Warranty for Material Defects Sample Clauses

Warranty for Material Defects. 8.1 The Deliveries must comply in every respect with the contractually agreed quality, including but not limited to, the technical specifications, the product and envi- ronmental protection laws, the relevant safety regula- tions, ordinances and regulations of authorities and professional associations, and the latest state-of-the- art of science and technology; furthermore, the type and quality must be of high quality and must be suita- ble for the use stipulated in the contract, but at least for the common use. 8.2 If the Deliveries have a material defect, the Purchaser shall be entitled to the full scope of statutory warranty claims and rights. In particular, the Purchaser shall be entitled, at the Purchaser's option, to request from the Supplier either the remedy of defects or the delivery of a product free of defects within a reasonable period of time. 8.3 Any release of product samples, drawings or other technical documents declared by the Purchaser shall not affect the Purchaser's warranty rights. 8.4 If the Purchaser is legally obliged to examine the Deliv- eries and to give notice of defects (Sec. 377 German Commercial Code - Handelsgesetzbuch - "HGB"), this obligation is limited to externally visible damages and deviations in identity and quantity as well as to other obvious defects. The Purchaser shall notify the Supplier of obvious defects within one week after delivery, and of any other defects within one week after their dis- covery. There are no further obligations to examine or give notice of defects. 8.5 Place of supplementary performance is the location of the respective Deliveries.
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Warranty for Material Defects. 1. The product description defines the quality and design of the products or the implementation in the case of an agreed product sample, which the supplier at his discretion shall submit to the customer for evaluation. Apart from that No. XII clause 1 applies. Any reference to technical standards is an aid to define product quality and is not to be interpreted as a definition of product integrity. The usual industry standard tolerances apply. In the absence of a written agreement, the production shall be executed with standard industry materials and according to agreed, and in the absence of an agreement, according to generally accepted production processes. Minor variations from the original in the reproduction of colour do not constitute a defect; this also applies to variations in the final proof and the print run. 2. The supplier, after advising the customer beyond his contractual obligation, is liable to warrant the functionality and suitability of the supplied goods only after expressed prior assurance. 3. Defects are to be notified in writing without delay. Hidden defects are to be notified immediately after discovery. In either case the warranty only extends to twelve months after risk transfer, unless agreed to differently. 4. If defects are proven the supplier is obliged to make good (at his discretion either by rectifying or replacing the faulty product). The customer is entitled to reduce the purchase price or rescind the contract, if the supplier does not fulfil his obligation to replace goods within a reasonable period, or after replacements fail repeatedly. Further claims, especially reimbursement of incurred costs or compensation and damages due to the faults are covered under warranty liability limitations according to No. VIII. Replaced parts are to be returned to the supplier at his request and cost. 5. Unauthorized re-working and improper handling of parts result in the loss of any right to claim compensation for to defective parts. The customer is entitled, after prior consultation with the supplier, to repair defective parts to avoid excessive damage or if the supplier fails to make good the defects, and as a consequence to demand reimbursement of appropriate costs. 6. Normal wear and tear caused by normal usage does not provide the right to make warranty claims. 7. A right to referred warranty provision according to §§ 478, 479 BGB (Common Law Code) exists only to the extent of a rightful claim by the consumer and to the limit of sta...
