Common use of Warranty for defects Clause in Contracts

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.

Appears in 2 contracts

Samples: General Terms and Conditions of Sale, General Terms and Conditions of Sale

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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 XXXXXX receives drawings, plans or other instructions regarding the production of the goods by the Customer, those instructions are deemed to be correct. Plaston BONECO is not obliged to examine the correctness of such instructions and shall therefore not be liable for faulty or wrong instructions.

Appears in 2 contracts

Samples: General Terms and Conditions of Sale, General Terms and Conditions of Sale

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