Common use of Warranty for the Goods Clause in Contracts

Warranty for the Goods. 6.1. The Seller assumes warranty for the quality of the Goods. The Seller provides a 24-month guarantee for functionality and reliability of the delivered Goods from the date of delivery to the destination. 6.2. The Buyer shall claim to the Seller any requirement for removal of defects on the Goods without undue delay after their discovery, while claims received on the last day of the warranty period are deemed to be timely applied. The Buyer is obliged to notify the Seller in writing of any warranty defects at the address of the Seller’s registered office specified in the header hereof. For the purposes of the Contract, a notification made within 15 business days after the date when the Buyer found the defect is deemed to be timely made. In a written complaint, the Buyer shall describe the defect or how is the defect manifested and in which manner he seeks the defect to be removed in accordance with Section 2169 of the Civil Code. 6.3. The Seller undertakes to carry out warranty repairs free of charge within 60 calendar days after the defect is announced by the Buyer. In case of failure to comply with this deadline, the Buyer is entitled to have the defect removed by a third party at the expense of the Seller, even without prior notice. 6.4. For repairs made during the warranty period, it shall be prolonged by the time from the moment of its announcement by the Buyer to the moment the defect is duly removed by the Seller. 6.5. The Contracting Parties have expressly agreed that, when delivering new goods (or parts of goods) for defective goods in accordance with the provisions of this Article, the warranty period specified under Article 6.1 hereof shall be extended by 12 calendar months and the Buyer shall retain all the rights resulting from defective performance under this Contract and the Civil Code. 6.6. All rights associated with defective performance not stipulated under this Article shall be governed by applicable provisions of the Civil Code.

