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 necessary maintenance. In case of the parts of the Performance, for which a special service or reviews are requisite by the manufacturer or supplier, the Contractor is obliged to provide SE with a written service plan or a plan of mandatory reviews over the warranty period, along with drafts of relevant service contracts with the entities authorized to carry out such service or review. 14.7 If performance which is purchased by the Contractor from a third party for resale to SE is covered by a warranty provided by the third party, this must not be shorter than the period pursuant to clause
Appears in 1 contract
Samples: Contract for the Purchase of Supplies, Services or Works
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 necessary maintenance. In case of the parts of the Performance, for which a special service or reviews are requisite by the manufacturer or supplier, the Contractor is obliged to provide SE with a written service plan or a plan of mandatory reviews over the warranty period, along with drafts of relevant service contracts with the entities authorized to carry out such service or review.
14.7 If performance which is purchased by the Contractor from a third party for resale to SE is covered by a warranty provided by the third party, this must not be shorter than the period pursuant to clause 14.2 herein from the Performance takeover. The Contractor is obliged to inform SE about any circumstances which could possibly influence filing of claim from defects of such Performance, in particular, it is obliged to notify SE in writing of the date of expiry of the warranty period and is obliged to hand over the SE on handover of the Performance any documents necessary to be submitted in case of filing claims from liability for defects, as well as a full list of parts of the Performance, specifying the warranty period of a particular part of the Performance.
14.8 The Performance has defects if it fails to correspond with the result specified in the Contract, with the purpose of its usage, or if the qualities set out in the Contract or in the generally binding legal regulations or valid technical standards or other obligations of the Contractor pursuant to the clause 9.4.7 herein failed to be met.
14.9 The Contractor shall be held liable for defects of the Performance at the time of its handover and takeover by SE, regardless of when the defect was detected by SE, even if the defect becomes obvious (detected by SE) after this time, if SE notifies such defects to the Contractor not later than until expiry of the warranty period.
14.10 In the event that the Performance shows obvious defects at the takeover, SE shall be entitled to refuse to take over the Performance. If takeover of the Performance is refused, SE shall make a record where it shall state the defects. One counterpart of the record on the refusal to take over the Performance shall be provably handed over to the Contractor. The Contractor is obliged to remove the defects without undue delay, however at the latest within 5 working days, unless the Parties agree otherwise. After their removal, the Contractor shall be obliged to repeatedly call upon SE to take over the Performance pursuant to this clause and to draw up the Takeover Protocol pursuant to the clause 9.
4.1 herein. Should the Parties agree a period longer than 5 working days, the Contractor is obliged to start removing the defects within 2 working days from the drawing up of the record pursuant to this clause.
14.11 SE may take over the Performance with defects that do not prevent its use or unfinished works that are capable of use (hereinafter referred to as “Small Defects”). If this is the case, the Takeover Protocol shall contain a list of Small Defects. Description of the Small Defects mentioned in the list shall be specific and clear, and a date of removal of each Small Defect shall be agreed on with the Contractor. Where agreement on the date is not reached due to various reasons, the deadline for the Small Defect removal is 5 working days after its detection at the Performance takeover. Should the Parties agree a period longer than 5 working days, the Contractor is obliged to start removing the Small Defects within 2 working days from drawing up the Takeover Protocol. For the avoidance of doubt also in the case of takeover of the Performance with Small Defects, the Performance will be deemed duly handed over and the Contractor’s obligation duly fulfilled only upon removal thereof.
14.12 The Contractor is responsible for defects of the Performance which arose after the Performance’s handing- over if these defects were caused by a breach of its duties or if the defect occurs in the context of SE’s action (e.g. defects occurring due to damage to the Performance by SE or by a third party, or due to an act of SE or a third party) according to the user manual or other documents supplied by the Contractor pursuant to the Contract (e.g. pursuant to the clause 14.6 herein).
14.13 The Contractor is not responsible for defects of the Performance that resulted when SE supplied inappropriate or incomplete basic documents by SE and the Contractor could not find out their inappropriateness even when using professional care, except in the event of a breach of the declarations or obligations of the Contractor pursuant to the clause 12.6 herein, or when the Supplier notified SE of inappropriateness in writing and SE insisted on their usage.