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Warranty for Material Defects. 8.1 The Deliveries must comply in every respect with the contractually agreed quality, including but not limited to, the technical specifications, the product and envi- ronmental protection laws, the relevant safety regula- tions, ordinances and regulations of authorities and professional associations, and the latest state-of-the- art of science and technology; furthermore, the type and quality must be of high quality and must be suitable for the use stipulated in the contract, but at least for the common use. 8.2 If the Deliveries have a material defect, the Purchaser shall be entitled to the full scope of statutory warranty claims and rights. In particular, the Purchaser shall be entitled, at the Purchaser's option, to request from the Supplier either the remedy of defects or the delivery of a product free of defects within a reasonable period of time. 8.3 Any release of product samples, drawings or other technical documents declared by the Purchaser shall not affect the Purchaser's warranty rights. 8.4 If the Purchaser is legally obliged to examine the De- liveries and to give notice of defects (Sec. 377 German Commercial Code - Handelsgesetzbuch - "HGB"), this obligation is limited to externally visible damages and deviations in identity and quantity as well as to other obvious defects. The Purchaser shall notify the Sup- plier of obvious defects within one week after delivery, and of any other defects within one week after their dis- covery. There are no further obligations to examine or give notice of defects. 8.5 Place of supplementary performance is the location of the respective Deliveries.
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Warranty for Material Defects. 10.1 Insofar as Deliveries show a material defect at the time of transfer of risk, the Supplier shall be liable to the Purchaser within the limitation period in accord- ance with this Section 10. 10.2 Unless expressly agreed otherwise, the Deliveries must exclusively comply with the applicable regula- tions and standards at the Supplier's registered of- fice. 10.3 The Purchaser shall be obliged to carefully inspect the Deliveries immediately after their handover – but at least prior to their resale or any further instigation (such as processing, assembly, etc.) – and shall, in- sofar as a material defect becomes apparent, notify the Supplier thereof without delay in writing; if the Purchaser does not carry out an adequate inspection or does not notify the Supplier of a recognized defect without delay, the Supplies shall be deemed to have been approved. 10.4 In the event of a material defect, the Supplier shall, at the written request of the Purchaser, either repair or replace the Deliveries within a reasonable period of grace at the Supplier's option (hereinafter referred to as "Supplementary Performance"). If the defect is limited to a definable part of the delivery, the Supple- mentary Performance shall be carried out by the subsequent delivery of such a product free of de- fects. If the Supplier replaces a defective delivery by subsequent delivery of a product free of defects, the replaced parts shall become the property of the Sup- plier, unless the Supplier expressly waives this right. Without limiting the Supplier's statutory rights, the Supplier shall, in any case, be entitled to refuse Sup- plementary Performance within the meaning of Sec. 439 (4) BGB, if the costs of subsequent performance (Sec. 439 (2) and (3) BGB) exceed 120 % of the agreed net price of the delivery. 10.5 The Supplier shall be given reasonable time and op- portunity to provide Supplementary Performance. If the Supplementary Performance does not take place within a reasonable period set by the Purchaser or if the Supplementary Performance fails, the Purchaser may, under the statutory conditions, either • reduce the price • or withdraw from the contract. Even in the event of seller recourse, the Purchaser is obliged, in deviation from Sec. 445a (2) BGB to allow the Supplier the opportunity for a Supplemen- tary Performance within the period set by the Pur- chaser's respective customer. The setting of a dead- line is only dispensable if setting a deadline in ac- cordance with Sec. ...
Sample 1
Warranty for Material Defects. The Supplier shall be liable for material defects pursuant to the applicable legal provisions, in particular Sections 434 ff. of the German Civil Code (BGB). With respect towards entrepreneurs, the warranty period for items delivered by the Supplier shall be 12 months.
Sample 1

