Warranty Against Defects. Subdivider shall warrant all Subdivision public improvements to be free from defects and shall make all necessary repairs or modification to the Subdivision for a period of Three (3) years from acceptance of dedication of public improvements of the final phase of the Subdivision by the City of Avon. If the Subdivider fails to meet the warranty obligations in a timely manner, the City of Avon may contract with any other party for the necessary work or use its own employees to perform the work and to be reimbursed by the Subdivider or, if sufficient funds are available, to draw upon the financial guarantees provided in this Agreement.
Warranty Against Defects. Developer shall warrant all Public Improvements to be free from defects and shall make all necessary repairs or modification to the Public Improvements for a period of three (3) years from acceptance of dedication of the Public Improvements by the City. If the Developer fails to meet the warranty obligations in a timely manner, the City may contract with any other party for the necessary work or use its own employees to perform the work and be reimbursed by the Developer or, if sufficient funds are available, to draw upon the financial guarantees provided in this Agreement.
Warranty Against Defects. Contractor warrants all work done and goods provided under this Agreement shall: a) meet all conditions of the Agreement; b) shall be free from all defects in design, material and workmanship; and 3) shall be fit for the purposes intended. If any defects occur within 12 months following acceptance or any longer period of time provided by Contractor’s standard warranty, Contractor shall be solely responsible for the correction of those defects.
Warranty Against Defects. Developer shall warrant all of this Development’s Public Improvements to be free from defects and shall make all necessary repairs or modification to the Development for a period of Three (3) years from Final Acceptance of these Public Improvements by the City of Avon. If the Developer fails to meet the warranty obligations in a timely manner, the City of Avon may contract with any other party for the necessary work or use its own employees to perform the work and be reimbursed by the Developer or, if sufficient funds are available, to draw upon the financial guarantees provided in this Agreement.
Warranty Against Defects. Except as set forth in Schedule 2.14.9 to the Disclosure Memorandum, the Technology is free from known material defects and substantially conforms to the applicable specifications, documentation and samples of such Technology.
Warranty Against Defects. The Company-Owned IP and, to the Knowledge of the Company, the Third Party IP, is free from material defects and substantially conforms to the applicable specifications, documentation and samples of such Company IP. None of the software included in the Company-Owned IP or, to the Knowledge of the Company, the Third Party IP, contains (a) any clock, timer, counter, or other limiting or disabling code, design, routine or any viruses, Trojan horses, or other disabling or disruptive codes or commands that would cause the Company IP to be erased, made inoperable or otherwise rendered incapable of performing in accordance with its performance specifications and descriptions or otherwise limit or restrict the Company’s or any Person’s ability to use the Company IP after a specific or random number of years or copies, or (b) any back doors or other undocumented access mechanism allowing unauthorized access to, and viewing, manipulation, modification or other changes to, the Company IP.
Warranty Against Defects. The Technology is free from material defects and substantially conforms to the applicable written specifications, documentation and samples of such Technology.
Warranty Against Defects. (1) The customer’s warranty rights (claims for defects) require that the goods be inspect- ed promptly upon receipt and that a written notice regarding visible defects be made immediately after the inspection and promptly after discovery in the case of hid- den defects (§ 377 German Commercial Code).
(2) If the customer wrongly claims a defect (other than by reasons for which the Ven- dor is responsible) the Vendor is entitled to charge the customer for the reasonable costs incurred in remedying the defect or establishing it.
(3) In case of a defect of the good, the Ven- dor shall – to the extent that he has not assumed a guaranty stating otherwise – be given a reasonable deadline within which to perform cure at his discretion by way of remedying the defect of delivering a good free of defects. If, after at least two performance attempts, the performance fails, is impossible, is unreasonable for the customer, or if the Vendor refuses perfor- xxxxx, the customer may withdraw from the contract or reduce the payment. As to the assertion of claims for damage com- pensation by the customer, number 7 of these Delivery Conditions shall apply.
(4) Except for claims of damage compensa- tion under number 7 of these Delivery Conditions, all warranty claims by the cus- tomer become time-barred 12 months af- ter transfer of the risk, except when the customer asserts a claim under a right of recourse (§ 479 para.1 German Civil Code) or when we have maliciously con- cealed the defect.
Warranty Against Defects. 5.1. At the delivery of the Furniture, the Seller shall transfer to the Buyer the installation instructions and the warranty documents in case such documents are not available on the Seller’s web page.
5.2. The Seller shall provide the Buyer with a 6-month colour warranty and 1-year structure warranty starting with the day of the delivery of the Furniture. The warranty shall cover the Furniture production and material defects, but shall not cover the defects that result from the improper use or storage of, or environmental changes (humidity, heat, overloading, vibration) or the amount of defects which the Buyer could have reasonably prevented.
5.3. The Seller shall at the discretion thereof repair the defects or replace the Furniture during the warranty period pursuant to clause 5.1.of the Contract.
5.4. The Buyer shall inform the Seller about the defects that emerge during the warranty period in writing within 7 (seven) calendar days after discovering the defects, or after the former should have discovered the defects, providing a detailed description of the defect.
5.5. The Seller shall form an opinion about the underlying reasons of the defects within 20 (twenty) business days after receiving the notification specified in clause 5.4. In case there is discordance of opinions, the Buyer shall be entitled to have an expert examination performed to identify the non-conformity. In case the unbiased expert examination identifies the non-conformity of the Furniture, the Seller shall incur the expenses related to the expert examination.
5.6. The Seller shall eliminate the defects covered by the warranty within 20 (twenty) business days after the relevant decision has been made or the expert examination has been performed.
5.7. The warranty repair works shall be performed at the delivery address. Large-scale works shall be performed at the Seller’s premises. The Buyer shall incur the expenses of the repair works and delivery costs beyond the scope provided by the conditions of warranty repairs.
5.8. The warranty period shall be terminated prematurely as of the moment when:
5.8.1. the Furniture has been repaired without the Seller’s approval of the repairs, in writing;
5.8.2. the structures of the Furniture have been altered or accessories and/or parts have been installed without the alterations having been co-ordinated with the Seller, in writing.
5.9. In case the Seller fails to perform the warranty obligations pursuant to the Contract regardless of the Buyer’s...
Warranty Against Defects. Contractor hereby warrants all work done under this contract against all defects in materials and workmanship for a period of 12 months following City's acceptance of said work. If any defects occur within said 12 months, Contractor shall be solely responsible for the correction of those defects.