Appears in 1 contract
Samples: Annex Ix Slovakia
Warranty and liability for defects. In addition The Seller provide the Buyer with warranty for the delivered Goods quality for period of 36 months from the date of Goods takeover by the Buyer. The Seller warrants that the Goods are delivered properly, timely and completely and shall retain the properties agreed in this Contract, respective Partial Contract, Specifications (Attachments 1 and 2 hereof) and in relevant applicable legal regulations and standards, and that the Goods shall not show any defects during the warranty period. The Seller is responsible also that the delivered Goods does not show any legal defects and no claims will be made by a third party due to artinfringement or threat of copyright, trademark rights or other similar rights. 14. “THE CONTRACTOR’S WARRANTIES” The Seller is responsible for defects of the General Part:
14.1 Goods pursuant to the provisions of Article 422 of the Commercial Code and subsequent Articles thereof. The Contractor declares Seller is responsible for legal defects of the Goods pursuant to the provisions of Article 433 of the Commercial Code and guarantees that subsequent Articles thereof. In the Performance will be case the Goods have any defects during the warranty period, the Buyer has right to claim from the Seller the right to eliminate such defects. The Buyer is entitled to exercise this claim with the Seller in writing without undue delay after discovering a defect in the Goods, however no longer than 30 days after the expiry of the warranty period according to paragraph Error: Reference source not found of this Article hereof. for the purposes of exercising the Buyer’s claim to eliminate defects in the Goods (hereinafter referred to as “Notification of Defect in the Goods“) the Seller shall notify the Buyer of appropriate e-mail address(es) till delivering the Goods as the latest. The Notification of Defect in the Goods deems delivered to the SE in compliance and Seller at the moment of its sending to the extentSeller’s e-mail address as per the preceding sentence (or to other Seller’s e-mail address, quality and under conditions as agreed if the Seller does not notify the Buyer of appropriate e-mail address by that time). In the event of exercising the Buyer’s claim according to paragraph 1.5 of this Article hereof, the Seller obliged to eliminate the claimed defects in the Goods free of charge in one of the following methods: upon a repair of the Goods, or upon supplying substitutional goods to replace the defective Goods (i.e. substitutional performance by the Seller), whereas the right of choice between these defect claims belong to the Seller. The Buyer is obliged, at its own costs, to provide the Seller with reasonable cooperation in eliminating the claimed defect. If no effective remedy according to paragraph 1.6, section (i) or section (ii) of this Article hereof is possible, the Contracting Parties can agree on provision of reasonable discount of the purchase price for the Goods by the Seller. The Seller is obliged without delay, however no later than 10 business days upon delivering the Notification of Defect in the Goods according to paragraph 1.5 of this Article hereof to the Seller (unless the Contracting Parties agree on a longer period in justified cases), to deliver to the Buyer a written notification of the method of eliminating the defect in Goods by any of the methods according to paragraph 1.6 of this Article hereof, or written notification that the defect in the Goods cannot be effectively removed respectively. The Seller is obliged to commence the elimination of a defect in the Goods without undue delay, however no longer that 10 business days upon delivering the Notification of Defect in the Goods according to paragraph 1.5 of this Article hereof to the Seller (unless the Contracting Parties agree on a longer period in justified cases). The Seller is obliged to complete the elimination of a defect in the Goods without undue delay, however no longer than 3 months upon delivering the Notification of Defect in the Goods according to paragraph 1.5 of this Article hereof to the Seller. This period can be reasonably extended if the nature of the defect or the method of its elimination objectively requires so, or if defect elimination is not feasible within the period according to the preceding sentence due to reasons which the Buyer is solely responsible for. Also the Buyer may eliminate the defect by repair of the Goods at costs of the Seller whereas the Buyer is, at the same time, entitled to have the defect in the Goods eliminated by a third party at costs of the Seller, if: the elimination of the defect cannot be delayed, or the Seller has not delivered to the Buyer the notification according to paragraph 1.8 of this Article hereof in time, or the Seller does not commence the elimination of the defect provably within the period according to paragraph 1.9 of this Article hereof, or the Seller does not eliminate the defect in the Goods within the period according to paragraph 1.10 of this Article hereof, whereas: in such events the Seller is obliged, for the purposes of eliminating the claimed defect, (a) no later than within the first (1st) business day following the delivery of the Buyer’s request to provide the Buyer with contact to its suitable authorized representatives and/or deliver its statement in writing to the eventual Buyer’s request for approval of a third party that the Buyer intends to entrust with elimination of the defect, and/or (b) without delay, however no later than within 5 business days, to deliver its statement in writing to the Buyer’s request for approval of suggested method of defect elimination; in the case of elimination of the claimed defect according to this paragraph 1.11 of this Article hereof, the rights and/or claims of the Buyer resulting from the warranty pursuant to this Article hereof remain unaffected