Warranty and liability for defects. In addition to art. 14. “THE CONTRACTOR’S WARRANTIES” of the General Part:
14.1 The Contractor declares and guarantees that the Performance will be delivered to the SE in compliance and to the extent, quality and under conditions as agreed in the Contract and annexes thereto. At the same time, the Contractor guarantees that the Performance will be free of legal defects.
14.2 Unless stated otherwise in the Contract, the Contractor undertakes that the Performance will retain its features pursuant to the Contract and shall be held liable for defects of Performance throughout the warranty period which shall be 24 months.
14.3 The warranty period shall start on the day of the takeover by SE of the Performance without any defects and unfinished works, and signing of the Takeover Protocol pursuant to the clause 9.4.1 herein, if not agreed otherwise in the Contract or in legal regulations in force. If the Contractor is obliged to send the Performance to SE, the warranty period shall start to lapse from the day of arrival or handover of the Performance to the place of destination and its takeover by SE. The Contractor may unilaterally extend the warranty period by making a statement of warranty extension. If the quality warranty is provided, the warranty period shall start to lapse at the moment of passing of the risk of damage to the Performance to SE.
14.4 The warranty period shall not apply for the period when SE is unable to use the Performance due to its defects for which the Contractor is responsible. The warranty period shall also be interrupted for the parts of Performance, on which the claimed defects are being removed and shall recommence only on the day following after the date of SE’s written confirmation of the defect’s removal. In case of defects to the Performance, for which repair is only possible through exchange of the part or replacement thereof, the warranty period shall recommence on the day following after the date of removal of such defects repaired this way and their written takeover by SE.
14.5 The warranty also applies to any defects resulting from defects of material or defective components of the Performance. The Contractor is responsible for defects of material, defects caused by the manufacturer, Subcontractor or any other defects.
14.6 The Contractor shall notify SE in writing, at the latest on takeover of the Performance, of any specifics of the Performance provided and at the same time provide SE with a detailed manual defining the ...
Warranty and liability for defects. XGT warrants that the Services will be performed in accordance with the highest professional standards of workmanship and materially conform to agreed specifications in accordance with federal law. XGT further warrants that during the duration of the Agreement and for a period of two (2) years after the effective termination date, XGT will take any action reasonably necessary to rectify, correct, repair or replace any non-conforming, defective or failing products and provide Services necessary to maintain the xMax wireless broadband network contemplated by this Agreement .
Warranty and liability for defects. (1) In case of defects, WILO is entitled to the statutory claims without restriction. The warranty period starts at delivery or, in case clearance is required, approval by WILO by means of an acceptance report.
(2) The defective delivery items are to be returned to WILO’s contracting partner upon request by a third party (freight and carriage paid). In case of a legitimate notification of defects, the contracting partner shall offer to refund the most favourable dispatch type; this applies in particular also if the costs increase because the delivery item is located at a different place than the place of intended use.
(3) In case of quality defects of the supplied items, the contracting partner is firstly obliged and entitled to choose to either rectify the defect or provide for a replacement delivery within an appropriate period of time. In case of failure, i.e. if such rectification or replacement is impossible, unreasonable, unsuccessful, refused or unreasonably delayed, WILO may withdraw from the agreement or reduce the purchase price by an appropriate amount.
(4) If a defect is culpably caused by the contracting partner, WILO, as principal, is entitled to damage claims.
(5) In case of defects in parts provided by other manufacturers the contracting partner is incapable of rectifying for licensing or factual reasons, the contracting partner may assert its warranty claims against the manufacturers and contractors on account of the principal. For the duration of the legal dispute, the limitation period concerning the corresponding warranty claims by WILO against the contracting partner is suspended.
(6) Quality and quantity deviations are considered as reported in good time if WILO communicates them to the contracting partner within a period of 7 working days after receipt of the goods at WILO. Latent material defects are considered as reported in good time if the contracting partner is notified thereof within a period of 7 working days after discovery of the defect.
(7) Acceptance based on the acceptance report or approval of samples does not represent a waiver of warranty claims on the part of WILO.
(8) The limitation period of warranty claims is suspended upon receipt of the written notice of defect by the contracting partner. In case of replacement delivery and rectification of defect, the warranty period for replaced and rectified parts starts over again, unless agreed otherwise.
(9) The contracting partner guarantees that any and all components it ...
Warranty and liability for defects. 1. Unless the product documentation or confirmation of the Buyer’s order by PBS specify for the respective product, service or another performance of PBS otherwise, PBS shall provide the Buyer with a warranty (quality guarantee) for 12 months from the date of handover of the Subject of Performance to the Buyer, or of delivery to the place of delivery according to the agreed delivery terms, whichever comes first.
