Warranty/Defects. 1. The condition of the article of sale must correspond to that which has been agreed between the parties, in particular the agreed specifications and drawings. The decisive factor here is the time of transfer of risk. If the article of sale is based on drawings provided by the client, the client retains responsibility for the drawing, particularly in cases where the content of the drawing is unclear or can be understood from an expert perspective in a manner other than that intended by the client.
2. The warranty period is one year from the date of delivery or, if acceptance is required, from the date of acceptance, unless the law provides for a shorter warranty period or no warranty period. Notwithstanding this, the statutory warranty periods are applied to claims for culpable injury to life, body or health and, where there is no evidence of ordinary negligence, to fault-based claims for compensation for property damage or financial loss. The client must provide the seller with an opportunity to inspect the rejected articles of sale.
3. The delivered goods must be carefully inspected by the client or a third party appointed by him immediately upon delivery. They are deemed approved if the seller is not in receipt of a written notice of defects regarding obvious defects or other defects detected in the course of an immediate, thorough inspection within five working days of delivery of the article of sale, or otherwise within five working days of the discovery of the defect or any earlier period in which the defect was apparent to the client during normal use of the article of sale without any further inspection. At the request of the seller, the rejected article of sale must be returned carriage paid to the seller. In the event that the complaint is justified, the seller reimburses the cost of the shipping route with the most favourable terms. However, this does not apply if the costs increase because the article of sale is located at a place other than the place of intended use.
4. If acceptance of the goods or an initial sample inspection has been agreed, the notification of any defects that could have been detected by the client as part of careful acceptance testing or the initial sample inspection is excluded.
5. In cases of material defects of the goods supplied, the seller is entitled and obliged to make an initial choice between repair or replacement within a reasonable period. In the event of failure, i.e. impossibility, unacceptability, refusal o...
Warranty/Defects. The provisions of section 6.1 to 6.7. as well as section 6.9 and section 6.11 of the General Part of the General Terms and Conditions of Beta Systems Group (DCI), Version 05/2021) shall apply. The right to terminate the Individual Agreement for just cause replaces the right to rescind the contract.
Warranty/Defects. The provisions of section 6.1 to 6.7. as well as section 6.9 and section 6.11 of the General Part of the General Terms and Conditions of Beta Systems Group (IAM), Version 05/2021) shall apply. The right to terminate the Individual Agreement for just cause replaces the right to rescind the contract.
Warranty/Defects. 15.1 Contractor warrants that the Goods and/ or Services shall be free from defects in material and workmanship and as specified in the Scope of Supply fit for any particular purpose defined. In the event that during the provision of the Goods and/or performance of the Services any defect or issues with suitability becomes apparent, the Contractor shall at its option repair, replace or re-perform any such defective or unfit Goods and/or Services at no additional cost to Company, in situ, in a prompt and timely manner. Any option exercised must fully rectify the identified defect or suitability issue to the satisfaction of the Company. In relation to any supply of Goods, such Goods material shall be subject to a minimum warranty for a period of twelve months following delivery by Contractor and acceptance by the Company. In the event that Company notifies Contractor within twelve months of delivery and original acceptance of defective Goods, Contractor shall, at its option, forthwith repair or replace such defective Goods at no cost to Company, irrespective of current location of said Goods. Any option exercised must fully rectify the defect to the satisfaction of the Company.
15.2 The Company may decide that the carrying out by the Contractor of work necessary to correct defects will be prejudicial to its interests. In such cases the Company (or a third party appointed by the Company) may undertake the Contractor's responsibilities described in this Article 15.0. The Company shall notify the Contractor in such cases and shall be entitled to recover from the Contractor all additional costs reasonably incurred by the Company as a direct result of carrying out such responsibilities or appointing a third party to do so.
15.3 The foregoing warranties are the sole warranties offered by Contractor and all other warranties whether expressed in statute or implied by custom or usage of trade are hereby specifically excluded and will be provided by the Contractor subject to the following condition:
(a) Contractor shall be under no liability in respect of any defect arising from wear and tear, Company’s negligence or the negligence of anyone not under Contractor’s control, Company’s wilful damage or the wilful damage of anyone not under Contractor’s control, alteration, failure to follow Contractor’s instructions, (whether oral or in writing), misuse, abnormal working conditions, improper installation and use and/or installation under conditions which exceed design ca...
Warranty/Defects. 6.1 XXXX may condition the acceptance of any good, product, part, or service to its prior analysis, whether full or partial, for complaints about and/or full or partial return of the batch, by virtue of hidden defects or failures and/or nonconformity with the specifications, standards, and drawings, among other of XXXX’x formally documented indications, in spite of the fact that this may be done at any time, even after the batch has been accepted or paid, provided that it is only through use that it is possible to verify these defects, failures, and/or nonconformities.
6.2 The Supplier is held fully responsible for the application of its goods, products, parts, or services in XXXX’x production process, as they may not undergo any type of inspection before use.
6.3 Should quality and/or punctuality issues arise, the Supplier will be formally notified and requested to take corrective actions.