exempt for those parts of the Goods that were subject to the repair according to this paragraph 1.11 of this Article hereof performed by the Buyer (or by Xxxxx entrusted third party not being any Seller’s authorized representative respectively) without prior consent of the Seller; the Buyer’s rights and/or claims according to section (ii) of this paragraph 1.11 of this Article hereof remain unaffected also in the case, when the Buyer eliminates the defect without Seller’s preceding consent, is the Seller has not met any of its obligations according to section (i) of this paragraph 1.11 of this Article hereof. The Seller obliged to eliminate, within the deadlines according to this Article hereof, also the defects in the Goods claimed by the Buyer pursuant to this paragraph Error: Reference source not found of this Article hereof, the liability for which the Seller refuses, whereas in such case the Seller is entitled to reimbursement of reasonable price for defect elimination, which the Contracting Parties shall determine upon mutual agreement on the basis of Seller’s proposal. In such case, the burden of proof is at Seller’s party. A material breach of the Contract by the Seller shall also be considered if the Seller: notifies the Buyer that the defect, which the Seller is liable for, cannot be effectively eliminated by any of the methods according to paragraph 1.6 of this Article hereof and the Contracting Parties do not achieve any agreement on reasonable discount from the purchase price according to paragraph 1.7 of this Article hereof, or does not complete the elimination of defect in the Goods, which the Seller is liable for, even in an additional period of 1 month after xxxx expiry of the period according to paragraph 1.10 of this Article hereof, or refuses to eliminate the claimed defect in the Goods without any relevant reason. The case when the same defect in the Goods occurs repeatedly even despite its elimination by one of the methods according to paragraph 1.6 of this Article hereof, deems a material breach of this Contract by the Seller. The Seller’s warranty according to this paragraph Error: Reference source not found of this Article hereof does not relate to the defects that have arisen in consequence of: normal wear and tear of the Goods, or installation, utilization and/or maintenance of the Goods, or other handling of the Goods respectively, by the Buyer in contrary to appropriate manuals for operation and maintenance of the Goods or other instructions of the Seller, or repair or modification of the Goods by the Buyer (or by Xxxxx entrusted third party who is not any Seller’s authorized representative) without prior consent of the Seller, however excluding the cases according to paragraph 1.11 of this Article hereof. Claims for defects of the Goods do not affect the Buyer’s claims for damages under this Contract or claims for contractual penalties under this Contract. A Contracting Party is liable for damage suffered by other Contracting Party in consequence of breaching it obligations resulting from this Contract and/or Partial Contract. The Contracting Parties have agreed, with regard to all circumstances related to the conclusion of this Contract and annexes theretorespective Partial Contract, that the maximal amount of damage, which the Contracting Parties may claim for in performing the Partial Contract, shall not exceed the amount of the total purchase price specified in the respective Partial Contract. At the same time, the Contractor guarantees Contracting Parties have agreed that they shall mutually compensate only for the Performance will be free actual damage whereas the compensation for lost profit and consequential damages is excluded. For avoidance of legal defects.
14.2 Unless stated otherwise in doubt, for the Contractpurposes of this Contract the consequential damages are understood the following damages: loss and/or deferral of production, the Contractor undertakes that the Performance will retain its features pursuant to the Contract and shall be held liable for defects loss of Performance throughout the warranty period which shall be 24 months.
14.3 The warranty period shall start on the day product, loss of the takeover by SE equipment use, loss of the Performance without any defects and unfinished worksrevenue, profit or anticipated profit, loss of opportunity, equipment standby time and/or downtime, 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 SEincreased overhead.
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 necessary maintenance. In case of the parts of the Performance, for which a special service or reviews are requisite by the manufacturer or supplier, the Contractor is obliged to provide SE with a written service plan or a plan of mandatory reviews over the warranty period, along with drafts of relevant service contracts with the entities authorized to carry out such service or review.
14.7 If performance which is purchased by the Contractor from a third party for resale to SE is covered by a warranty provided by the third party, this must not be shorter than the period pursuant to clause
Appears in 1 contract
Samples: Framework Purchase Contract
Warranty and liability for defects. In addition to art8.1. 14. “THE CONTRACTOR’S WARRANTIES” of The seller provides a warranty for the General Part:
14.1 The Contractor declares and guarantees that goods for the Performance will be delivered to the SE in compliance and to the extent, quality and under conditions as agreed length specified in the Contract and annexes theretopurchase contract or on the warranty card. At the same timeUnless otherwise stated, the Contractor guarantees that the Performance will be free seller provides a warranty 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 starts on the day following after the date of SE’s delivery of the goods to the purchaser. The warranty of quality does not cover common wear and tear of the goods.