2. 2.1 Any Buyer’s rights under the warranty or defective performance shall be excluded if the defect results from normal wear and tear, mechanical damage to the product during the operation or manipulation thereof, or otherwise, improper storage, modification or disassembly of the product by any person other than a technician fully trained in the field, through the fault or omission of the Buyer, improper or non-recommended use of the product, or operation of the product in a mode other than the one for which the product is designed, for example, failure to observe the installation, assembly, operation and maintenance instructions.
Warranty and liability for defects. 11.1 In the absence of an agreed variation to these terms, warranty for deliveries made by the seller expires six months from the date of delivery.
11.2 The liability of JÜSTRICH COSMETICS AG is limited to the quality of the products as defined in the standard specifications. The warranty regarding the stability/durability of the products remains valid only on condition that they are correctly stored and/or transported. The purchaser will be obliged to provide proof of this. The general guarantee of microbiological purity refers to the date and time of delivery. JÜSTRICH COSMETICS AG assumes no liability for the suitability of the products for the purpose intended by the purchaser. Instructions for use, recommendations and suggestions from JÜSTRICH COSMETICS AG are given or made to the best of our knowledge. However, they are non-binding and do not exempt the purchaser from performing his/her own tests. Damages resulting from improper use of the products is not covered by the warranty. Any changes made to the product by the purchaser without the written permission of JÜSTRICH COSMETICS AG will automatically nullify our warranty.
11.3 In the event that a product is shown to be defective, JÜSTRICH COSMETICS AG will, under the terms of the warranty and at its own discretion, either remedy the defect or replace the product free of charge or reimburse the purchaser to the value of the products at the time they were invoiced. All further claims, in particular any obligation to pay compensation, are excluded. The purchaser is to allow JÜSTRICH COSMETICS AG a reasonable length of time in which to remedy the defect.
Warranty and liability for defects. SUPPLIER shall treat all claims from the Vestas Group as though they were raised by VESTAS.
Warranty and liability for defects. 1. Claims for defects by the Customer are subject to the condition that the Customer has duly fulfilled their obligations to inspect and give notification of defects in accordance with § 377 HGB. Notification of obvious defects shall be provided within one calendar week from the transfer of the goods. Notification of defects that subsequently become apparent shall be provided in written form within one calendar week of their discovery. If the Customer neglects the proper inspection and/or notification of defects, TELOGS’ liability for the defect for which notification was not provided in a timely or proper manner shall be excluded in accordance with the statutory provisions.
2. If the service demonstrates a defect, TELOGS shall reserve the right to choose the manner of subsequent fulfilment. The right of TELOGS to refuse the subsequent fulfilment under the statutory requirements shall remain unaffected.
a) The quality of the service exclusively results from TELOGS’ order confirmation and the product description. No liability is assumed for public statements of the manufacturer or other third parties. Other documents (e.g., brochures, catalogues, cover letters, price lists, technical data or similar) shall not lead to a quality agreement, insofar as this is not expressly agreed upon in written form.
b) Wear and tear does not constitute a defect. Parts subject to wear (e.g., ball bearings, carbon brushes, brakes, wire ropes, rollers, chains, chain wheels, etc.) are not covered by the warranty.
c) Claims for defects shall not exist in the event of purely insignificant deviation from the agreed quality, in the event of only insignificant impairment of usability, in the event of natural wear and tear, as well as in the event of damage that occurs after the transfer of risk as a result of incorrect or negligent handling, excessive stress, unsuitable operating resources, or due to special external influences that are not assumed under the contract. If improper repair work or changes are carried out by the Customer or third parties, there shall also be no claims for defects for these and the resulting consequences.
d) Customer claims due to the expenses necessary for the purpose of the subsequent fulfilment – particularly transport, travel, labour, and material costs – are excluded to the extent that the expenses increased as a result of the goods delivered by TELOGS being subsequently brought to a location other than the Customer’s branch office, unless the purpo...
Warranty and liability for defects. 1.1. The Seller provide the Buyer with warranty for the quality of the Goods delivered for the period of 36 months from the date of Goods takeover by the Buyer.
1.2. The Seller provide the guarantee that the Goods are delivered properly, timely and completely and that the Goods shall retain the properties agreed in this Contract, Specifications (Attachments 1, 2, 3 and 4 hereof) and in relevant applicable legal regulations and standards, and that the Goods shall not show any defects during the warranty period.
1.3. The Seller is responsible also that the delivered Goods does not show any legal defects, and that no claims will be made by a third party due to infringement or threat of copyright, trademark rights or other similar rights.
