Common use of Warranty for Quality Clause in Contracts

Warranty for Quality. 8.1 The Seller declares that the delivered device will be brand new, not used, not damaged and its quality will comply with the requirements stipulated by this contract and by legal regulations. The Seller shall prove the origin of the subject of purchase at the Buyer’s request. The Seller is also responsible for the delivered device not to be encumbered with any rights of third parties, especially rights arising from industrial or other intellectual property. 8.2 The Seller shall provide a warranty for quality, i.e. the undertaking that the supplied equipment will be fit to be used for the purpose described in the tender documentation for the period of the warranty and that it will maintain the required properties for this entire period. The warranty period is 12 months. If a warranty claim will be addressed by a repair of the subject of the purchase, the Buyer undertakes to use only new, not used and original spare parts. 8.3 The warranty period begins to run on the day of the delivery of the subject of purchase to the Buyer, i.e. on the day the handover protocol is signed by the Buyer. 8.4 If the subject of performance has any defects the Buyer is entitled to: a) request the elimination of the defects by the supply of a new subject of purchase without defects, if this is not inadequate given the nature of the defect, or by the supply of the missing part of the subject of purchase, b) request the elimination of the defects by repairing the subject of purchase, c) request an adequate discount from the purchase price, or d) cancel the contract. 8.5 Under all circumstances the Buyer has the discretion to choose from the entitlements specified in par. 8.4 of this article. However, the Buyer shall notify the Seller of their choice in a written notification of defects sent to the Seller or without undue delay after this notification. Provisions of Article 2110 of the Civil Code shall not be used. 8.6 The Seller shall always eliminate defects in the subject of purchase without delay, however at the latest with the period of 60 work days after they are claimed. All costs relating to the elimination of defects shall be borne by the Seller. If the Seller does not eliminate the defects, the Buyer is entitled to secure the elimination of defects via a third person at the Seller’s expense and the Seller shall refund the costs to the Buyer within 15 days after they are claimed by the Buyer in writing. 8.7 The Seller is not responsible for defects in the subject of purchase occurring because of common wear and tear, unprofessional use and handling of the subject of purchase or the use of the subject of purchase for other purposes than the intended ones. 8.8 The seller must provide at the request of the Buyer post-warranty service for a period of at least 2 years.

Appears in 4 contracts

Samples: Purchase Contract, Purchase Contract, Purchase Contract

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Warranty for Quality. 8.1 The Seller declares that the delivered device will be brand new, not used, not damaged and its quality will comply with the requirements stipulated by this contract and by legal regulations. The Seller shall prove the origin of the subject of purchase at the Buyer’s request. The Seller is also responsible for the delivered device not to be encumbered with any rights of third parties, especially rights arising from industrial or other intellectual property. 8.2 The Seller shall provide a warranty for quality, i.e. the undertaking that the supplied equipment will be fit to be used for the purpose described in the tender documentation for the period of the warranty and that it will maintain the required properties for this entire period. The warranty period is 12 months. If a warranty claim will be addressed by a repair of the subject of the purchase, the Buyer undertakes to use only new, not used and original spare parts. 8.3 The warranty period begins to run on the day of the delivery of the subject of purchase to the Buyer, i.e. on the day the handover protocol is signed by the Buyer. 8.4 If the subject of performance has any defects the Buyer is entitled to: a) request the elimination of the defects by the supply of a new subject of purchase without defects, if this is not inadequate given the nature of the defect, or by the supply of the missing part of the subject of purchase, b) request the elimination of the defects by repairing the subject of purchase, , c) request an adequate discount from the purchase price, or d) cancel the contract. 8.5 Under all circumstances the Buyer has the discretion to choose from the entitlements specified in par. 8.4 of this article. However, the Buyer shall notify the Seller of their choice in a written notification of defects sent to the Seller or without undue delay after this notification. Provisions of Article 2110 of the Civil Code shall not be used. 8.6 The Seller shall always eliminate defects in the subject of purchase without delay, however at the latest with the period of 60 work days after they are claimed. All costs relating to the elimination of defects shall be borne by the Seller. If the Seller does not eliminate the defects, the Buyer is entitled to secure the elimination of defects via a third person at the Seller’s expense and the Seller shall refund the costs to the Buyer within 15 days after they are claimed by the Buyer in writing. 8.7 The Seller is not responsible for defects in the subject of purchase occurring because of common wear and tear, unprofessional use and handling of the subject of purchase or the use of the subject of purchase for other purposes than the intended ones. 8.8 The seller must provide at the request of the Buyer post-warranty service for a period of at least 2 years.