8.2. The purchaser is obliged to inspect the goods without undue delay at the place and time of their receipt or upon receipt of the consignment with the goods. If any defects are found, he will draw up a protocol of acceptance stating the result of this inspection and deliver it to the seller.
8.3. The purchaser shall inspect the goods without undue delay on taking over the goods in the factory or when receiving a consignment of the goods, and if any defects are identified it shall write a takeover protocol on the result of this inspection and deliver it to the seller.
8.4. Obvious defects and incorrect amounts of the goods delivered identified during the inspection of the goods during the takeover procedure shall be reported by the purchaser at the latest within 5 days from the day the goods are taken over by the purchaser.
8.5. Hidden defects of the goods that the purchaser should identify if due care was executed during the inspection or which may be identified later shall be reported in written confirmation by the purchaser without undue delay after such discovery, however, before the end of the warranty period.
8.6. When making a warranty claim, purchaser specifies defects and shortcomings in sufficient detail by stating the type, production number of the goods and manifestations of the defects.
8.7. Non-reporting of defects within the prescribed periods means that the purchaser accepted the consignment without reservation and forfeits the rights attributable to defective performance.
8.8. The seller is entitled to verify the warranty claim at the place where the relevant goods covered by the warranty are located, and the purchaser is obliged to comply with this request.
8.9. If it is identified that a claimed defect is a result of incorrect use of the goods, a result of unskilled handling of the goods or a consequence of careless treatment, the purchaser shall forfeit the rights attributable to defective performance.
8.10. If a claimed defect amounts to defective performance, the dates and means for remedying the defective performance at its sole discretion determines the seller (i.e. elimination of the defect’s removal, replacement of the goods or a discount of the purchase price). In case The seller shall inform the purchaser about the determined dates and means.
8.11. Should the seller fail to remedy the defective performance within the determined date and the seller fail to remedy within an additional period of defects 30 days after the lapse of the determined date, the purchaser is entitled to: (i) withdraw from the purchase agreement, or request (ii) a discount of the purchase price. The purchaser shall report its decision to withdraw from the purchase agreement to the Performanceseller in writing within 10 days from the additional period to remedy lapses. If this period is not observed, for which repair is only possible through exchange the right to withdraw from the agreement due to existence of the part defect in question becomes void.
8.12. The purchaser is not entitled to eliminate defects on its own or replacement thereofvia third parties. If the purchaser interferes in any way with the structure of the product or its packaging, it forfeits the warranty period rights attributable to defective performance and warranty.
8.13. The purchaser compensates the seller any incurred material and/or non-material harm. The obligation of the seller to compensate the purchaser for any incurred non- material harm is herewith excluded. The obligation of the seller to compensate the purchaser for any caused material harm (including any potential raised claims) shall recommence not exceed the purchase price under the purchase agreement on the day following after basis of which the date of removal of such defects repaired this way and their written takeover by SEharm was caused, or the claim was raised.
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 necessary maintenance. In case of the parts of the Performance, for which a special service or reviews are requisite by the manufacturer or supplier, the Contractor is obliged to provide SE with a written service plan or a plan of mandatory reviews over the warranty period, along with drafts of relevant service contracts with the entities authorized to carry out such service or review.
14.7 If performance which is purchased by the Contractor from a third party for resale to SE is covered by a warranty provided by the third party, this must not be shorter than the period pursuant to clause
Appears in 1 contract
Samples: Terms of Business
Warranty and liability for defects. In addition 7.1. The Seller is obliged to art. 14. “THE CONTRACTOR’S WARRANTIES” deliver the Subject of the General Part:
14.1 The Contractor declares and guarantees that the Performance will be delivered Sale to the SE Buyer in compliance and to the extentquantity, quality and under conditions as agreed design according to Annex 1 and 2 of this Agreement. The Seller declares, in accordance with Section 2103 of the Contract and annexes thereto. At the same timeCivil Code, the Contractor guarantees that the Performance will be Subject of Sale is new and has no defects. The Seller warrants that the Subject of Sale, or parts thereof, are free from the third-party rights and are not subject to any legal or factual defects that would prevent their proper use and performance of legal defectsthis Agreement.
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 7.2. The Seller is liable for defects the risk of Performance throughout the warranty period which shall be 24 months.
14.3 The warranty period shall start on the day damage to any part of the takeover by SE Subject of Sale until the acceptance of the Performance without any defects and unfinished worksSubject of Sale by the Buyer, 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 i.e. the risk of damage to the Performance Subject of Sale passes to SEthe Buyer at the moment of signing the handover protocol according to paragraph 3.4 of this Agreement.
