Warranties and Liability. The buyer is obliged to examine each delivery immediately upon arrival. Any apparent defects (including damage in transit), incompleteness of the goods or any other variances from the confirmation of the order have to be notified immediately upon arrival of the delivery at the destination in writing by specifying the defect, incompleteness or other variances, and quoting the invoice number. Any hidden defects (including defects surfacing during manufacturing) have to be notified immediately after discovery. It shall be assumed that hidden defects are normally detectable within a period of sixty days after arrival unless the buyer is able to prove that it could not have reasonably detected the defect within that period. Defective Products must be kept available for Mondi’s inspections for 14 days from the date of the notification and must not be returned to Mondi early. Upon Xxxxx’x request, specimens of the goods found faulty must be sent back to Mondi. If the buyer does not comply with this clause negligently it shall not be entitled to reject the goods and Mondi shall have no liability for such defects or incompleteness. The buyer must immediately notify Mondi if it receives any notice from any of its customers concerning defects in the delivered goods. If the buyer fails to meet this obligation, it shall not have any claims against Mondi based on the defective goods, nor shall Mondi be obliged to indemnify it. If the goods are defective, Mondi shall have the choice to either rectify the goods or provide faultless substitution. Only if such rectification or faultless substitution is impossible or unacceptable for Mondi or for the buyer, a price reduction may be granted to the buyer. Mondi shall not be liable for negligible deviations from the agreed specifications and/or for only minor impairment of the goods’ applications, nor shall Mondi be liable for damages resulting directly or indirectly from instructions or specifications provided by the buyer, improper handling, willful damage, negligence, abnormal working conditions, or any alteration of the goods by the buyer. Mondi shall not be obliged to notify the buyer of the unsuitability of its instructions or specifications unless Mondi is aware of such unsuitability. Except in respect of death or personal injury caused by Xxxxx’x negligence, or liability for defective products towards end consumers as defined in the applicable Consumer Protection Law or except in respect of material breach of contract due to Mondi’s willful misconduct or blatantly gross negligence, Mondi shall not be liable for consequential losses, damages, costs or expenses, financial loss, loss of profits or interest, or third party claims unforeseeable to Mondi. In any case, the entire liability of Mondi under, or in connection with, the contract shall not exceed the price of the deliveries subject of the claim and, if this amount is lower, of the actual insurance coverage of Mondi for the respective damage. The buyer is obliged to unconditionally impose these liability limitations to its customers. Mondi warrants that goods which have been manufactured by it will correspond with the agreed specification at the time of delivery and will be free from defects in material and workmanship for a period of 12 months from delivery. This warranty is given subject to the other express conditions set out in these general conditions of sale. The liability limitations as set out in this clause shall also apply to Mondi’s legal representatives, employees and agents. § 933b of the ABGB (Austrian Civil Code) shall not be applicable. Until clarification of the warranty complaint the buyer shall provide for appropriate storage and for insurance at full resale value plus transportation and warehouse expenses for its own benefit as well as for the benefit of Mondi. In case the claim turns out to be justified Mondi shall reimburse external expenses to a reasonable extent.