Related to Warranty for Material Defects

  • Manufacturer’s Warranty The Goods include the manufacturer’s standard limited parts warranty to replace defective parts covered under such warranty exclusive of labor. Labor is warranted by the Elevator Contractor for 90 days following installation. The manufacturer’s parts warranty may require that the Goods be maintained throughout the warranty period by an authorized manufacturer’s representative under a separate maintenance contract. Any warranty is conditioned on written notice to the Elevator Contractor within warranty period and contingent upon receipt of final payment to Elevator Contractor.

  • Liability for defects 5.1 The Customer is required to inspect the delivered Products without undue delay after delivery and to report any defects. 5.2 The delivered Products are deemed to have been approved if XXXX, with regard to obvious defects, obvious shortages or other defects which were or would have been identifiable in the course of an immediate, careful inspection, has not received notifi- cation of the defect within 7 days of delivery of the product, or otherwise – in the case of unclear or hidden defects – within 7 days of the discovery of the defect or the time at which the defect was identifiable to the Customer in the course of normal use of the Product without closer inspection. 5.3 In the event of a justified complaint, the Customer will be entitled to two attempts to rectify defects or make a replacement delivery at XXXX'x discretion free of charge within a reasonable period of time. Shortages will be delivered subsequently. If two attempts to rectify defects or make a replacement delivery within a reasonable period of time are unsuccessful, the Customer will be entitled to the statutory rights, subject to the provisions of clause 7. Subsequent performance will include neither removal of the defective item nor reassembly if XXXX was not originally required to carry out assembly. The expenses required for the purpose of inspection and subsequent performance, in particular transport, travel, labour and material costs (not: removal and assembly costs), insofar as these are not increased because the subject matter of the contract is located at a place other than our Customer's place of performance, will be borne by XXXX if there is actually a defect. Otherwise, XXXX may demand compensation from the Customer for the costs incurred by the unjustified request for rectification of the defect (in particular inspection and transport costs), unless the lack of defectiveness was not identifiable for the Customer. XXXX can refuse to rectify defects or make a replacement delivery if the Customer does not fulfil its payment obligations towards XXXX to an extent that corresponds to the defect-free part of the service provided. 5.4 No warranty will be assumed, in particular, in the following cases: Unsuitable or in- correct use by the Customer or by third parties instructed by the Customer, in particular through the use of insufficiently qualified personnel, faulty assembly or commission- ing, natural wear and tear (wearing parts), faulty or negligent handling, improper maintenance, unsuitable operating materials, defective construction work, unsuitable construction land, chemical, electrochemical or electrical influences, provided XXXX is not responsible for these circumstances. 5.5 XXXX is also not required to provide a warranty insofar as defects of Products are based on defective materials supplied by the Customer or insofar as defects of Products are based on the fact that the Customer has prescribed the execution of the order ac- cording to construction plans of third parties. 5.6 A delivery of used Products agreed with the Customer in the individual case is made to the exclusion of any warranty, unless XXXX has caused the defect intentionally or through gross negligence or has fraudulently concealed the defect. 5.7 The warranty period will be one year from delivery or, where acceptance was stipu- lated, from acceptance. Replaced parts will become our property and must be sent to us at our request. If shipping, assembly or commissioning is delayed through no fault of our own, our liability will expire no later than twelve months after the transfer of risk. 5.8 The right of recovery in accordance with sections 445a, 445b German Civil Code (BGB) is excluded, unless XXXX has caused the defect intentionally or by gross neg- ligence or has fraudulently concealed the defect.