14.4 The 7.3. In accordance with Section 2113 et seq. of the Civil Code, the Seller provides a warranty period shall not apply for the quality of the Subject of Sale and the Related Supplies and Services for a 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 12 months from the date of SE’s written confirmation signing the handover protocol by both Contracting Parties (the “Warranty Period”).
7.4. The Warranty Period is suspended for the duration of any defect that prevents the use of the defect’s removalSubject of Sale, i.e. the period from the exercise of the right of liability for defects until the defect is removed is not included in the Warranty Period. In case of defects to remedying the Performance, for which repair is only possible through exchange defect by delivery of the part or replacement thereofa substitute performance, the new warranty period for this substitute performance shall recommence on run for the day following after original length from the date of removal of such defects repaired this way and their written takeover its protocol acceptance by SEthe Buyer.
14.5 The warranty also applies to any defects resulting from defects 7.5. Under the warranty, the Seller undertakes that the Subject of material or defective components Sale will be suitable for the agreed and usual purposes for the duration of the PerformanceWarranty Period and that it will retain the required features. Therefore, the Contracting Parties declare that they consider the agreed purpose and required features as set out in Annexes 1 and 2 to this Agreement.
7.6. The Contractor is responsible for defects Subject of materialSale shall be deemed defective unless it, defects caused upon acceptance by the manufacturerBuyer or at any time during the Warranty Period:
a) has the features set out in this Agreement, Subcontractor or any other b) is suitable for the purpose set out in this Agreement, c) is free from legal defects.
14.6 7.7. The Contractor Buyer shall notify SE claim the identified defects of the Subject of Sale in writing through the mail service provider or by electronic mail, i.e. by e-mail to the contact address of the Seller: xxxxx@xxxxxxxxx-xxxxxx.xxx. In the complaint, the Buyer shall provide a description of the defect or specify how the defect manifests itself.
7.8. The defect is claimed in time if the written form of the claim is sent to the Seller no later than on the last day of the Warranty Period. The defect is claimed in time if the written form of the claim is sent to the Seller no later than on the last day of the Warranty Period. If the end of the Warranty Period is on Saturday, Sunday, or a public holiday, the defect is claimed in time if the written form of the claim is sent to the Seller on the nearest working day.
7.9. Unless the Contracting Parties agree otherwise in writing, the Seller is obliged to commence the remedying of the claimed defect within 10 working days and to remedy the claimed defect within 15 working days from the date of commencement of the remedying of the defect. The Seller undertakes to use only new, unused, and original spare parts when repairing the Subject of Sale.
7.10. If the Seller does not proceed to remove the claimed defect within the agreed period, the Buyer is entitled to commission a third party to remove the defect. All costs so incurred shall be paid by the Seller to the Buyer.
7.11. The Seller is obliged to remedy the claimed defects of the Subject of Sale primarily at the latest on takeover place of performance according to paragraph 3.1 of this Agreement. Any costs of transport of the Performance, Subject of any specifics Sale for the purpose of remedying the claimed defects outside the place of performance shall be borne by the Seller. The Seller is obliged to remedy the defects at its own expense. The Seller shall pay all costs incurred by the Buyer in connection with the remedying of the Performance provided and at defect.
7.12. The Buyer has the right to demand the remedy of the defect through the delivery of a new Subject of Sale or the replacement of its part if the same time provide SE with defect occurs again after the first repair, or if the Buyer cannot properly use the Subject of Sale due to a detailed manual defining the necessary maintenancesignificant number of defects.
7.13. In case of the parts of the Performance, for which a special service or reviews are requisite by the manufacturer or supplier, the Contractor The Buyer is obliged to provide SE with a written service plan or a plan of mandatory reviews over the warranty period, along with drafts of relevant service contracts Seller with the entities authorized necessary cooperation to carry out such service or reviewremedy defects.
14.7 If performance which is purchased 7.14. The Contracting Parties shall draw up a protocol on the removal of the defect. The draft protocol shall be prepared by the Contractor from a third party for resale to SE is covered by a warranty provided by Seller.
7.15. The Contracting Parties hereby exclude the third partyapplication of Section 1925 of the Civil Code, this must not be shorter than the period pursuant to clausesentence after the semicolon.
Appears in 1 contract
Samples: Purchase Agreement
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 SE1.1. The Contractor may unilaterally extend Seller provide the Buyer with 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 delivered Goods quality for 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 36 months from the date of SE’s written confirmation of Goods takeover by the defect’s removalBuyer.