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Samples: www.mondigroup.com, www.mondigroup.com
Warranties and Liability. The buyer is obliged to examine each delivery Delivery immediately upon arrival. Any apparent defects (including damage in transit), incompleteness of the goods or any other variances from the confirmation of the order have to be notified immediately upon arrival of the delivery Delivery at the destination in writing by specifying the defect, incompleteness or other variances, and quoting the invoice number. Any hidden defects (including defects surfacing during manufacturing) have to be notified immediately after discovery. It shall be assumed that hidden defects are normally detectable within a period of sixty days after arrival unless the buyer is able to prove that it could not have reasonably detected the defect within that period. Defective Products products must be kept available for Mondi’s inspections for 14 days from the date of the notification and must not be returned to Mondi earlyearlier. Upon Xxxxx’x request, specimens of the goods found faulty must be sent back to Mondi. If the buyer does not comply with this clause negligently it shall not be entitled to reject the goods and Mondi shall have no liability for such defects or incompleteness. The buyer must immediately notify Mondi if it receives any notice from any of its customers concerning defects in the delivered goods. If the buyer fails to meet this obligation, it shall not have any claims against Mondi based on the defective goods, nor shall Mondi be obliged to indemnify it. If the goods are defective, Mondi shall have the choice to either rectify the goods or provide faultless substitution. Only if such rectification or faultless substitution is impossible or unacceptable for Mondi or for the buyer, a price reduction may be granted to the buyer. Mondi shall not be liable for negligible deviations from the agreed specifications and/or for only minor impairment of the goods’ applications, nor shall Mondi be liable for damages resulting directly or indirectly from instructions or specifications provided by the buyer, improper handling, willful damage, negligence, abnormal working conditions, or any alteration of the goods by the buyer. Mondi shall not be obliged to notify the buyer of the unsuitability of its instructions or specifications unless Mondi is aware of such unsuitability. Except in respect of death or personal injury caused by Xxxxx’x negligence, or liability for defective products towards end consumers as defined in the applicable Consumer Protection Law or except in respect of material a breach of contract Contract due to Mondi’s willful misconduct or blatantly gross negligence, Mondi shall not be liable for consequential losses, losses or damages, costs or expenses, financial loss, loss of profits or interest, or third party claims unforeseeable to Mondi. In any case, the entire liability of Mondi under, or in connection with, the contract Contract shall not exceed the price of the deliveries Deliveries subject of the claim and, if this amount is lower, of the actual insurance coverage of Mondi for the respective damage. The buyer is obliged to unconditionally impose these liability limitations to its customers. Mondi warrants that goods which have been manufactured by it will correspond with the agreed specification at the time of delivery Delivery and will be free from defects in material and workmanship for a period of 12 months from deliveryDelivery. This warranty is given subject to the other express conditions set out in these general conditions of sale. The liability limitations as set out in this clause shall also apply to Mondi’s legal representatives, employees and agents. § 933b of the ABGB (Austrian Civil Code) shall not be applicable. Until clarification of the warranty complaint the buyer shall provide for appropriate storage and for insurance at full resale value plus transportation and warehouse expenses for its own benefit as well as for the benefit of Mondi. In case the claim turns out to be justified Mondi shall reimburse external expenses to a reasonable extent.
Appears in 1 contract
Samples: www.mondigroup.com
Warranties and Liability. The buyer is obliged obligated to examine each delivery immediately upon arrival. Any apparent defects (including damage in transittransportation damage), incompleteness of the goods or any other variances deviations from the order confirmation of the order have to must be notified documented in writing immediately upon after arrival of the delivery at the place of destination in writing by quoting the invoice number and specifying the defect, incompleteness shortfall or other variances, and quoting the invoice number. Any hidden defects (including defects surfacing those that arise during manufacturingproduction) have to must be notified immediately after discovery. It , whereby it shall be assumed that hidden defects are normally detectable recognizable within a period of sixty days after arrival arrival, unless the buyer is able to prove that it could was