Warranty, liability for defects Sample Clauses

Warranty, liability for defects. 12.1. The warranty period is 12 months, except for parts subject to wear and tear. For used equipment, the warranty period is 6 months. It begins with the departure of deliveries ex works or with the possibly agreed acceptance of deliveries and services or, as far as PLATIT has also taken over the assembly, with their termination. If shipping, acceptance or assembly is delayed for reasons for which PLATIT is not responsible, the warranty period ends at the latest 18 months after arrival at the customer. 12.2. For replaced or repaired parts, the guarantee period starts anew and lasts 6 months from the replacement or completion of the repair or the acceptance, but not longer than the expiry of a period, double the guarantee period stipulated in the preceding paragraph. 12.3. The warranty expires prematurely if the customer or third parties make changes or repairs, seals are damaged or removed, or if the customer, if a defect has occurred, does not immediately take all suitable measures to mitigate the damage and gives PLATIT the opportunity to remedy the defect. 12.4. Upon the written request of the customer, PLATIT may choose to repair or replace as quickly as possible any parts of the supplies which, before the expiry of the guarantee period, are proven to be defective due to bad material, faulty design or poor workmanship. Replaced parts shall become PLATIT’s property if it does not explicitly renounce this. Under restriction of proportionality, the PLATIT AG shall bear the costs of remedying the defective parts provided that, they do not exceed the customary costs of transport, personnel, travelling, accommodation, dismantling and reassembly of the defective parts. 12.5. Express warranties are only those which have been expressly specified as such in the order acknowledgment or in the specifications. An express warranty is valid until the expiry of the guarantee period at the latest. If the express warranties are not or only partially achieved, the customer may first of all require PLATIT to carry out the improvements immediately. The customer shall give the PLATIT AG the necessary time and possibility to do so. If these improvements fail completely or in part, the customer may claim the agreed compensation for such case or, should no such agreement exist, a reasonable reduction of price. If, however, the defects are of such significance that they cannot be remedied within a reasonable time and provided that the supplies and services cannot be used for t...

Warranty, liability for defects. 9.1 The Supplier shall grant a warranty for the Storage Tanks and Equipment produced by the Supplier in accordance with the warranty cards included in their documentation. 9.2 Pieces of Equipment deemed to be commodities shall be covered by producer warranty in accordance with the warranty card of the given piece of Equipment. 9.3 Components with a typically short use life such as seals are excluded from the warranty. The seals should be replaced with each disassembly of a flanged connection, e.g. hatch or connector. 9.4 Upon reception of a Storage Tank or Equipment, the Ordering Party is obliged to check the completeness of the delivery and required documents. If, as the result of such a check, the Ordering Party decides that some parts or documents are missing, they should issue a written notification of this fact to the Supplier. If the Ordering Party fails to do this upon reception of the Storage Tank or Equipment, they forfeit any claims regarding incompleteness of the delivery. 9.5 Any claims regarding the quality of the delivered piece of Equipment shall be submitted by the Ordering Party in writing with a non-extendable time limit of 7 days from the day of detection of the fault. If the Ordering Party fails to notify the Supplier about the fault within this time limit, any claims regarding this fault shall be excluded. After receiving notice of a qualitative deficiency, if such a claim is substantiated, the Supplier shall remove such a fault without delay. If the nature of the deficiency is such that it may cause damage, the Ordering Party must immediately inform the Supplier about this fact on pain of covering costs caused by such damage. 9.6 If the nature of the fault is such that it needs to be removed at the site of the Supplier, the Ordering Party shall return the faulty part to the Supplier in order for it to be repaired or replaced. In such a case the delivery of a repaired or replaced part in return for the faulty part shall be covered by the Supplier’s warranty. 9.7 Faulty parts which have been replaced shall be property of the Supplier. 9.8 The Supplier is not liable for damage or faults caused by the materials or design provided by the Ordering Party. 9.9 If the fault has not been successfully removed: 9.9.1 The parties may agree to lower the price proportionally to the lowered value of the Equipment, on the condition that in no case may the reduction of price exceed 10% of the original purchase price; or 9.9.2 If the fault is substantia...