  • SUPPLIER’S WARRANTIES 16.1 The Supplier represents, warrants and undertakes to the Authority that: 16.1.1 the Supplier has the full right, power and authority to enter into and perform this Agreement and to grant all of the Authority Rights to the Authority and for the Authority to use and exploit the same as contemplated in this Agreement; 16.1.2 all information, representations, warranties and other matters of fact contained in the Supplier’s tender submission as part of the competitive tender process referred to in the recitals to this Agreement are true, complete and accurate in all respects and the Supplier agrees to be bound by the obligations and statements made in such tender submission as if the same were set out in this Agreement, save where there is any inconsistency between the terms of this Agreement and such tender submission the terms of this Agreement shall prevail; 16.1.3 save in respect of any Third Party Content, no Deliverable has and no Deliverable will have been broadcast, released or otherwise exploited in any Broadcast Media anywhere in the world prior to the relevant Delivery Date; 16.1.4 there is no contract or arrangement to which the Supplier is a party and the Supplier will not enter into any contract or arrangement and there is and will be no other encumbrance or restriction which could in any way interfere with or inhibit the full exercise or exploitation of any and all of the Authority Rights by the Authority; 16.1.5 the Supplier has paid and shall promptly pay all sums due to any person who is or may be entitled to any payment in respect of services or facilities rendered or goods supplied or rights granted in connection with the Deliverables or on the exercise by the Authority of any of the Authority Rights or in respect of any tax, duty, levy, national insurance or any similar payment in connection with the Deliverables required to be made by the Supplier; 16.1.6 the Supplier will have, by and as at the relevant Delivery Date, obtained all necessary consents, grants, clearances and rights (including any rights in musical compositions contained within the Deliverables (if any) which are controlled by the Performing Right Society or its affiliated bodies) to enable it to produce and deliver the Deliverables and to grant to and enable the Authority to exercise the Authority Rights free from any liens, claims and encumbrances; 16.1.7 to the extent any musical compositions are contained in the Deliverables: 16.1.7.1 all recording synchronisation and dubbing licences have been obtained and licence fees have been paid; and 16.1.7.2 the performing rights in such compositions shall throughout the Term be controlled (i) by the Performing Right Society or its affiliated bodies; or (ii) by the Supplier; or (iii) are in the public domain, in all cases to the extent required for the purposes of the Authority's full exercise of its rights as contemplated by this Agreement; 16.1.8 no claim or litigation is pending or threatened in respect of the Deliverables or any the Authority Rights; 16.1.9 the Deliverables will be produced in accordance with all Laws (including with respect to health and safety); 16.1.10 the Deliverables will be free from all Viruses; 16.1.11 the Deliverables will not contain anything which is in contravention of the Codes and Guidelines or any Laws or which is obscene, blasphemous, seditious, racially inflammatory, defamatory or which infringes the rights of any person, including rights of copyright or trade marks or service marks, privacy, publicity or confidentiality or any other civil or common law or statutory right whatsoever or breaches any contract or is in contempt of court; 16.1.12 the Supplier has not entered and will not enter into any co-production, co-financing, pre-sale or other arrangement or agreement which involves the surrender by the Supplier of any control of the Deliverables; 16.1.13 all information, records and data provided to the Authority and with respect to the Deliverables and the production process will be accurate in all respects, full and up to date; 16.1.14 the Supplier is not insolvent nor unable to pay its debts as they fall due and no steps have been taken with a view to the winding-up or administration of the Supplier or the making of any composition or arrangement with any creditors of the Supplier; and 16.1.15 the Supplier will not at any time do or say anything which is or may be considered by the Authority (acting reasonably) to be detrimental or prejudicial to or to affect adversely the name, image, reputation or business of the Authority or otherwise to bring the Authority or any member of the Authority Group into disrepute. 16.2 The Supplier's warranties shall be deemed repeated on each Delivery Date (or, if any Deliverables are delivered to the Authority after the scheduled Delivery Date and the Authority has not exercised any right under this Agreement to treat such delay as an Event of Default under clause 27.1, within ten Working Days of the date of actual delivery) and on every occasion when the Authority exercises its Authority Rights.

  • Manufacturer’s Warranties If a Lease Vehicle is covered by a Manufacturer’s warranty, the Lessee, during the Vehicle Term for such Lease Vehicle, shall have the right to make any claims under such warranty that the Lessor could make.

  • Latent Defects Notwithstanding anything to the contrary set forth herein, no acceptance, or deemed acceptance, by City pursuant to this Section shall be applicable with respect to any Latent Defects. An acceptance, or deemed acceptance, by City pursuant to this Section shall not mean that City has accepted, or the other party has been relieved of, responsibility for: (i) compliance with the Laws; (ii) the proper application of construction means or methods; or (iii) correcting any portion of the Project if it later is determined that any portion of the Project is inconsistent with the Final Documents and Drawings.

  • Product Warranty Seller provides general warranties of fitness and general warranties that the goods are free from defects, for 1 year from acceptance of the goods, except as may otherwise be set forth in the Description/Proposal, or other attached warranty.

  • Customer Warranty Customer’s and its End Users’ use of the Services must always comply with all applicable Laws and this Agreement.

  • Workmanship Warranty Contract warrants that all components or deliverables specified and furnished by or through Contractor under the Project Definition/Work Order meet the completion criteria set forth in the Project Definition/Work Order and any subsequent statement(s) of work, and that services will be provided in a workmanlike manner in accordance with industry standards.

  • Virus Warranty The Contractor represents and warrants that Licensed Software contains no known viruses. Contractor is not responsible for viruses introduced at Licensee’s site.

  • Quality of Materials and workmanship The Contractor shall ensure that the Construction, Materials and workmanship are in accordance with the requirements specified in this Agreement, Specifications and Standards and Good Industry Practice.

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