Appears in 2 contracts

Samples: Purchase Contract, Purchase Contract

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Warranty for the Goods. 6.1. The Seller assumes shall adopt the warranty for the quality goods for a period of 24 months. The warranty period shall begin on the day of supply of the Goods. The Seller provides a 24-month guarantee for functionality and reliability of the delivered Goods from the date of delivery to the destinationBuyer, i.e. on the day of signing the handover protocol by the Buyer. 6.2. The Buyer shall claim be obliged to report any and all warranty defects to the Seller any requirement for removal of defects on the Goods in writing without undue delay after their discoverydelay. Warranty repairs shall be performed by the Seller free of charge within a maximum of seven working days from the notification of the defect, while claims received or the Seller shall agree another time to eliminate the claimed defect with the Buyer. In the event of non- 6.3. In the case of repairs made during the warranty period, the warrantee period shall be extended by the time from the notification of the defect by the Buyer to its removal by the Seller, or a third party at the expense of the Seller in the sense of the last sentence of clause 6.2., herein. 6.4. Complaints may be submitted no later than the last day of the warranty period, and a complaint sent on the last day of the warranty period are deemed shall be considered to be timely appliedhave been submitted in time. 6.5. The Buyer is obliged to notify the Seller in writing of any warranty shall not cover defects at the address of the Seller’s registered office specified in the header hereof. For the purposes of the Contract, a notification made within 15 business days after the date when the Buyer found the defect is deemed to be timely made. In a written complaint, the Buyer shall describe the defect caused by improper handling or how is the defect manifested and in which manner he seeks the defect to be removed in accordance with Section 2169 of the Civil Code. 6.3. The Seller undertakes to carry out warranty repairs free of charge within 60 calendar days after the defect is announced by the Buyer. In case of failure to comply with this deadline, the Buyer is entitled to have the defect removed by a third party at the expense of the Seller, even without prior notice. 6.4. For repairs made during the warranty period, it shall be prolonged by the time from the moment of its announcement by the Buyer mechanical damage to the moment the defect is duly removed Goods, unless these defects were caused by the Seller. 6.56.6. The Buyer shall reserve the right to require the removal of the claimed defects by the supply of replacement Goods in place of defective ones instead of a warranty repair, within the period specified in Article VI. clause 6.2, herein. 6.7. In the event of such a defect to the Goods or part(s) thereof, which is irreparable and if the Seller does not have Goods of the same type and quality, the Buyer shall be entitled to partially withdraw from this Agreement, to the extent of the defective performance, and require a refund of the part of the purchase price corresponding to the price of the defective part of the performance. 7.1. This Agreement shall enter into force on the date of its signature by the authorized representatives of both Contracting Parties. This Agreement shall become effective after its publication in the register of contracts in accordance with Act No. 340/2015 Coll., on special conditions for the effectiveness of certain contracts, publication of these contracts and the register of contracts (Act on the Register of Contracts), as amended. 7.2. The Agreement may be terminated by: a) written agreement of the Contracting Parties; b) written notice from the Buyer; c) withdrawal from the Agreement. 7.3. The Agreement may be terminated by notice of the Buyer, even without it providing the grounds for the termination. The notice period shall be one month and shall begin on the 1st day of the month following the month in which the Seller received the notice. 7.4. Withdrawal from the Agreement shall only be possible on the grounds specified herein or in the relevant legislation. The Contracting Parties have expressly agreed thatParty affected by a breach of obligation may unilaterally withdraw from this Agreement for a material breach hereof, when delivering new goods (or parts the following in particular being considered a material breach hereof: a) on the part of goodsthe Buyer, non-payment of the purchase price stated herein within a period longer than 30 calendar days after the due date of the relevant invoice; b) for defective goods on the part of the Seller, in accordance the event it does not duly and timely supply the subject of this Agreement and does not arrange a remedy within five working days from the written notice to the Buyer of the non-performance of this Agreement; c) on the part of the Seller, in the event the Seller acts during performance of the Agreement in violation of the provisions stated herein, with the provisions instructions of this Articlethe authorized representative of the Buyer, or in non-conformity with the warranty period specified under Article 6.1 hereof valid legislation. 7.5. The Buyer shall be extended by 12 calendar months entitled to withdraw from the Agreement in the event that the Seller becomes an unreliable payer of VAT according to the information provided in the register of VAT payers. 7.6. Upon termination of the Agreement, any and all obligations of the Contracting Parties arising from the Agreement shall expire. Termination or expiration of the Agreement shall not mean the expiration of claims for damages or other damages and payment of contractual penalties agreed in the event of a breach of contractual obligations arising before the termination of the Agreement, and the Buyer obligations of the Contracting Parties that are to continue pursuant to the Agreement or by its nature, or provided for by the valid legislation. 7.7. The Seller shall retain all assume the rights resulting from defective performance under this Contract and risk of changing circumstances pursuant to the Civil Code. 6.6. All rights associated with defective performance not stipulated under this Article shall be governed by applicable provisions of the Civil Code.

Appears in 1 contract

Samples: Purchase Agreement

Warranty for the Goods. 6.1. The Seller assumes shall adopt the warranty for the quality goods for a period of 24 months. The warranty period shall begin on the day of supply of the Goods. The Seller provides a 24-month guarantee for functionality and reliability of the delivered Goods from the date of delivery to the destination. 6.2Buyer, i.e. on the day of signing the handover protocol by the Buyer. The Buyer shall claim to the Seller any requirement for removal of defects on the Goods without undue delay after their discovery, while claims received on the last day of the warranty period are deemed to be timely applied. The Buyer is obliged to notify report any and all warranty defects to the Seller in writing without undue delay. Warranty repairs shall be performed by the Seller free of any warranty defects at charge within a maximum of seven working days from the address notification of the Seller’s registered office specified in defect, or the header hereof. For Seller shall agree another time to eliminate the purposes of claimed defect with the Contract, a notification made within 15 business days after the date when the Buyer found the defect is deemed to be timely madeBuyer. In a written complaintthe event of non-compliance with this implementation deadline, the Buyer shall describe the defect or how is the defect manifested and in which manner he seeks the defect to also be removed in accordance with Section 2169 of the Civil Code. 6.3. The Seller undertakes to carry out warranty repairs free of charge within 60 calendar days after the defect is announced by the Buyer. In case of failure to comply with this deadline, the Buyer is entitled to have the defect defects removed by a third party at the expense of the Seller, even without prior notice. 6.4notice of the fact. For In the case of repairs made during the warranty period, it the warrantee period shall be prolonged extended by the time from the moment notification of its announcement the defect by the Buyer to the moment the defect is duly removed its removal by the Seller, or a third party at the expense of the Seller in the sense of the last sentence of clause 6.2. 6.5, herein. The Contracting Parties have expressly agreed thatComplaints may be submitted no later than the last day of the warranty period, when delivering new goods (or parts and a complaint sent on the last day of goods) for defective goods in accordance with the provisions of this Article, the warranty period specified under Article 6.1 hereof shall be extended considered to have been submitted in time. The warranty shall not cover defects caused by 12 calendar months improper handling or mechanical damage to the Goods, unless these defects were caused by the Seller. The Buyer shall reserve the right to require the removal of the claimed defects by the supply of replacement Goods in place of defective ones instead of a warranty repair, within the period specified in Article VI. clause 6.2, herein. In the event of such a defect to the Goods or part(s) thereof, which is irreparable and if the Seller does not have Goods of the same type and quality, the Buyer shall retain all is be entitled to partially withdraw from this Agreement, to the rights resulting from defective performance under this Contract and the Civil Code. 6.6. All rights associated with defective performance not stipulated under this Article shall be governed by applicable provisions extent of the Civil Codedefective performance, and require a refund of the part of the purchase price corresponding to the price of the defective part of the performance.

