Warranty Damages Sample Clauses
Warranty Damages. Upon receipt by the Borrower of any warranty damages (including liquidated damages (if any)) paid under any Major Project Document or Equipment Supply Agreements that exceed in the aggregate [*****] with respect to any one or any series of related warranty claims, the Borrower shall deliver to the Guarantor within [*****] a Prepayment Election Notice specifying that it elects to apply the Net Amount of such warranty damages received to prepay the principal amount under one or more Advances and, if applicable, capitalized interest, and pay all accrued interest (other than capitalized interest) and other amounts due and payable in connection with such prepayment, and shall make such prepayment on the date specified in such Prepayment Election Notice, which shall be no later than [*****] following delivery of such Prepayment Election Notice; provided, that the Borrower shall not be required to use for prepayment the portion of such warranty damages that the Borrower and the Guarantor reasonably determine are necessary to repair, replace or modify the Project or any portion of any thereof, to eliminate or mitigate any operational underperformance by the Project to which such warranty damages directly relate, to the extent such performance damages are used for such purposes within the [*****] following the receipt thereof. If warranty damages that are not applied to prepay Advances or interest or other amounts thereon pursuant to the proviso of the preceding sentence are not used within twelve months after receipt thereof to repair, replace or modify the Project or a part thereof, the Borrower shall deliver a Prepayment Election Notice electing to apply such unused performance damages to prepay the Advances and, if applicable, capitalized interest thereon and all accrued interest (other than capitalized interest) and other amounts due and payable in connection with such prepayment in accordance with this paragraph as if they were received on [*****];
Warranty Damages. We shall be liable for injury to persons of the contracting partner irrespective of the extent of lack of care of which we are accused. Otherwise, we shall only be liable for losses caused deliberately or with blatant gross negligence by us or by persons for whom we are responsible. We assume no liability for consequential losses, lost profit and expected savings not achieved. • In general, we accept - in accordance with the following terms and conditions - justified warranty claims of our contracting party regarding all parts of our range of products notified to us in writing within two years of delivery of our product to our contracting party, however, not later than one year after first registration of the vehicle. It shall be a precondition for any warranty claim that assembly was carried out properly or by a specialised business according to ▇▇▇▇▇▇’s assembly instructions, and that there has been no breach of the commercial obligation to lodge a complaint pursuant to Secs. 377 et seq. of the Commercial Code (see below). • In supplement to the provisions of Sec. 377 of the Commercial Code, it is agreed that defects in products supplied by us shall be notified in writing to us within a reasonable period, at the latest within two weeks after delivery, and documented by photographs. Defects apparent at the time of delivery shall in addition be noted in the shipping documents (delivery note, way bill,…). If these provisions are not complied with, the legal consequences laid down in Sec. 377 (2) of the Commercial Code shall take effect. • No warranty shall apply to any kind of mechanical destruction (e.g. breakage of luminescent glass) or to claims related to defects of wearing parts (such as bulbs, sockets, plugs ISO 1185/3731), as well as claims in connection with defects due to material defects or material fatigue, or to our products or parts thereof being exposed to unusual physical, chemical, mechanical or other effects (e.g. acids or alkalis, temperatures beyond the range of between minus 40° Celsius and plus 80° Celsius, leaking cargo, chemical detergents and the consequences resulting therefrom, UV radiation outside UV Guideline ISO 4892T2), or to such described in the material data sheets or the product information sheets as being unauthorised. • Claims related to defective parts which we have purchased ourselves, such as plugs/sockets ISO 1185/3731, may only be raised against us to the extent that we have a justified claim against our suppliers. I...
Warranty Damages.
6.1 The supplier guarantees that the delivery possesses the agreed properties and conforms the acknowledged rules of technology at the place of fulfilment. Furthermore, he warrants that it complies with the existing safety regulations and the agreed specifications, dimensions, weights and other properties. Furthermore, the supplier commits to compliance with environmental standards and the relevant laws and regulations at the place of fulfilment.
6.2 In case of assignment of subcontractors, the supplier ensures that he demands the same requirements and minimum standard.
6.3 Innofreight is able to partially cancel or request the execution at a later deadline, if, in case of force majeure, strike or lockouts the implementation of the contractual obligations is essentially hindered, without any claims being lodged towards Innofreight. The contractor can resign on his part, if, in these cases, the execution of the order is unacceptable.
6.4 Faults will be notified immediately to the supplier, as soon as they are detected after the conditions of a proper business process. . The supplier hereby explicitly resigns from objection of delayed notice of defects. The notice of receipt does not count as recognition that the goods are free of faults. Innofreight is entitled to all the warranty claims and damage claims for the whole delivery, in case that faults show at the execution of random samples.
6.5 The supplier must immediately remedy any defects occurring during this period at own expense on demand. All expenses and costs occur in connection with the removal of defects, for instance costs of transport, dismantling, installation or demurrage, shall be borne by the supplier.
6.6 Innofreight is entitled to the right to choose between removal of defects a re-production/re-manufacturing in any case. If something has to be corrected, the amendment after the ineffective first attempt of subsequent improvement counts as failed.
6.7 In warranty cases the supplier bears the burden of proving that the defect didn’t exist at the time of delivery for the entire warranty period.
6.8 In urgent cases, Innofreight is able to, after messaging the supplier, repair faults at their cost and risk, regardless of Innofreight’s other requirements.
6.9 Should occur some damage to Innofreight or their buyers caused by defective deliveries or services, the supplier is bound to cover for the damage. The supplier, who’s not only distributor, has to vouch for the faults of his deliveries an...
Warranty Damages. 1. The Warranty Conditions that are enclosed to these Terms and form a constituent part of the Terms. Whenever the Customer receives the Warranty Conditions, it is considered to be fully acquainted with the Terms.
2. Notwithstanding any provision off this Terms (including Warranty Conditions) to the contrary, if any, any product liability of TBSLO shall be limited to requirement of applicable legislation in accordance with these Terms.
3. TBSLO does not accept any product recall provision beyond the mandatory requirements of applicable legislation in accordance with these Terms.
4. TBSLO does not accept any obligation to pay and contractual penalty or any payment having a comparable effect, including any liquidated damages, where applicable.
5. TBSLO shall be entitled to claim reimbursement to any and all damages, including loss of profit.