not have reasonably detected the reasonable to detect such defect within that this period. Defective Products Before they can be returned, defective products must be kept available held for Mondi’s inspections for a period of 14 days from the date of notification to allow for examination by Coveris. If requested by Coveris, samples of the notification and defective goods must not be returned to Mondi early. Upon Xxxxx’x request, specimens of the goods found faulty must be sent back to MondiCoveris. If through negligence the buyer does not comply with this clause negligently it shall clause, the buyer is not be entitled to reject the goods and Mondi Coveris shall have no liability for such defects or incompleteness. The buyer must immediately notify Mondi Coveris if it receives any notice from any of its customers concerning defects in the delivered goodsgoods delivered. If the buyer fails to meet this obligation, it obligation the buyer shall not have any claims against Mondi based on Coveris resulting from the defective goods, goods nor shall Mondi Coveris be obliged obligated to indemnify itand hold the buyer harmless. If the goods are defective, Mondi Coveris shall have the choice option to either rectify the goods or provide faultless substitutionexchange them with flawlessly functioning goods. Only The buyer is only entitled to a price reduction if such rectification or faultless substitution is impossible or unacceptable for Mondi Coveris or for the buyer, a price reduction may be granted to the buyer. Mondi Coveris shall not be held liable for negligible deviations from the agreed upon specifications and/or or for only minor impairment restrictions to the applicability of the goods’ applications, nor . Nor shall Mondi Coveris be held liable for damages resulting damage due directly or indirectly from to instructions or specifications provided by the buyer, improper inappropriate handling, willful wilful damage, negligence, abnormal working conditions, conditions or any alteration of modifications to the goods by the buyer. Mondi Coveris shall not be obliged obligated to notify the buyer of about the unsuitability of its their instructions or specifications unless Mondi is aware if Coveris does not have knowledge of such unsuitability. Except in respect of death or personal injury caused by Xxxxx’x negligence, or for liability for defective products towards end consumers as defined in under the applicable Consumer Protection Law Act or except in respect of material breach serious breaches of contract due to Mondi’s willful misconduct gross negligence or blatantly gross negligenceintentional acts or omissions by Coveris, Mondi Coveris shall be not be liable for consequential losses, damages, costs compensatory damages, costs, or expenses, financial losslosses, loss of profits or lost profit, lost interest, or third third-party claims that were unforeseeable to Mondifor Coveris. In any case, the The entire liability of Mondi under, Coveris under or in connection with, the contract with this Agreement shall not exceed be limited in amount to the price of the deliveries goods that are the subject of the claim and, if this amount – to the extent that the latter is lower, of the actual actually covered by Coveris’ insurance coverage of Mondi for the respective damageclaim. The buyer is Purchaser shall be obliged to unconditionally impose these limitations on liability limitations to in their entirety on its customers. Mondi Coveris warrants that goods which have been manufactured by it will correspond with the agreed specification at the time of delivery the goods manufactured by Coveris correspond to the agreed upon specifications and will be free from defects in material and workmanship for a period of 12 months from delivery. This 12 month period does not apply to manufactured goods that are a part of individual components or goods that are technically part of a dismantled unit or modification (e.g. print pretreatments, UV stabilization, etc.). For such goods Coveris guarantees that at time of delivery the goods correspond to the agreed upon specifications and exhibit no defects in material or workmanship over a normal or a technically accepted period of up to a maximum of six months. This warranty is given subject to the other express in accordance with explicit conditions set out in these general conditions of sale. The limitations of liability limitations as set out specified in this clause shall also apply to Mondi’s Coveris' legal representatives, employees and agents. § Section 933b of the ABGB (Austrian Civil Code) shall not be applicableCode is waived. Until clarification of the warranty complaint the The buyer shall provide for appropriate normal storage and for insurance at covering the full resale value price plus transportation and warehouse expenses for its own benefit as well as for storage costs until the benefit warranty claims are clarified to the satisfaction of Mondi. In case both the claim turns out to be justified Mondi shall reimburse external expenses to a reasonable extentbuyer and Coveris.
