Supplier recourse. In relation to the contractor, the statutory provisions regarding supplier recourse apply in accordance with §§ 445a und 445b.
Supplier recourse. (1) In addition to claims for defects, WAS entitled to its legally-defined rights of recourse within a supply chain (supplier recourse pursuant to sections 445a, 445b, 478 BGB) without restriction. Without limitation, WAS is entitled to demand from the Supplier the same form of cure (repair or replacement) that it is obliged to provide its customer in the specific case concerned. This is without prejudice to our statutory elective right (section 439 (1) BGB).
(2) WAS will notify the Supplier and, following brief description of the relevant circumstances, request a written response in the event that WAS acknowledges or satisfies a claim for defects asserted by its customer (including reimbursement of expenses in accordance with sections 478 (3), 439 (2) BGB). If such a response is not provided within a reasonable period and amicable solution cannot be reached, the claim for defects actually granted by WAS shall be deemed to be owed to its customer; in such cases the Supplier is responsible for providing proof to the contrary.
(3) Claims on the part of WAS as provided in paragraph (1) also apply if the goods have been further processed or finished by WAS or by a customer of WAS before their sale to a consumer, e.g. by installation.
Supplier recourse. (1) In addition to the defect claims Sleep ID GmbH shall have unrestricted entitlement to the legally determined recourse claims within a supply chain (supplier recourse according to Sec. 445a, 445b, 478 German Civil Code (BGB)). In particular, Sleep ID GmbH shall be entitled to demand exactly the type of subsequent performance (rectification of defects or replacement delivery) from the Supplier which Sleep ID GmbH owe its customer in the individual case. The statutory right of choice (Sec. 439 para. 1 German Civil Code (BGB)) of Sleep ID GmbH shall not be restricted by this.
(2) Prior to acknowledgement or fulfilment of a claim for defects asserted by a customer (including reimbursement of expenses according to Sec. 445a para. 1, 439 para. 2 and 3 German Civil Code (BGB)), Sleep ID GmbH shall notify the Supplier briefly describing the facts and ask the Supplier for a written statement. If a substantiated statement is not provided within a reasonable period of time and no amicable solution is reached, the claim for defects actually granted by Sleep ID GmbH shall be deemed to be owed to its customer. In this case, the Supplier shall be responsible for proving the contrary.
(3) Sleep ID GmbH's claims arising from supplier recourse shall also apply if the defective goods have been further processed by Sleep ID GmbH or another contractor, e.g. by installation in another product.
Supplier recourse. (1) We shall, in addition to claims for defects, also be entitled to our legally determined unlimited claims for recourse within a supply chain (supplier recourse according to §§ 445a, 445b, 478 BGB). We shall, in particular, be entitled to demand from sellers the specific subsequent performance (repair or replacement) that we owe our specific customer. Our legal right of choice (§ 439 Para. 1 BGB) shall not hereby be limited.
(2) We will, before acknowledging or fulfilling claims for defects asserted by our customers (including reimbursement of expenses pursuant to §§ 445a Para. 1, 439 Para. 2 and 3 BGB), notify sellers and request a brief written description of the facts of the case. Unless such substantiated response is received within a reasonable period of time and provided no amicable solution is reached, claims for defects accepted by us shall be deemed owed to our customer; sellers shall in this case be responsible for providing contrary evidence.
(3) Our claims under recourse to suppliers apply also to situations where the Goods were subject to further processing, e.g. through inclusion in another product, prior to their being sold by us or one of our customers to a consumer.
Supplier recourse. 10.1 ALAC is entitled to the recourse claims provided for by law within a delivery chain (supplier recourse in accordance with Sections 478, 479 BGB) without restrictions alongside the warranty claims. ALAC is entitled, in particular, to precisely request the type of subsequent performance or replacement to be performed by the Supplier that the Supplier is to provide for its customer in an individual case. This does not restrict ALAC's statutory choice (Section 439(1) BGB).
10.2 Before ALAC acknowledges a warranty claim asserted by one of its customers (including the reimbursement of expenses in accordance with Sections 478(3), 439(2) BGB), ALAC shall request notify the Supplier and request a written comment by way of a brief presentation of the facts. If the comment is not provided within a reasonable period and if a solution characterised by common consent is not brought about, the warranty claim actually granted by ALAC shall be deemed to have been settled with its customer: In such a case the burden of furnishing proof of the opposite shall lie with the Supplier.
10.3 The claims resulting from the supplier recourse shall also apply if prior to sale the goods were further processed by ALAC to a consumer or one of its customers, e.g. by way of installation in another products.