6.4 XXXX is responsible for making available those goods, products, parts, and services considered as discrepant, as well as those substituted internally or in the field for analyzing the Supplier. In the event that the good, product, part, or service has been incorporated to the Xxxx product, Xxxx will be held responsible for making available the Xxxx product.
Warranty/Defects. 15.1. The Seller is liable for ensuring that its Products are free of manufacturing and material defects and that they comply under normal use for a maximum period of twelve (12) months from the date of delivery for such Products with the specification determined in the acceptance of the purchase order by the Seller. Except as provided in these Terms and Conditions of Sale the Seller disclaims all guarantees, expressly and implied, including merchantability and fitness for a particular purpose. The Seller`s declarations in catalogues, brochures and price lists with regard to the products available and their performance serve only as descriptions, designations and guidelines and do not constitute or be construed as a guarantee.
15.2. Seller’s obligation and Buyer’s remedy under the Warranty shall be, at Seller’s option and discretion, to either repair or replace at no additional charge, the defective Products (or the defective part of the Products) thereof, which is proved to breach such Warranty. If repair or replace is unsuccessful, the Buyer is entitled to rescind the contract or reduce the remuneration.
15.3. Industry-standard divergences shall only be deemed defects where this has been expressly agreed in writing by the parties. Wear and tear of expendable parts during the course of normal use does not represent a defect.
Warranty/Defects. 15.1. Unless otherwise agreed in writing by the Parties, Seller warrants to the Buyer that the Products shall be free from defects in material and workmanship (“Defects”), under normal use, for a maximum period of twelve (12) months (“Warranty”) from the
15.2. This limited Warranty shall not apply to any Product or component thereof which:
(a) has been repaired or altered outside of Seller’s factory in any manner so as, in Seller’s sole judgment, to affect its serviceability;
(b) has been subject to alteration, accident, misuse, abuse, neglect or abnormal wear;
(c) has been installed, operated, modified, improved or used in a manner contrary to Seller’s instructions, or due to failure to follow Seller’s instructions for operation and maintenance; or
(d) has been subjected to abnormal or unusual physical or electrical stress or environmental conditions.
Warranty/Defects. 15.1. Unless otherwise agreed in writing by the Parties, Seller warrants to the Buyer that the Products shall be free from defects in material and workmanship (“Defects”), under normal use, for a maximum period of twelve (12) months (“Warranty”) from the date of delivery for such Products. Seller shall, subject to the provisions of these Terms and for the duration of the Warranty, remedy any material Defect in the Products resulting from faulty material or workmanship which impairs the functioning of the relevant Products.
15.2. This limited Warranty shall not apply to any Product or component thereof which:
(a) has been repaired or altered outside of Seller’s factory in any manner so as, in Seller’s sole judgment, to affect its serviceability;
(b) has been subject to alteration, accident, misuse, abuse, neglect or abnormal wear;
(c) has been installed, operated, modified, improved or used in a manner contrary to Seller’s instructions, or due to failure to follow Seller’s instructions for operation and maintenance; or
(d) has been subjected to abnormal or unusual physical or electrical stress or environmental conditions.
Warranty/Defects. 17.1. The Contractor shall assume warranty of title and quality according to the statutory provisions. The Contractor shall warrant for itself, its subcontractors and suppliers careful and proper execution of the order, in particular compliance with the technical data, specifications and other design specifications of Frequentis according to the state-of-the-art as well as quality and usefulness of the deliveries with respect to quantity, material, design and workmanship and of the documents pertaining to the delivery (such as, e.g., documentation, drawings). The Contractor warrants full execution free of defects as per the purchase order or delivery and compliance with all relevant statutory and official requirements at the place of destination and for the sales markets advised by Frequentis. The Contractor warrants that services shall be provided in a good and workmanlike manner.
17.2. Frequentis shall not be obliged to inspect the deliveries and services of the Contractor or notify any defects immediately after delivery. Frequentis shall not be obliged to carry out any additional qualifying examination beyond a sight and identity check.
17.3. If the deliveries and services of the Contractor are mainly to be forwarded to a third party without any changes, there shall be no obligation to carry out random tests. Frequentis's obligation to examine and notify defects shall in any case be fulfilled if Frequentis forwards any notices of defects it may receive from its customers to the Contractor immediately and not later than within 14 days of receipt.
17.4. The warranty period shall be 24 months from the time of complete delivery or from the day on which the acceptance report is signed. The Contractor shall be obliged to repair any and all defects which occur during the warranty period at his own risk and cost. In urgent cases, in particular avoid imminent risks and to prevent excessive damage, FREQUENTIS shall be entitled to repair itself the defects identified at the Contractor's cost. Signatures on delivery notes or return slips and payments shall constitute no acknowledgment of completeness or correctness of the delivery.
17.5. Due to a notice of defects the warranty period shall be interrupted until full repair of such defects and payment periods shall be interrupted unless a longer period has been agreed on a case-by-case basis.
17.6. Defective parts shall be returned by Frequentis to the Contractor's registered office. The parts which have been repaire...
