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.

Appears in 2 contracts

Samples: Sales Contracts, Sales Contracts

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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.

Appears in 1 contract

Samples: Sales Contracts

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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.

Appears in 1 contract

Samples: Sales Contracts

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