Warranty for defects Sample Clauses

Warranty for defects. 10.1 Unless subsequently otherwise stipulated, statutory provisions apply for the rights if the goods have material defects and defective titles, or if there are other breaches of duty by the supplier. Figure 13 applies for statutory limitation. 10.2 The relevant location of the supplier’s supplies and services is the place of fulfilment for the supplier’s subsequent performance obligations. 10.3 The product descriptions that are subject of the relevant agreement, particularly by way of designation or reference in the purchaser's order confirmation, are taken to constitute the agreement on the quality of the goods It makes no difference here whether the product description comes from the purchaser, from the supplier or from a third-party manufacture 10.4 In contrast with Section 442 (1) Sentence 2 BGB, the purchaser is also entitled to warranty claims if the purchaser remained unaware of the deficiency upon conclusion of the contract due to gross negligence. 10.5 The statutory provisions apply for the obligation of examination and notification of defects pursuant to Section 377 HGB with the following stipulation: The obligation of examination is limited to defects that openly surface during the purchaser’s reception inspection under external appraisal by way of spot-checks. If formal approval / acceptance of work has been agreed, there is no obligation of examination. In addition, the extent to which the purchaser’s business normally conducts examinations according to the particular circumstances in individual cases is decisive. The statutory obligation of notification of defects for faults discovered subsequently is not affected. The objection is considered to have been issued on time and without delay if it is received by the supplier within 10 working days from the discovery of the fault. 10.6 The supplier will also bear the costs incurred for the inspection and rectification (including any dismantling and installation costs) if it is discovered that there was in fact no fault. Where requests to rectify defects are unjustified, the purchaser shall only be liable for compensation if the purchaser had positively recognised, or failed to recognise through gross negligence, that there was not in fact any fault. 10.7 If the supplier does not meet his supplementary performance obligation within a legally appropriate period set by the purchaser, the purchaser is entitled to rectify the fault himself and to demand an adequate advance payment and the refunding o...

Warranty for defects. 4.1 If the goods are defective, the buyer shall be entitled to the statutory warranty rights without restriction. 4.2 The buyer's rights due to defects shall become statute-barred after three years. The limitation period shall commence upon delivery of the contract goods. The statutory limitation provisions in the case of supplier recourse pursuant to §445b BGB shall remain unaffected.

Warranty for defects. 1. Any and all information and data relating to the specifi- cation of the goods or a sample of the goods shall not be deemed to warrant that particular quality, unless we have expressly confirmed in our order confirmation certain characteristics of the goods as warranted qualities. Above all any information and data in advertising documents shall not be regarded as warranted qualities. 2. The Customer has the obligation to inspect the goods upon delivery with due care. Defects have to be claimed in writing by the Customer immediately after such inspection. Should the Customer, in spite of the foregoing, not inspect the goods, then the goods shall be considered to have been approved, if the defect could have been detected after inspection. 3. The warranty period shall be one year starting with the delivery of the goods to the Customer. 4. We shall comply with our warranty obligation either by providing Customer with substitute goods or by granting an appropriate price reduction. The Customer expressly waives any additional rights, such as the right to cancel the contract or the right to claim damages. 5. Our warranty shall lapse if the Customer or third parties have made unauthorized changes of the goods, in case there has been improper use, if the defect is due to natural wear and tear or to an unsuitable choice of product placement. 6. If Xxxxxxx receives drawings, plans or other instructions regarding the production of the goods by the Customer, those instructions are deemed to be correct. Plaston is not obliged to examine the correctness of such instructions and shall therefore not be liable for faulty or wrong instructions.

Warranty for defects. 9.1. Subject to special agreements, such as for used or exhibition machines, parts, etc., XXXXXX shall, at its own discretion, repair free of charge or replace with a faultless part machines/parts that turn out to be unusable or significantly impaired in their usability as a result of a circumstance that occurred prior to the transfer of risk, in particular due to faulty design, faulty material or faulty workmanship Defects must be reported immediately in writing. Replaced parts become XXXXXX property. 9.2. The ordering party shall give XXXXXX the necessary time and opportunity to carry out necessary repairs / replacement deliveries; otherwise XXXXXX shall be released from liability for the consequences arising therefrom. 9.3. If the complaint is justified, XXXXXX will correct the defects at its discretion by free repair or replacement de- livery. 9.4. If the supplementary performance fails, after the 2nd attempt of correction or supplementary performance, the customer is entitled, at his discretion, to demand withdrawal or reduction All further claims - for whatever legal reasons - are excluded. 9.5. XXXXXX is not liable for damage that has not occurred to the delivery item itself; in particular not for loss of production, interruption of operations, the costs of any recall campaign, reduced earnings or other financial losses of the customer 9.6. Otherwise XXXXXX takes over the costs of the replacement part including shipping, the costs of removal and installation including travel costs, as far as reasonable. 9.7. In the case of only insignificant defects, the ordering party shall only be entitled to reduce the purchase price. The right to reduction of the purchase price shall otherwise be excluded. 9.8. XXXXXX shall not be liable for unsuitable / improper use, faulty assembly or commissioning, natural use, tear, faulty or negligent use, improper maintenance, use of unsuitable equipment or replacement materials, improper storage, chemical, electrochemical or electrical influences. The same applies to changes to the delivery item made without prior written consent. 9.9. The warranty ends twelve months after delivery of the delivery item to the customer, unless the customer has resold the unused delivery item. In this case, the purchaser must send XXXXXX the fully completed and signed handover declaration immediately after handover of the delivery item to his buyer. The warranty then expires twelve months after the date stated in the handover declaration; b...

