times apply from the time when a defect is reported to Peak Solution:
Supplementary performance. Annex 3: Voith Conditions for Supplies, Services and development of Software/Hardware in the Context of IT & OT & E/E System Solutions | U.S. Version 2024 9 | 11 The Vendor shall rectify defects immediately and within an appropriate period during the warranty period, taking account of the Customer's interests, and either deliver an improved version of the Contractual Service or provide the Contractual Service from new. If use in accordance with the contract causes an impairment of the rights of third parties, the Vendor shall either modify the Contractual Service so that it does not infringe the protected rights or obtain authorization so that the Contractual Service can be used in accordance with the contract without any limitation and without additional cost for the Customer. The provision of a replacement solution or a workaround can be used as a short-term measure to provide a temporary solution or to bypass the effects of a defect. The defect is not deemed to be rectified until it has been fully resolved within a reasonable period of time. If the Vendor fails to rectify the defect immediately and if the Customer suffers an unreasonably high disadvantage in relation to the Vendor’s disadvantage due to the failure to remedy the defect immediately, the Customer shall be entitled to remedy the defect himself, to have it remedied or to procure a replacement at the Vendor’s expense. The costs to be reimbursed by the Vendor shall not be disproportionate and shall be limited to the amount which the Vendor would have incurred if it had rectified the defect itself within the rectification period to which it is entitled. Further legal or contractual claims remain reserved.
Supplementary performance. In the case of justified complaints, the Licencee has the right to replacement. The Licencee may only declare withdrawal from the Agreement and request a refund of the licence fee if subsequent performance fails.