Supplier recourse. 11.1. The Supplier acknowledges and accepts that where the goods or services are supplied to one of our customers, we are entitled to demand from the Supplier exactly the type of subsequent performance (repair or replacement delivery) that we owe our customer in the individual case.
11.2. Before we acknowledge or fulfil a claim for defects asserted by our customer, we shall notify the Supplier and request a written statement from FANUC UK Limited, briefly explaining the facts of the claim. If a substantiated statement is not made within a reasonable period of time and if no amicable solution is reached, the claim for defects actually granted by us shall be deemed to be owed to our customer. In this case, the Supplier shall be obliged to prove the contrary and if it is unable to do so, the Supplier shall be liable for all costs of repair or remedy of defects.
11.3. Our rights under this clause 11, shall also apply if the defective goods have been further processed by us or another entrepreneur, e.g. by installation in another product.
Supplier recourse. 13.1 In addition to the claims for defects Oxford PV Germany GmbH shall be entitled to the statutory recourse claims within a supply chain (Sections 445a, 445b, 478 German Civil Code (BGB)) without restriction.
13.2 Before Oxford PV Germany GmbH acknowledges or fulfils a claim for defects asserted by its customers, Oxford PV Germany GmbH shall notify the Supplier by concisely stating the facts and requesting a written statement. If the Supplier does not comment substantively within a reasonable period of time and if no amicable solution is reached between Oxford PV Germany GmbH and the Supplier, the defect claim actually granted by Oxford PV Germany GmbH shall be deemed to be owed to Oxford PV Germany GmbH's customer. In this case the Supplier shall bear the burden of proof to the contrary.
13.3 The claims from the supplier recourse shall also apply if the defective Goods have been further processed by Oxford PV Germany GmbH or another entrepreneur.
Supplier recourse. 13.1 We shall be entitled to our legally determined recourse claims within a supply chain (supplier recourse pursuant to § 445a, § 445b, § 478 BGB) without restriction in addition to the claims for defects. In particular, we are entitled to demand from the Supplier exactly the type of supplementary performance (remedy or replacement delivery) that we owe our customer in the individual case. Our statutory right of choice (§ 439 par. (1) BGB) is not restricted by this.
13.2 If we acknowledge or fulfil a claim for defects asserted by our customer (including reimbursement of expenses pursuant to § 445a par. (1), § 439 par. (2) and (3) BGB) and have notified the Supplier and, setting out the facts of the case, have requested a written opinion, the Supplier shall be entitled to a reasonable period for provision of a substantiated opinion. If no substantiated opinion is made within this period and no amicable solution is reached, the claim for defects actually granted by us shall be deemed owed to our customer. It is incumbent on the Supplier to provide contrary evidence in this case.
13.3 Our claims from supplier recourse shall also apply if the defective goods have been further processed by us or another entrepreneur, e.g. by incorporation into another product.
Supplier recourse. 15.1 VACOM® shall be entitled to the statutory claims for expenses and recourse within a supply chain (supplier recourse pursuant to Sections 478, 445a, 445b or Sections 445c, 327 (5), 327u BGB) without restriction in addition to the claims for defects. VACOM® shall in particular be entitled to demand from the Supplier exactly the type of subsequent performance (rectification or replacement delivery) that VACOM® owes its customer in the individual case; in the case of goods with digital elements or other digital content, this shall also apply with regard to the provision of necessary updates. The statutory right of choice (Section 439 (1) BGB) is not restricted by this.
15.2 Before VACOM® acknowledges or fulfills a claim for defects asserted by a customer (including reimbursement of expenses) in accordance with Sections 445a (1), 439 (2), (3), (6) sentence 2, 475 (4) BGB, VACOM® shall notify the Supplier and request a written statement with a brief description of the facts. If a substantiated statement is not made within a reasonable period of time and no amicable solution is reached, the claim for defects actually granted by VACOM® shall be deemed to be owed to our customer. In this case, the supplier shall be responsible for providing evidence to the contrary.
15.3 The claims arising from supplier recourse shall also apply if the defective goods have been combined with another product or processed in any other way by VACOM®, the customer or a third party, e.g. by installation, attachment or installation.
Supplier recourse. If any action is required to collect an Operator’s delinquent account, or otherwise enforce the terms and conditions of this Operator Agreement, Operator will pay Supplier all commercially reasonable fees and costs of such collection or enforcement, including Equipment Removal Fees as set forth herein and reasonable legal fees and expenses.