1.2. In case of The Seller warrants that the Goods are delivered properly, timely and completely and shall retain the properties agreed in this Contract, respective Partial Contract, Specifications (Attachments 1 and 2 hereof) and in relevant applicable legal regulations and standards, and that the Goods shall not show any defects to the Performance, for which repair is only possible through exchange of the part or replacement thereof, during 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 SEperiod.
14.5 The warranty also applies to any defects resulting from defects of material or defective components of the Performance1.3. The Contractor Seller is responsible also that the delivered Goods does not show any legal defects and 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 material, the Goods pursuant to the provisions of Article 422 of the Commercial Code and subsequent Articles thereof. The Seller is responsible for legal defects caused by of the manufacturer, Subcontractor or any other defectsGoods pursuant to the provisions of Article 433 of the Commercial Code and subsequent Articles thereof.
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 necessary maintenance1.5. In the case of the parts of the Performance, for which a special service or reviews are requisite by the manufacturer or supplier, the Contractor is obliged to provide SE with a written service plan or a plan of mandatory reviews over Goods have any defects during the warranty period, along with drafts of relevant service contracts the Buyer has right to claim from the Seller the right to eliminate such defects. The Buyer is entitled to exercise this claim with the entities authorized Seller in writing without undue delay after discovering a defect in the Goods, however no longer than 30 days after the expiry of the warranty period according to carry out such service paragraph 1.1 of this Article hereof. For the purposes of exercising the Buyer’s claim to eliminate defects in the Goods (hereinafter referred to as “Notification of Defect in the Goods“) the Seller shall notify the Buyer of appropriate e-mail address(es) till delivering the Goods as the latest. The Notification of Defect in the Goods deems delivered to the Seller at the moment of its sending to the Seller’s e-mail address as per the preceding sentence (or reviewto other Seller’s e-mail address, if the Seller does not notify the Buyer of appropriate e-mail address by that time).
14.7 If 1.6. In the event of exercising the Buyer’s claim according to paragraph 1.5 of this Article hereof, the Seller obliged to eliminate the claimed defects in the Goods free of charge in one of the following methods:
(i) upon a repair of the Goods, or
(ii) upon supplying substitutional goods to replace the defective Goods (i.e. substitutional performance which is purchased by the Contractor from Seller), whereas the right of choice between these defect claims belong to the Seller. The Buyer is obliged, at its own costs, to provide the Seller with reasonable cooperation in eliminating the claimed defect.
1.7. If no effective remedy according to paragraph 1.6, section (i) or section (ii) of this Article hereof is possible, the Contracting Parties can agree on provision of reasonable discount of the purchase price for the Goods by the Seller.
1.8. The Seller is obliged without delay, however no later than 10 business days upon delivering the Notification of Defect in the Goods according to paragraph 1.5 of this Article hereof to the Seller (unless the Contracting Parties agree on a longer period in justified cases), to deliver to the Buyer a written notification of the method of eliminating the defect in Goods by any of the methods according to paragraph 1.6 of this Article hereof, or written notification that the defect in the Goods cannot be effectively removed respectively.
1.9. The Seller is obliged to commence the elimination of a defect in the Goods without undue delay, however no longer that 10 business days upon delivering the Notification of Defect in the Goods according to paragraph 1.5 of this Article hereof to the Seller (unless the Contracting Parties agree on a longer period in justified cases).
1.10. The Seller is obliged to complete the elimination of a defect in the Goods without undue delay, however no longer than 3 months upon delivering the Notification of Defect in the Goods according to paragraph 1.5 of this Article hereof to the Seller. This period can be reasonably extended if the nature of the defect or the method of its elimination objectively requires so, or if defect elimination is not feasible within the period according to the preceding sentence due to reasons which the Buyer is solely responsible for.
1.11. Also the Buyer may eliminate the defect by repair of the Goods at costs of the Seller whereas the Buyer is, at the same time, entitled to have the defect in the Goods eliminated by a third party for resale to SE is covered by a warranty provided by at costs of the third partySeller, this must if:
a) the elimination of the defect cannot be shorter than delayed, or
b) the period pursuant Seller has not delivered to clausethe Buyer the notification according to paragraph
Appears in 1 contract
Samples: Framework Purchase Contract
Warranty and liability for defects. In addition to art1. 14. “THE CONTRACTOR’S WARRANTIES” Unless the product documentation or confirmation of the General Part:
14.1 The Contractor declares and guarantees that Buyer’s order by PBS or the Contract 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 will be delivered to the SE in compliance and Buyer, or of delivery to the extentplace of delivery according to the agreed delivery terms, 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 defectswhichever comes first.