Warranty for defects. (1) A precondition of the warranty rights of the customer who is a businessman – also in case of contracts for work and services – is that he inspects the delivery item and duly gives notice of defects pursuant to §§ 377, 378 of the German Commercial Code (HGB). Notices of defects shall be given in writing and specify the defect. (2) If the customer is not a businessman, he shall notify us of any defects known to him in writing within two weeks of obtaining knowledge there- of, otherwise his warranty rights shall expire. (3) Weights, measurements and technical data contained in drawings, prospectuses, illustrations and other documents shall not be binding and, in particular, shall not constitute any warranted characteristics, unless otherwise expressly agreed in writing. (4) If an object of purchase has a defect for which we are responsible, we shall be entitled, at our option, to remedy the defect or to effect a substitute delivery. (5) If we are not prepared or not in a position to remedy the defect or to effect a substitute delivery, in particular if this is delayed longer than is reasona- ble for reasons for which we are responsible, or the remedying of de- fects/substitute delivery otherwise fails, the customer shall be entitled, at his option, to demand a rescission of the contract or an appropriate reduction in the price. (6) Moreover, the customer may assert claims for non-performance pursuant to § 635 BGB (contracts for work and services) only if the work has a substantial defect for which we are responsible and its fitness for use is im- paired thereby not just insignificantly, of if the defect is based on an infringe- ment of the recognized rules of technology. In this case too, we shall not be liable for damage that was not caused to the work itself, in particular for lost profit or other pecuniary losses of the customer, subject to the following provi- sions. (7) Unless the provisions laid down below otherwise require, more extensive claims of the customer – on whatever legal grounds – shall be ex- cluded. For this reason, we shall not be liable for damage not caused to the delivery item; in particular, we shall not be liable for lost profit and other pecuni- ary losses of the customer. (8) The above exemption from liability shall not apply to the extent that the damage was caused by intent or through gross negligence or a faulty breach of material contractual duties. It shall further not apply if the customer asserts damage claims owing to th...

Warranty for defects. (1) Licensor warrants that the software provided by it is substantially in accordance with the product description. There can be no claim under this warranty in the case of minor or immaterial deviations from the agreed or assumed characteristics nor in the case of just slight impairment of use. Product descriptions shall not be deemed guaranteed unless separately agreed in writing. In respect of updates, upgrades and the delivery of new versions, the warranty shall be limited to the new features of the update, upgrade or new version compared to the previous version release. (2) If Licensee demands replacement performance because of a defect, Licensor has the right to choose between the improvement, replacement delivery or replacement of services. If the defect is not cured within a first time limit and Licensee has set Licensor a reasonable second time limit without success or if a reasonable number of attempts to remedy, replacement deliveries or replacement services are unsuccessful, then Licensee may, subject to the statutory prerequisites, at its option withdraw from this Agreement or reduce the price and claim damages or reimbursement of costs. The remedying of the defect may also take place through the delivery or installation of a new program version or a work-around. If the defect does not or not substantially impair the functionality, then Licensor is entitled, to the exclusion of further warranty rights, to remedy the defect by delivering a new version or an update as part of its version, update and upgrade planning. (3) Defects must be notified in writing with a comprehensible description of the error symptoms, as far as possible evidenced by written recordings, hard copies or other documents demonstrating the defects. The notification of the defect should enable the reproduction of the error. This shall not affect the statutory obligation of Licensee to inspect and notify defects. (4) The warranty is limited to 12 months and shall begin on the date of delivery of the first copies of the Licensed Products including user manuals. In respect of the delivery of updates, upgrades and new versions, the warranty period for such deliverables shall in each case begin on the date of delivery. (5) Licensee shall inspect the delivered items without delay for any transport damage and other apparent defects preserve the appropriate evidence and assign any claims for recourse to Licensor while handing over the documents. (6) Any claims for damages are subjec...