Warranty, liability for defects. 15.1. The place of performance under the warranty is the original place where goods/services are supplied. Any return of defective goods requires our prior written consent. If we give our consent, the goods shall be delivered to the plant/warehouse originally commissioned by us with the supply of the goods/services. Goods returned without our prior written consent will not be accepted or will be returned to the sender at its expense. The warranty period for our goods/services is one year from the transfer of risk. 15.2. Subject to compliance with the agreed payment terms in accordance with the following provisions, we are only under an obligation to remedy any defect that impairs functionality due to a fault in construction, material or workmanship if it can be shown to have already existed at the time of the transfer of risk. A defect regarding the material and/or workmanship is solely deemed to exist if and to the extent that the goods/services do not have the properties and characteristics expressly agreed upon in the contract. All ancillary costs incurred in connection with rectifying the defect (such as, for instance, costs of transportation, disposal, travel and travel time) are for the customer's account. 15.3. The correction of a defect alleged by the customer does not constitute an acknowledgement of the existence of a defect. 15.4. The customer shall at all times be required to prove that the defect was already present at the time of the handover. 15.5. The warranty claims of the customer require the customer to have duly fulfilled its examination obligation and its duty to give notice of defects. Furthermore, the item in respect of which notice of defects is given must in any event be left in a completely unaltered state. If the item to which the objection relates has been altered, the assertion of any warranty claim by the customer is excluded unless it can be demonstrated that we acted with intent or as a result of gross negligence. The customer must immediately examine our goods/services for defects (even in the case of the partial supply of goods or services) and notify us of any defects found without undue delay, but within one week of receipt of the goods/services at the latest, otherwise the assertion of any warranty claims for defects and other liability claims is likewise excluded. Latent defects shall be notified to us without undue delay, but no later than one week following their discovery, otherwise the assertion of any warranty cla...

Warranty, liability for defects. 11.1 Warranty period (guarantee period)

Warranty, liability for defects. Seller warrants that all goods sold will be delivered free from all liens, charges and encumbrances, will be free from all defects in materials and workmanship, will be adequate for their intended use, will conform to all specifications and will satisfy any express warranties made by Seller. Seller warrants that all services will be performed in professional, workmanlike, manner in accordance with applicable specifications. The warranty period is the greater of 24 months or Seller's standard warranty period. Seller agrees that it will make spare parts available to Company for a period of 10 years from date of delivery. In the event of a breach of warranty, at Company's option, Seller shall either repair

Warranty, liability for defects. 1. The Contractor will guarantee that the subject matter of the Contract is performed pursuant to the Contract and that throughout the specified (warranty) period, it will show properties agreed upon in the Contract. For the purpose hereof, the warranty period shall be defined as 24 months from the handover and receipt by the Contracting Parties. 2. The Contractor is not liable for any defects that were caused by applying any supporting documents they received from the Client,which the Contractor, even when after exerting all their best efforts, could not have identified that the supporting documents were not fit for the intended purpose, or in the event that the Contractor notified the Client of the unsuitability of the supporting documents, but the Client still insisted on using them. 3. The contractor is obliged to remove the defects no later than 20 business days after the Client has reported the defect.

Warranty, liability for defects. 8.1 Pursuant to the provisions of this Article, the Seller shall remedy any defect resulting from faulty design, materials or workmanship. The Seller's liability is limited to defects that appear within a period of 24 months from delivery.