14.2 Unless stated otherwise in 2. The Buyer is obliged to claim the Contract, quantity or obvious defects of the Contractor undertakes that Subject of Performance within 7 days from the Subject of Performance will retain its features pursuant handover to the Contract and Buyer, or at the time of delivery of the Subject of Performance to the place of delivery according to the agreed delivery conditions, whichever occurs sooner. Other defects must be claimed by the Buyer within the determined warranty period. Any claim shall be held liable for defects of Performance throughout considered a timely claim if it has been sent by the warranty period which shall be 24 months.
14.3 The warranty period shall start Buyer on the last day of the takeover by SE time period, otherwise the right to claim quantity or obvious defects ceases to exist.
3. The Buyer is obliged to claim defects of the Subject of Performance without in writing (by a registered letter or electronically), immediately after the defect is detected. In the claim document, the Buyer shall describe the defect detected or shall specify how it is manifested and/or, where applicable, provide documents regarding the defect detected, and, concurrently, shall specify its requirements in respect of the method of the defect removal, as well as the time period within which the defect is to be remedied. The Buyer is obliged to notify the Seller of the forecast costs associated with the defect removal or repair. Until the claim is settled, the Buyer is obliged to stop any work on the Subject of Performance claimed and store thereof separately. Where a replacement Subject of Performance is provided, the Purchaser is obliged to return the defective Subject of Performance according to the transport requirements specified by the Seller.
4. The Buyer is obliged to notify PBS in writing other defects covered by the warranty, as well as of any defects and unfinished worksexisting in the Subject of Performance at the time of handover, within 3 days after the defect has been or should have been discovered, otherwise the Buyer’s rights from defects shall cease to exist. Any defect must be notified in writing, preferably via the web form at xxxxx://xxx.xxx.xx/en/products/service-and- maintenance/reclamation, and, for these purposes, the written form shall also mean email. Each warranty claim shall be examined by PBS within 30 calendar days, and signing the Buyer shall be notified in writing whether or not the claim is justified. The choice of claim under defective performance shall be determined by PBS. PBS shall, at its sole discretion, remove the defect by repairing or replacing the defective product (or any part thereof) with a defect- free product or by providing a reasonable discount from the purchase price. Defective parts replaced free of charge may be kept by PBS. Unless the Parties agree otherwise, the Buyer’s right to receive a reasonable discount from the purchase price shall only pertain to the Buyer, if repair or replacement of a defective product, or any part thereof is not economical or ineffective or if PBS is not able to carry our the repair within the agreed time period or the repair or replacement cannot be carried out due to non-existence or unavailability of the Takeover Protocol pursuant part that could by replaced for the defective part, always at the choice of PBS.
5. 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 clause 9.4.1 hereinproduct during the operation or manipulation thereof, if not agreed otherwise or otherwise, improper storage, modification or disassembly of the product by any person other than a technician fully trained in the Contract field, through the fault or omission of the Buyer, improper or non-recommended use of the product, or operation of the product in legal regulations in forcea mode other than the one for which the product is designed, for example, failure to observe the installation, assembly, operation and maintenance instructions.
6. Any Buyer’s rights under defective performance shall also be excluded should the Buyer fail to provide assistance necessary to examine whether the warranty claim is justified.
7. If the Contractor Buyer has not paid the price of the subject of performance properly and timely, PBS is entitled to refuse to settle the warranty claim, until the Buyer provides a remedy.
8. Under no circumstances, PBS shall assume responsibility for defects, incompleteness, discrepancies or inconsistencies arising from models, drawings, designs, blueprints, production documentation or other information provided by the Buyer. PBS is not obliged to send notify the Performance Buyer of the defects above.
9. In addition, PBS is not responsible for any defects or inconsistencies in the product functionality (manifestation of defects) caused by interference with the operation of the Buyer’s system/equipment/product or the system/equipment/product supplied by a third party.
10. If PBS is not responsible for the defect, any costs on the works performed (repair and/or delivery of the replacement goods or product) shall be charged to SEthe Buyer based on the currently valid standard PBS’s price list, as well as any costs of dispatch, loading and unloading and preparatory work.
11. If the warranty claim is justified, the warranty period shall start be extended by the time period required to lapse settle the claim.
12. The warranty (quality guarantee) provided hereunder supersedes any rights arising from defective performance provided for by law; this shall not apply to the day PBS’s liability for apparent defects existing at the time of arrival or handover of the Performance to Subject of Performance.