1.4. The Seller is responsible for defects of the Goods pursuant to the provisions of Article 422 of the Commercial Code and subsequent Articles thereof. The Seller is responsible for legal defects of the Goods pursuant to the provisions of Article 433 of the Commercial Code and subsequent Articles thereof.
1.5. Should the Goods have any defects, the Buyer has right to claim from the Seller for the following:
(i) elimination of defects upon a repair of the Goods by the Seller; also the Buyer may eliminate a defects upon a repair at cost of the Seller, at the same time the Buyer is entitled to have the defect eliminated by a third party at cost of the Seller, if the Seller has not eliminated the defect within a reasonable period specified by the Buyer for such elimination;
(ii) elimination of defects upon supplying substitutional goods to replace the defective Goods, i.
Warranty and liability for defects. 14.1 The length of warranty for new ma- chines ("Federkern-Maschinen") from Spühl and Fides is 36 months or 10,000 operating hours, depending on which occurs first. For all other new ma- chines/deliveries, the length of warranty is 12 months. The warranty starts on the day of delivery. If shipping, ac- ceptance, or installation are delayed for reasons for which Spühl GmbH is not responsible, the warranty period shall end at the latest 36 respectively 12 months after notification of readiness for shipment. The warranty for new, in- dividually delivered components is 12 months after shipment, provided that this does not involve wearing parts.
14.2 The warranty expires prematurely if the customer or third parties undertake in- appropriate modifications or repairs, or if the customer, when a defect has been detected, does not immediately take all suitable measures to minimize damage and give Spühl GmbH the op- portunity to correct the defect. Further- more, the warranty expires prematurely if original spare and wearing parts are not used, unless Spühl has given writ- ten consent to this or if the customer does not comply with predefined maintenance and care instructions. No warranty applies if parts, assemblies or machines are produced according to specifications of the customer on its behalf and at its expense.
14.3 The customer must immediately give written notice to Spühl GmbH of any de- fect that occurs. If the customer notifies Spühl GmbH of the defect, but no de- fect can be detected for which Spühl GmbH is liable, the customer shall re- imburse Spühl GmbH for the cost in- curred through such a claim.
14.4 Liability for defects in material, design and workmanship. Upon written request of the customer, Spühl GmbH agrees at its option to re- pair or replace as quickly as possible all parts of the deliveries from Spühl GmbH that become defective or unusa- ble before the expiration of the warranty period due to poor materials, faulty de- sign, or poor workmanship. Replaced parts shall become property of Spühl GmbH, provided that they had been the customer’s property. Spühl GmbH shall bear the costs arising from the rework performed in its facilities. If the rework cannot be carried out in the facilities of Spühl GmbH, the customer shall bear the associated costs (in particular cus- toms duties and similar expenses) to the extent that they exceed the custom- ary costs of transport, personnel, travel- ling, and living as well as the costs for disassembly and r...
Warranty and liability for defects. 20.1. The Supplier accepts warranty and liability for defects of delivered products only if the recommended storage and drying conditions mentioned in article 15 were respected.
20.2. The general warranty period is 12 months after production date. The warranty is subject to the timely fulfilment of the agreed payment conditions by the Customer.
20.3. The Supplier guarantees the solderability over 12 months for chemical Ni/Au, Ni/Pd/Au and Hot Air Levelling. For all other surface treatments the solderability is guaranteed only with a maximum of 6 months.
20.4. For Flex- and Rigid-Flex circuit boards the Supplier guarantees only for 6 months of processing after the Supplier's production date.
20.5. The Supplier shall be responsible to repair or replace any parts, which, before the expiry of the warranty period, are proven to be unusable due to bad materials, faulty built-up or poor workmanship. The right to cancel the contract or reduce the purchase price as well as the right to sue for damages shall be excluded. If a supply is still defective, despite a replacement or repair, the Supplier is entitled to take back the defective supply against reimbursement of the received payments.
20.6. Excluded from the Supplier's warranty and liability are all deficiencies beyond the control of the Supplier, especially if resulting from normal wear and tear, false information from the Customer, unsuitable consumable material, failure to observe the operating instructions, inappropriate manipulation or external force.
20.7. Explicitly excluded from the Supplier's warranty and liability are damages to the Customer’s property resulting from the use, processing, assembling, mixing or fitting of the delivery (e.g. components mounted on the delivery).
20.8. The notification of defects shall not alter the Customer’s obligation to pay the contractual price. Any retention or reduction of payments shall depend on the Supplier’s explicit approval.
