Common use of Trouble Shooting Clause in Contracts

Trouble Shooting. 5.1 The incoming inspection at XXXXXX is limited to checking the identity of the products (category of goods) and checking for transport damage. If faults are ascertained within the scope of this incoming inspection or during a later check, these are notified to the Supplier immediately in writing. To this extent the Supplier waives the right to plead that the claim has been made too late. 5.2 If and as soon as any defective deliveries are ascertained and provided the goods are in XXXXXX'x possession, XXXXXX will return the rejected parts or batch/shipment to the Supplier at the Supplier's costs. 5.3 In principle, the Supplier must process all complaints and rejects from XXXXXX free of charge and must provide proof that the complaint is unjustified, if he refuses to accept costs in full or in part. The Supplier shall examine the returned components or products and submit his findings to XXXXXX. The scope and detail of such investigations must be agreed with XXXXXX. The investigations must be conducted within four (4) weeks and the results conveyed to XXXXXX in writing, unless XXXXXX'x customer demands a more speedy analysis. An extension to the period is possible in justified, individual cases and must be agreed in writing. Otherwise the complaint shall be regarded as accepted after the period has lapsed. 5.4 If the Supplier is not in a position to carry out the investigations himself, XXXXXX will carry out the investigations and charge the costs incurred to the Supplier. 5.5 In the case of field returns, the parties to the contract will for economic reasons reduce the number of defective products to be returned to the Supplier to a quantity required for statistical evidence. Even so, XXXXXX will endeavour to obtain all the defective parts which the Supplier requires. The Supplier shall repay XXXXXX in full the additional costs involved. 5.6 Warranty claims do not arise, if the defect is the result of any non-compliance with operating, maintenance or installation instructions, improper or undesignated use or storage, negligent or incorrect processing or the result of interference with the Supplier’s product by XXXXXX or by a third party.