Appears in 1 contract
Samples: www.unterland-coveris.at
Warranties and Liability. The buyer is obliged to examine each delivery Delivery immediately upon arrival. Any apparent defects (including damage in transit), incompleteness incom- pleteness of the goods or any other variances from the confirmation confirma- tion of the order have to be notified immediately upon arrival of the delivery Delivery at the destination in writing by specifying the defect, incompleteness in- completeness or other variances, and quoting the invoice number. Any hidden defects (including defects surfacing during manufacturingmanufactur- ing) have to be notified immediately after discovery. It shall be assumed that hidden defects are normally detectable within a period peri- od of sixty days after arrival unless the buyer is able to prove that it could not have reasonably detected the defect within that period. Defective Products products must be kept available for Mondi’s inspections for 14 days from the date of the notification and must not be returned re- turned to Mondi earlyearlier. Upon Xxxxx’x request, specimens of the goods found faulty must be sent back to Mondi. If the buyer does not comply with this clause negligently it shall not be entitled to reject the goods and Mondi shall have no liability for such defects or incompleteness. The buyer must immediately notify Mondi if it receives any notice from any of its customers concerning defects in the delivered goods. If the buyer fails to meet this obligation, it shall not have any claims against Mondi based on the defective goods, nor shall Mondi be obliged to indemnify it. If the goods are defective, Mondi shall have the choice to either rectify the goods or provide faultless substitution. Only if such rectification recti- fication or faultless substitution is impossible or unacceptable for Mondi or for the buyer, a price reduction may be granted to the buyer. Mondi shall not be liable for negligible deviations from the agreed specifications and/or for only minor impairment of the goods’ applicationsappli- cations, nor shall Mondi be liable for damages resulting directly or indirectly from instructions or specifications provided by the buyer, improper handling, willful damage, negligence, abnormal working conditions, or any alteration of the goods by the buyer. Mondi shall not be obliged to notify the buyer of the unsuitability of its instructions instruc- tions or specifications unless Mondi is aware of such unsuitability. Except in respect of death or personal injury caused by Xxxxx’x negligence, or liability for defective products towards end consumers consum- ers as defined in the applicable Consumer Protection Law or except ex- cept in respect of material a breach of contract Contract due to Mondi’s Xxxxx’x willful misconduct mis- conduct or blatantly gross negligence, Mondi shall not be liable for consequential losses, losses or damages, costs or expenses, financial loss, loss of profits or interest, or third party claims unforeseeable to Mondi. In any case, the entire liability of Mondi under, or in connection con- nection with, the contract Contract shall not exceed the price of the deliveries Deliver- ies subject of the claim and, if this amount is lower, of the actual insurance coverage of Mondi for the respective damage. The buyer buy- er is obliged to unconditionally impose these liability limitations to its customers. Mondi warrants that goods which have been manufactured by it will correspond with the agreed specification at the time of delivery Delivery and will be free from defects in material and workmanship for a period of 12 months from deliveryDelivery. This warranty is given subject to the other express conditions set out in these general conditions of sale. The liability limitations as set out in this clause shall also apply to Mondi’s legal representatives, employees and agents. § Section 933b of the ABGB (Austrian Civil Code) shall not be applicableappli- cable. Until clarification of the warranty complaint the buyer shall provide for appropriate storage and for insurance at full resale value plus transportation and warehouse expenses for its own benefit as well as for the benefit of Mondi. In case the warranty claim turns out to be justified justified, Mondi shall reimburse external expenses to a reasonable reason- able extent.
Appears in 1 contract
Samples: www.mondigroup.com
