Common use of Warranty for defects Clause in Contracts

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; but latest 24 month after delivery to the purch- aser.

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 therefromthere- from. 9.3. If the complaint is justified, XXXXXX will correct the defects at its discretion by free repair or replacement de- liverydeliv- ery. 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; but latest 24 month after delivery to the purch- aserpur- chaser.

Warranty for defects. 9.1The Customer shall examine the state of the goods as soon as possible and any claims shall be notified in writing within 21 days from the delivery of the goods in accordance with article 6 hereof. Subject In his claim, the Customer shall expressly indicate the batch number of the defective goods and the type of defect found with supporting photographic documentation. On request by FMM, the Customer undertakes to special agreementsreturn the defective goods to FMM, such as for used or exhibition machineson pain of forfeiture of the warranty. Once this time limit has elapsed, partsno further complaints will be accepted. If FMM deems the claim to be grounded, etc.made in due form and within the prescribed time limits, XXXXXX shallFMM undertakes, at its own discretionchoice, to repair or replace the goods free of charge or replace to credit to the Customer the lesser value of the goods. The goods partially or totally replaced become the property of FMM. The period of warranty is 12 months and starts with the delivery of the goods. For replaced and repaired parts, a faultless part machinesnew period of warranty of 12 months starts running from the delivery of the repaired/replaced goods. The delivery is made ex works in accordance with article 6 hereof. Any damage due to normal wear and tear and the use of non-original spare parts that turn out not supplied by FMM, the use of accessories of third parties not considered to be unusable or significantly impaired in their usability as a result of a circumstance that occurred prior to the transfer of riskappropriate by FMM, in particular due to faulty designinsufficient maintenance, 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 non-observance of the customer 9.6. Otherwise XXXXXX takes over the costs of the replacement part including shippingoperating instructions, 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 incorrect use, faulty assembly or commissioning, natural excessive use, tear, faulty or negligent use, improper maintenance, use of unsuitable equipment or replacement inappropriate materials, improper storagechemical or electrolytic influences, chemicalcorrosion, electrochemical incorrectly performed assembly of the goods or electrical influencesmodifications of the product made by the Customer or third parties are excluded from the warranty. The same applies Further FMM excludes its warranty for products manufactured by using materials developed by the customer or third parties and for which i) the technical specification were not provided in writing to changes FMM and ii) the materials were not subject to the delivery item made without prior written consent. 9.9quality and inspection parameters defined by FMM. The warranty ends twelve months after delivery Any other claim for defective supplies, such as rescission of the delivery item to the customerContract or indemnification of damage of any kind, unless the customer has resold the unused delivery item. In this casein particular, 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; but latest 24 month after delivery to the purch- asernot limited to, direct and/or indirect damage, is excluded.

Warranty for defects. 9.1. Subject to special agreements, such as for used or exhibition machines, parts, etc., XXXXXX RICON 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 RICON property. 9.2. The ordering party shall give XXXXXX RICON the necessary time and opportunity to carry out necessary repairs / replacement re- placement deliveries; otherwise XXXXXX RICON shall be released from liability for the consequences arising therefrom. 9.3. If the complaint is justified, XXXXXX RICON will correct the defects at its discretion by free repair or replacement de- liverydelivery. 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 RICON 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 RICON 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 RICON 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 RICON 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; but latest 24 month after delivery to the purch- aser.