Warranty for defects. 1. The Contractor provides the Ordering Party with a warranty for defects in the Subject matter of the Agreement for the period of 24 months counted from the date of signing by the parties of the Partial Acceptance Protocol of the Subject matter of the Agreement in the scope of Stage 2. 2. All rights of the Ordering Party under the warranty are irrespective of the rights of the Ordering Party on account of the granted guarantee. If the Ordering Party does not indicate which rights it uses, it is considered to be exercising its rights under the warranty. 3. In the event of becoming aware of the existence of a defect, the Ordering Party shall report the existence of the defect by e-mail to the e-mail address: or phone: ……………. 4. As part of the Agreement, the Contractor shall ensure that he will start repairing the reported defects at the site of failure no later than hours (the so-called reaction time) from the notification referred to in sec. 3 of this paragraph. 5. In the notification of the defect, the Ordering Party calls on the Contractor to remove the defect within 24 hours. The parties may jointly set a different time for removing the defect, in particular if the time for removing the defect within the above-mentioned deadline is impossible due to the scope of the work to be performed, the availability of materials or the availability of the place of work. However, each time an extended deadline for removing a defect requires the consent of the Ordering Party. 6. If the Ordering Party has demanded the removal of the defect, indicating the deadline for its removal, and the Contractor has not responded to this request within hours, it is considered that the request was considered justified. 7. In the event of the Contractor's refusal to remove the defect or in the event of its ineffective removal, the Ordering Party, regardless of the degree of severity of the defect, may, at its own discretion: a) charge the Contractor with a contractual penalty in accordance with the provisions of the Agreement, calculated as for delay in removing the defect, or b) reduce the Contractor's remuneration by the amount corresponding to the value of the Subject matter of the Agreement with a defect to the value of the Subject matter of the Agreement without a defect, or c) order the removal of the defect to another entity at the expense and risk of the Contractor. 8. All costs related to the Contractor's service of the warranty period shall be borne by the Contractor. 9. T...

Warranty for defects. Leica represents to Customer that each of the Good conforms to its written warranty set forth in its user manual in effect on the date of delivery, or, if there is no express warranty therein, that each of the goods will be free from defects in material and workmanship and will conform to the manufacturer’s quoted specifications for twelve (12) months from delivery. This representation does not extend to consumable items such as, without limitation, batteries and light bulbs. Leica represents that it will perform all Services in accordance with its standard practices and that the Services will be free from defects in workmanship for a period of ninety (90) days from their date of performance. If Leica breaches this warranty and the Customer notifies Leica of such breach prior to the end of the applicable warranty period, Leica will, at its option, either replace or repair the nonconforming goods, or re-perform any nonconforming Services, or refund the amounts paid by Customer to Leica for the nonconforming goods and/or Services. Leica shall be granted not less than two attempts.

Warranty for defects. (a) The Subcontractor warrants that it will within a reasonable time make good any Defects in the Works in the Defects Liability Period at the Subcontractor's expense. (b) If there are any such Defects then the Contractor will give the Subcontractor written notice to make good such Defects as soon as possible and will give the Subcontractor access for that purpose, and with all other terms of this Contract to apply to the provision of those make good works. (c) This subclause 10.2 will survive any termination of the Contract.

Warranty for defects. 7.1 The Seller undertakes to remedy any defects, lack of quality or non-conformity of the Products for which he is liable, occurring within twelve months from delivery of the Products, provided such defects have been timely notified in accordance with art. 4.3. Terms of warranty are available on our website xxxx://xxxxxxx.xxxxxxx.xx/en. The Seller will have the choice between repairing or replacing the Products which have shown to be defec- tive. The Products repaired or replaced under the war- ranty will be submitted to the same guarantee for a period of six months starting from the date of repair or replacement. 7.2 The Seller does not warrant that the Products conform to special specifications or technical features or that they are suitable for particular usages except to the extent such characteristics have been expressly agreed upon in the Contract or in documents referred to for that purpose in the Contract. 7.3 Except in case of fraud or gross negligence of the Seller, the Seller's only obligation in case of defects, lack of quality or non-conformity of the Products will be that of repairing or replacing the defective Products. It is agreed that the above mentioned guarantee (i.e.: the obligation to repair or replace the Products) is in lieu of any other legal guarantee or li- ability with the exclusion of any other Seller's liability (whether contractual or non-contractual) which may anyhow arise out of or in relation with the Products supplied (e.g. compensation of damages, loss of prof- it, recall campaigns, etc.). 7.4 The products, or the parts of them to which the complaint refers, must be returned to XXXXXXX, subject to authorization by Xxxxxxx Xxxxxxxx Care, properly placed in the original XXXXXXX packaging, under penalty invalidity of the warranty of the product itself, with shipment by the Purchaser and in accordance with any special instructions that XXXXXXX may have given. The products or parts of them that will be returned must be accompanied by a note describing the defect, as well as any other information indicated or requested by XXXXXXX. Without prejudice to the provisions of this article as to the operation of the warranty, in case of sale to retailers, the warranty to end users will be recognized provided that they are able to exactly indicate the details of the sale through the corresponding transport document or invoice. 7.5 The repair of Products must necessarily be carried out at SPENCER authorized service centers. Xxxxxxx here...