Appears in 1 contract

Samples: Purchase Agreement

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Warranty for the Goods. 6.1. The Seller assumes shall adopt the warranty for the quality goods for a period of 24 months. The warranty period shall begin on the day of supply of the Goods. The Seller provides a 24-month guarantee for functionality and reliability of the delivered Goods from the date of delivery to the destinationBuyer, i.e. on the day of signing the handover protocol by the Buyer. 6.2. The Buyer shall claim to the Seller any requirement for removal of defects on the Goods without undue delay after their discovery, while claims received on the last day of the warranty period are deemed to be timely applied. The Buyer is obliged to notify report any and all warranty defects to the Seller in writing without undue delay. Warranty repairs shall be performed by the Seller free of any warranty defects at charge within a maximum of seven working days from the address notification of the Seller’s registered office specified in defect, or the header hereof. For Seller shall agree another time to eliminate the purposes of claimed defect with the Contract, a notification made within 15 business days after the date when the Buyer found the defect is deemed to be timely madeBuyer. In a written complaintthe event of non- compliance with this implementation deadline, the Buyer shall describe the defect or how is the defect manifested and in which manner he seeks the defect to also be removed in accordance with Section 2169 of the Civil Code. 6.3. The Seller undertakes to carry out warranty repairs free of charge within 60 calendar days after the defect is announced by the Buyer. In case of failure to comply with this deadline, the Buyer is entitled to have the defect defects removed by a third party at the expense of the Seller, even without prior noticenotice of the fact. 6.46.3. For In the case of repairs made during the warranty period, it the warrantee period shall be prolonged extended by the time from the moment notification of its announcement the defect by the Buyer to its removal by the moment Seller, or a third party at the defect is duly removed expense of the Seller in the sense of the last sentence of clause 6.2., herein. 6.4. Complaints may be submitted no later than the last day of the warranty period, and a complaint sent on the last day of the warranty period shall be considered to have been submitted in time. 6.5. The warranty shall not cover defects caused by improper handling or mechanical damage to the Goods, unless these defects were caused by the Seller. 6.56.6. The Contracting Parties have expressly agreed thatBuyer shall reserve the right to require the removal of the claimed defects by the supply of replacement Goods in place of defective ones instead of a warranty repair, when delivering new goods (or parts of goods) for defective goods in accordance with within the provisions of this Article, the warranty period specified under in Article 6.1 hereof shall be extended by 12 calendar months VI. clause 6.2, herein. 6.7. In the event of such a defect to the Goods or part(s) thereof, which is irreparable and if the Seller does not have Goods of the same type and quality, the Buyer shall retain all is be entitled to partially withdraw from this Agreement, to the rights resulting from defective performance under this Contract and the Civil Code. 6.6. All rights associated with defective performance not stipulated under this Article shall be governed by applicable provisions extent of the Civil Codedefective performance, and require a refund of the part of the purchase price corresponding to the price of the defective part of the performance.

Appears in 1 contract

Samples: Purchase Agreement

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