Appears in 2 contracts

Samples: Purchase Contract, Purchase Contract

Warranty for Quality. 8.1 The Seller declares that the delivered device will be brand new, not used, not damaged and its quality will comply with the requirements stipulated by this contract and by legal regulations. The Seller shall prove the origin of the subject of purchase at the Buyer’s request. The Seller is also responsible for the delivered device not to be encumbered with any rights of third parties, especially rights arising from industrial or other intellectual property. 8.2 The Seller shall provide a warranty for quality, i.e. the undertaking that the supplied equipment will be fit to be used for the purpose described in the tender documentation for the period of the warranty and that it will maintain the required properties for this entire period. The warranty period is 12 months. If a warranty claim will be addressed by a repair of the subject of the purchase, the Buyer undertakes to use only new, not used and original spare parts. 8.3 The warranty period begins to run on the day of the delivery of the subject of purchase to the Buyer, i.e. on the day the handover protocol is signed by the Buyer. 8.4 If the subject of performance has any defects the Buyer is entitled to: a) request the elimination of the defects by the supply of a new subject of purchase without defects, if this is not inadequate given the nature of the defect, or by the supply of the missing part of the subject of purchase, b) request the elimination of the defects by repairing the subject of purchase, c) request an adequate discount from the purchase price, or d) cancel the contract. 8.5 Under all circumstances the Buyer has the discretion to choose from the entitlements specified in par. 8.4 of this article. However, the Buyer shall notify the Seller of their choice in a written notification of defects sent to the Seller or without undue delay after this notification. Provisions of Article 2110 of the Civil Code shall not be used. 8.6 The Seller shall always eliminate defects in the subject of purchase without delay, however at the latest with the period of 60 30 work days after they are claimed. All costs relating to the elimination of defects shall be borne by the Seller. If the Seller does not eliminate the defects, the Buyer is entitled to secure the elimination of defects via a third person at the Seller’s expense and the Seller shall refund the costs to the Buyer within 15 days after they are claimed by the Buyer in writing. 8.7 The Seller is not responsible for defects in the subject of purchase occurring because of common wear and tear, unprofessional use and handling of the subject of purchase or the use of the subject of purchase for other purposes than the intended ones. 8.8 The seller must provide at the request of the Buyer post-warranty service for a period of at least 2 years.

Appears in 1 contract

Samples: Purchase Contract

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Warranty for Quality. 8.1 The Seller declares that the delivered device will be brand new, not used, not damaged and its quality will comply with the requirements stipulated by this contract and by legal regulations. The Seller shall prove the origin of the subject of purchase at the Buyer’s request. The Seller is also responsible for the delivered device not to be encumbered with any rights of third parties, especially rights arising from industrial or other intellectual property. 8.2 The Seller shall provide a warranty for quality, i.e. the undertaking that the supplied equipment will be fit to be used for the purpose described in the tender documentation for the period of the warranty and that it will maintain the required properties for this entire period. The warranty period is 12 months. If a warranty claim will be addressed by a repair of the subject of the purchase, the Buyer undertakes to use only new, not used and original spare parts. 8.3 The warranty period begins to run on the day of the delivery of the subject of purchase to the Buyer, i.e. on the day the handover protocol is signed by the Buyer. 8.4 If the subject of performance has any defects the Buyer is entitled to: a) request the elimination of the defects by the supply of a new subject of purchase without defects, if this is not inadequate given the nature of the defect, or by the supply of the missing part of the subject of purchase, b) request the elimination of the defects by repairing the subject of purchase, c) request an adequate discount from the purchase price, or d) cancel the contract. 8.5 Under all circumstances the Buyer has the discretion to choose from the entitlements specified in par. 8.4 of this article. However, the Buyer shall notify the Seller of their choice in a written notification of defects sent to the Seller or without undue delay after this notification. Provisions of Article 2110 of the Civil Code shall not be used. 8.6 The Seller shall always eliminate defects in the subject of purchase without delay, however at the latest with the period of 60 work days after they are claimed. All costs relating to the elimination of defects shall be borne by the Seller. If the Seller does not eliminate the defects, the Buyer is entitled to secure the elimination of defects via a third person at the Seller’s expense and the Seller shall refund the costs to the Buyer within 15 days after they are claimed by the Buyer in writing. 8.7 The Seller is not responsible for defects in the subject of purchase occurring because of common wear and tear, unprofessional use and handling of the subject of purchase or the use of the subject of purchase for other purposes than the intended ones. 8.8 The seller must provide at the request of the Buyer post-warranty service for a period of at least 2 years.

Appears in 1 contract

Samples: Purchase Contract

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