Warranties and Liability. The buyer is obliged to examine each delivery immediately upon arrival. Any complaint because of defects (please see below; ap- parent and hidden defects) can only be made if the value of the defects exceeds 0,5% of the net price of the delivered products. Any apparent defects (including damage in transit), incompleteness incomplete- ness of the goods or any other variances from the confirmation of the order have to be notified immediately (but maximum within 15 days) upon arrival of the delivery at the destination in writing by specifying the defect, incompleteness or other variances, and quoting the invoice number. Any hidden defects (including defects surfacing during manufacturing) have to be notified immediately after discovery. It shall be assumed that hidden defects are normally nor- mally detectable within a period of sixty days after arrival unless the buyer is able to prove that it could not have reasonably detected de- tected the defect within that period. After one year of the arrival of the products no complaint can be made even in case of a hidden defect. However, because of a defect arising from delamination, cold-seal and sealing properties complaint can only be made with- in half a year of the arrival of the products. Defective Products must be kept available for Mondi’s Mondi‟s inspections for 14 days from the date of the notification and must not be returned re- turned to Mondi early. Upon Xxxxx’x Mondi‟s request, specimens of the goods found faulty must be sent back to Mondi. If the buyer does not comply with this clause negligently it shall not be entitled to reject the goods and Mondi shall have no liability for such defects or incompleteness. The buyer must immediately notify Mondi if it receives any notice from any of its customers concerning defects in the delivered goods. If the buyer fails to meet this obligation, it shall not have any claims against Mondi based on the defective goods, nor shall Mondi be obliged to indemnify it. If the goods are defective, Mondi shall have the choice to either rectify the goods or provide faultless substitution. Only if such rectification recti- fication or faultless substitution is impossible or unacceptable for Mondi or for the buyer, a price reduction may be granted to the buyer. Mondi shall not be liable for negligible deviations from the agreed specifications and/or for only minor impairment of the goods’ applicationsgoods‟ appli- cations, nor shall Mondi be liable for damages resulting directly or indirectly from instructions or specifications provided by the buyer, improper handling, willful damage, negligence, abnormal working conditions, or any alteration of the goods by the buyer. Mondi shall not be obliged to notify the buyer of the unsuitability of its instructions instruc- tions or specifications unless Mondi is aware of such unsuitability. Except in respect of death or personal injury caused by Xxxxx’x Mondi‟s negligence, or liability for defective products towards end consumers consum- ers as defined in the applicable Consumer Protection Law or except ex- cept in respect of material breach of contract due to Mondi’s Mondi‟s willful misconduct or blatantly gross negligence, Mondi shall not be liable for consequential losses, damages, costs or expenses, financial loss, loss of profits or interest, or third party claims unforeseeable to Mondi. In any case, the entire liability of Mondi under, or in connection with, the contract shall not exceed the price of the deliveries de- liveries subject of the claim and, if this amount is lower, of the actual ac- tual insurance coverage of Mondi for the respective damage. The buyer is obliged to unconditionally impose these liability limitations to its customers. Mondi warrants that goods which have been manufactured by it will correspond with the agreed specification at the time of delivery and will be free from defects in material and workmanship for a period of 12 6 months from deliverythe production date. This warranty is given subject to the other express conditions set out in these general conditions of sale. The liability limitations as set out in this clause shall also apply to Mondi’s Mondi‟s legal representatives, employees and agents. § 933b of the ABGB (Austrian Civil Code) shall not be applicable. Until clarification of the warranty complaint the buyer shall provide for appropriate storage and for insurance at full resale value plus transportation and warehouse expenses for its own benefit as well as for the benefit of Mondi. In case the claim turns out to be justified justi- fied Mondi shall reimburse external expenses to a reasonable extent.
Appears in 1 contract
Samples: www.mondigroup.com
Warranties and Liability. The buyer is obliged to examine each delivery immediately upon arrival. Any apparent defects (including damage in transit), incompleteness of the goods or any other variances from the confirmation of the order have to be notified immediately upon arrival of the delivery at the destination in writing by specifying the defect, incompleteness or other variances, and quoting the invoice number. Any hidden defects (including defects surfacing during manufacturing) have to be notified immediately after discovery. It shall be assumed that hidden defects are normally detectable within a period of sixty days after arrival unless the buyer is able to prove that it could not have reasonably detected de tected the defect within that period. Defective Products must be kept available for Mondi’s Mondi‟s inspections for 14 21 days from the date of the notification and must not be returned to Mondi earlybefore. Upon Xxxxx’x Mondi‟s request, specimens of the goods found faulty must be sent back to MondiMondi at buyer‟s expense. If the buyer does not comply with this clause negligently it shall not be entitled to reject the goods and Mondi shall have no liability for such defects