Common use of Warranty for defects Clause in Contracts

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 of the necessary expenses from the supplier.

Warranty for defects. 10.1 Unless subsequently otherwise stipulated, statutory provisions apply for the rights 8.1. Goods shall be deemed defective 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 a deviation 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 identified in the purchaser's order confirmationquality, are taken to constitute the agreement on the quality range and implementation of the goods It makes no difference here whether stipulated in the product description comes from Purchase Order, generally binding technical standards and regulations. 8.2. The warranty period is 12 months, unless otherwise agreed by the purchaserParties, from commencing on the supplier or from a third-party manufactureday of the fulfilment of the Seller’s obligations to supply the goods. The warranty pursuant to these provisions does not apply to the obvious defects of the goods that the Buyer could detect on the basis of an inspection of the goods immediately on acceptance, defects which originate in the wear and tear of the goods caused by their proper, regular usage, and to defects caused by the unauthorized use of the goods in conflict with the proper method of use. 10.4 In contrast 8.3. If defects covered by the Provider’s warranty occur with Section 442 (1) Sentence 2 BGBthe goods in the warranty period, the purchaser is also entitled to warranty claims if Buyer shall claim such defects with the purchaser remained unaware Seller, without undue delay, upon their discovery, no later than by the end of the deficiency upon conclusion warranty period. The Buyer shall claim obvious defects to the goods with the Seller within 10 days of the contract due acceptance of such goods. The Buyer is obliged to gross negligenceclaim the defective goods with the Seller in writing; a description must be given about how the symptoms of the defects concerned. Until a complaint regarding the defective goods is settled, the Buyer cannot handle the goods in such a way that may affect or prevent the verification of the claimed defects or that would deteriorate the condition of the defective goods. 10.5 8.4. If a complaint regarding the defective goods is accepted as justified, the Seller may either rectify the defect within the respective deadline or deliver new goods under the same conditions as the original goods, at the Seller’s discretion. Upon agreement with the Buyer, complaints may also be resolved by providing a fair discount off the price of the goods. 8.5. The statutory provisions apply for the obligation settlement of examination and notification of defects a complaint pursuant to Section 377 HGB with Article 8.4 shall also constitute 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 settlement of the faultBuyer’s right to claim damages, if any; the Buyer is subsequently not authorized to claim such damages against the Seller. 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 of the necessary expenses from the supplier.