13. Unless agreed otherwise, any Xxxxx’s claims arising from the place breach of destination and its takeover the Contract by SEPBS, based on mal-performance or non- performance by PBS shall become time-bared 12 months after the respective claim has arisen at the latest.
14. The Contractor may unilaterally extend Rights under the warranty period by making a statement of warranty extension. If the quality warranty is provided, the warranty period shall start cannot be assigned 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 necessary maintenance. In case of the parts of the Performance, for which a special service or reviews are requisite by the manufacturer or supplier, the Contractor is obliged to provide SE with a written service plan or a plan of mandatory reviews over the warranty period, along with drafts of relevant service contracts with the entities authorized to carry out such service or review.
14.7 If performance which is purchased by the Contractor from a third party for resale without the prior written consent of PBS.
15. The Buyer’s right to SE withhold a part of the price corresponding to the Buyer’s entitlement to a discount is covered by a warranty provided by the third party, this must not be shorter than the period pursuant to clauseexcluded.
Appears in 1 contract
Samples: General Sales Terms and Conditions
Warranty and liability for defects. In addition to art8.1. 14. “THE CONTRACTOR’S WARRANTIES” of The Seller shall provide a warranty for 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 products as agreed specified in the Contract and annexes theretopurchase agreement or the warranty certificate. At the same timeUnless otherwise stated, 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 Seller shall be held liable for defects of Performance throughout the provide a 24-month 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 beginning on the day following the delivery of the products to the Buyer. The quality warranty means that the delivered Goods will be fit for use for the agreed or otherwise usual purpose and that they will retain the agreed or otherwise usual properties for the duration of the warranty period. The quality warranty does not cover normal wear and tear.
8.2. The Buyer shall immediately inspect the products at the Seller’s site during the pick-up or once the delivery is received and, if any defects are found, draft up a handover report on the outcome of the inspection and deliver it to the Seller.
8.3. The Buyer shall notify the Seller of any quantity deficiencies and apparent defects found during the inspection of the products at the acceptance of the products within 5 working days after the date acceptance of SEthe delivery of the products by the Buyer.
8.4. Hidden defects of the products, which should be identified by the Buyer exercising due diligence during the inspection or which might be identified later, shall be reported by the Buyer without undue delay but no later than by the end of the warranty period.
8.5. The Buyer’s written confirmation complaints must be delivered in writing to the Seller’s address.
8.6. When making a complaint, the claimed defects and deficiencies must be sufficiently specified by indicating the type, product number and the characteristics of the defect.
8.7. Failure to report the defects within the set time periods shall be deemed the Buyer’s removalacceptance of the delivery without objections and a waiver of the Buyer’s rights from defective performance.
8.8. The Seller shall check any defects reported and ask the Buyer to permit the Seller to handle the complaint at the location of the claimed products which the Buyer must allow.
8.9. If it is found that the defect is the result of improper use, non-expert or rough handling of the products, the Buyer will not have any rights from defective performance.
8.10. If a claimed defect turns out to be defective performance, the Buyer is entitled to receive additional performance in the form of a remedy or a discount on the purchase price.
8.11. In case of defects to the Performanceevent that the defect, for which repair the Seller is only possible through exchange liable, is remedied during repeated, i.e. second and any other attempt at performance, the Buyer shall be entitled to:
(i) terminate the purchase agreement; require (ii) a discount on the purchase price, (iii) remedy of the part defective products, or (iv) replacement thereofof the products. The Buyer shall notify the Seller of its decision to withdraw from the relevant purchase agreement within 10 days of such unsuccessful additional performance. Should the Buyer fail to do so, the warranty period right of withdrawal due to the existence of the relevant defect shall recommence on expire. The Buyer may not change its choice without the day following after the date of removal of such defects repaired this way and their written takeover by SESeller’s consent.
14.5 8.12. The warranty also applies Buyer is not entitled to any remedy the defects resulting from defects of material or defective components deficiencies itself or through third parties. In the event that the Buyer interferes with the structure or packaging 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 necessary maintenance. In case of the parts of the Performance, for which a special service or reviews are requisite by the manufacturer or supplierproduct, the Contractor is obliged right from defective performance and warranty shall cease to provide SE with a written service plan or a plan of mandatory reviews over the warranty period, along with drafts of relevant service contracts with the entities authorized to carry out such service or reviewexist.
14.7 If performance which is purchased by the Contractor from a third party for resale to SE is covered by a warranty provided by the third party, this must not be shorter than the period pursuant to clause
Appears in 1 contract
Samples: Terms and Conditions