or incompleteness. The buyer must immediately notify Mondi if it receives any notice from any of its customers concerning defects in the delivered goods. If the buyer fails to meet this obligation, it shall not have any claims against Mondi based on the defective goods, nor shall Mondi be obliged to indemnify it. If the goods are defective, Mondi shall have the choice to either rectify the goods or provide faultless substitution. Only if such rectification or faultless substitution is impossible or unacceptable for Mondi or for the buyer, buyer may the buyer have a price reduction may reduction. In the event that the defects are more than minor, the buyer shall be granted entitled to withdraw from the buyercontract. Mondi shall not be liable for negligible deviations from the agreed specifications and/or for only minor impairment of the goods’ goods‟ applications, nor shall Mondi be liable for damages resulting directly or indirectly from instructions or specifications provided by the buyer, improper handling, willful damage, negligence, abnormal working conditions, or any alteration of the goods by the buyergoods. Mondi shall not be obliged to notify the buyer of the unsuitability of its instructions or specifications unless Mondi is aware of such unsuitability. Except in respect of death or personal injury caused by Xxxxx’x Mondi‟s negligence, or liability for defective products towards end consumers as defined in under the applicable Consumer Protection Law applicable or except in respect of material breach of contract due to Mondi’s willful misconduct conducted by Mondi grossly negligent or blatantly gross negligencewillfully, Mondi shall not be liable for consequential losses, damages, costs or expenses, financial loss, loss of profits or interest, or third party claims unforeseeable foreseeable to Mondi. In any case, and the entire liability of Mondi under, under or in connection with, with the contract shall not exceed the price of the deliveries goods the subject of the claim and, if this amount is lower, of the actual insurance coverage of Mondi for the respective damageclaim. The buyer is obliged to unconditionally impose fully assign these liability liabili ty limitations to its customers. Mondi warrants that goods which have been manufactured by it will correspond with the agreed their specification at the time of delivery and will be free from defects in material and workmanship for a period of 12 - if not otherwise agreed - 6 months from delivery. This warranty is given subject to the other express conditions set out in these general conditions date of sale. The liability limitations as set out in this clause shall also apply to Mondi’s legal representatives, employees and agents. § 933b of the ABGB (Austrian Civil Code) shall not be applicable. Until clarification of the warranty complaint the buyer shall provide for shipment from Mondi‟s premises under appropriate storage conditions. Mondi makes no other warranty, express or implied, and makes no warranty of merchantability or fitness for insurance at full resale value plus transportation and warehouse expenses for its own benefit as well as for the benefit of Mondi. In case the claim turns out to be justified Mondi shall reimburse external expenses to a reasonable extentparticular purpose or use.
Appears in 1 contract
Samples: www.mondigroup.com
Warranties and Liability. The buyer is obliged to examine each delivery immediately upon arrival. Any apparent defects (including damage in transit), incompleteness incom- pleteness of the goods or any other variances from the confirmation confirma- tion of the order have to be notified immediately upon arrival of the delivery at the destination in writing exclusively to Mondi and so departing from what provided by specifying art. 1745 of Civil Code by specify- ing the defect, incompleteness or other variances, and quoting the invoice or transport’s document number. Should possible damages due to transportation occur in buyer’s opinion, the same buyer shall indicate them in the documentation of transport too, being stated what provided just above. Any hidden defects (including defects surfacing during manufacturing) have to be notified immediately imme- diately after discovery. It shall be assumed perceptibility assuming that hidden defects are normally nor- mally detectable within a period of sixty days after arrival unless the buyer is able to prove that it he could not have reasonably detected de- tected the defect defectiveness within that period. Defective Products must be kept available for Mondi’s inspections for 14 days from the date Upon request of the notification and must not be returned to Mondi early. Upon Xxxxx’x request, specimens specimen of the goods found faulty must have to be sent back to Mondi. If Any claims of the buyer does not comply with this clause negligently it shall not be entitled to reject because of defectiveness or incomplete- ness of the goods and Mondi shall have no liability for such defects or incompletenessare excluded if the aforesaid obligations are not met. The buyer must has to immediately notify Mondi if it receives about any notice from any of its defective goods of his customers concerning defects in the delivered goods. If the buyer fails to meet this obligation, it he shall not have any claims against Mondi based on the defective goodsgoods against Mondi, nor shall Mondi be obliged to indemnify ithim. If Should an ascertained liability on the goods are defectivepart of Mondi occur, Mondi shall have the choice to either rectify the goods or provide faultless substitution. Only if such rectification or faultless substitution is impossible or unacceptable In any case Mondi shall be liable only for Mondi or for the buyer, a price reduction may be granted and limited to the buyervalue of the goods delivered and subject to complaint. Mondi Claims because of defects shall not be liable excluded for negligible deviations devia- tions from the agreed specifications and/or for only minor impairment impair- ment of the applicability. Any claims for damages of all kinds, which were caused by improper handling or change of the goods or due to incorrect advising or instructions provided by the buyer shall be excluded. Particularly, Xxxxx’s complaints shall not be admissible when concerning alterations caused by light or other agents or substances even just potentially harmful or when con- cerning the consequences of improper storage of the goods’ applications. Re- ferring to that, nor goods shall Mondi be liable for damages resulting directly or indirectly from instructions or specifications provided preserved by the buyer, improper handlingunless oth- erwise requested by Mondi, willful damagein a closed location protected from bad weather under temperature between 10° Celsius and 32° Celsius and humidity between 40% and 60%, negligencefree from packing and without pallets stacked on top of each other. Besides, abnormal working conditionsXxxxx’s complaints shall not be admissible when concerning grammage difference for each sheet of paper and/or thickness of plastic film used for products processing inside the range +/- 5%, or any alteration of while for so called “laminated bags” the goods by tolerance for each combined sheet runs inside the buyerrange +/- 10%. Laminated PET bags must be used after 5 days from the production date indicated on the label pre- sent in each pallet. Mondi shall not be obliged to notify liable in case of slight negligence (the buyer burden of proof for gross negligence is on the unsuitability of its instructions or specifications unless Mondi is aware of such unsuitability. Except in respect of death or personal injury caused by Xxxxx’x negligencebuyer), or liability for defective products towards end consumers as defined in the applicable Consumer Protection Law or except in respect of material breach of contract due to Mondi’s willful misconduct or blatantly gross negligence, Mondi shall not be liable for consequential losses, damages, costs or expensesdamag- es, financial loss, loss of profits or interestprofits, or interest and third party claims unforeseeable to Mondi. In any case, the entire liability of Mondi under, or in connection with, the contract shall not exceed the price of the deliveries subject of the claim and, if this amount is lower, of the actual insurance coverage of Mondi for the respective damageclaims. The buyer is obliged to unconditionally impose fully assign these liability limitations to its customershis costumers. Any claims arising out of defective goods become statute-barred after expiration of 18 months upon products manufacturing. The warranties and liability of Mondi warrants that goods which have been manufactured by it will correspond with the agreed specification at the time of delivery and will be free from defects provided for in material and workmanship for a period of 12 months from delivery. This warranty is given subject to the other express conditions set out in these general conditions of salethis clause are final except mandatory law provides otherwise. The liability limitations as set out in this clause shall also apply to Mondi’s Xxxxx’x legal representativesrepre- sentatives, employees and and/or other vicarious agents. § 933b Goods subject to complaint by the Buyer shall be kept available for Mondi inspection for 60 days from the date of the ABGB (Austrian Civil Code) shall compliant, without prejudice to Buyer’s obligation to provide rigorous proof of its com- plaints. Goods subject to compliant cannot be applicablereturned to Mondi without its written approval. Until clarification of the warranty complaint the buyer shall provide The material supplied by Mondi is suitable for appropriate storage food contact, ac- cording to Regulation EC 1935/2004 and for insurance at full resale value plus transportation to X.X. 21/03/73 and warehouse expenses for its own benefit as well as for the benefit of Mondifollowing revisions, amendment and supplements. In case of food alert please write to Xxxxxx.Xxxxxxxxxxxxx@xxxxxxxxxx.xxx. Mondi is entitled to outsource part of the claim turns out process and to be justified Mondi shall reimburse external expenses to a reasonable extent.use recy- cled paper
Appears in 1 contract
Samples: www.mondigroup.com