Warranty, liability for defects. All claims by the Buyer arising from defects become time-barred within twelve months as calculated from the passing of the risks. All liability are excluded in the case of used equipment. The above shortened limitation period and the exclusion of liability for used items do not apply to claims for damages of any kind according to the legal regulations. The statutory warranty period shall also apply to claims for damages arising from the fact that the vendor is in default with a rectification of defects requested by the buyer and owed by the vendor.The provisions concerning an entrepreneur´s rights of recourse in respect of purchased consumer goods (Sections 478 445a, 444b BGB – German Civil Code) remain unaffected thereby. If the Buyer is a merchant within the meaning of the HGB (German Commercial Code), it is subject to a duty to inspect and to report defects in ac- cordance with Section 377 HGB. A notice of a defect is deemed “prompt“ if it is made eight days after the date of reference according to the law. No warranty is assumed, as no defect is present, in the following cases in particular: (a) lack of usability for purposes beyond the customary or agreed use, (b) defects or problems owing to defective assembly or place- ment into service by the Buyer or third parties, incorrect or negligent treatment, or improper maintenance, (c) natural wear, (d) defects or problems arising from realisation of specifications provided by the Buyer, for example by means of drawings or models, (e) defects or problems owing to rebuilding or reworking of the goods at the Buyer´s end. If an item is defective and notice of the defects is timely given, the Buyer has a right to rectification or to delivery of a replacement, at the Vendor´s discretion. If rectification and/or a delivered replacement fail twice in total, the Buyer is entitled to reduce the purchase price by a reasonable amount or to rescind the contract. If it turns out that products have been wrongfully returned as a consequence of a complaint, the Buyer must assume any costs of shipping, packing and disposal and pay a reasonable fee, to be set at the Vendor´s reasonable discretion, for inspection, for inspection of the products, unless the Buyer is not responsible for the breach of duty evident upon the return. The customer shall not be entitled to any warranty rights for work consisting in the pressing on or off of tyres made of rubber, VULKOLLAN® or other materials, insofar as any product problems that occ...

Warranty, liability for defects. 7.1. Daxtro’s product’s and/or component’s attributes and features are exhaustively covered and definitively specified in the specification data sheet. Any proof having to be furnished to show that the attributes and features of the products and/or components are adhered to is to be exclusively furnished in Daxtro’s facilities by way of a test set-up in accordance with the specified type test. Daxtro’s warranty pertains exclusively to the product’s and/or component’s attributes and features stated in the specification sheet or to the features specifically stated in the confirmation of order (cf. Section 2). Daxtro’s warranty and liability shall become null and void in the event that proof cannot be furnished showing that the products and/or components have been used for their designated purpose and in compliance with all of Daxtro’s rules and regulations pertaining to their use, operation and maintenance. The following damage is excluded from Daxtro’s warranty and liability: damage as the result of natural wear and tear, improper maintenance, non-compliance with the operating instructions, operation in an impermissible area, excessive stress and loading, unsuitable production facilities, chemical or electrolytic influences, repair work not performed by Daxtro, and/or other reasons for which Daxtro cannot be held accountable. 7.2. The warranty period amounts to 24 months. It begins upon delivery ex works or upon notification to the Purchaser of readiness the items ordered for shipment. The warranty period can be extended to a maximum of 36 months at the request and expense of the Purchaser. The costs therefor amount to 0.4% per month, and thus to a maximum of 4.8%, calculated on the basis of the contract price of the entire delivery. The Purchaser has to expressly request an extension of warranty, whereupon this is stated in the confirmation of order. 7.3. In the event that the Purchaser asserts a defect pursuant to section 7.1, it shall document the defect so that Daxtro is able to reproduce it within a reasonable period of time. In cases of doubt, the defect shall be deemed to have been caused by external influence. In this case, the Purchaser shall assume payment for repair or replacement. In the event that the Purchaser asserts a defect, however Daxtro tests the product and/or component and cannot find any defect which is attributable to it, the Purchaser shall assume the costs of testing. The costs incurred by Daxtro in troubleshooting and locating the...

Warranty, liability for defects. (1) RAFI guarantees the functional and operational readiness of the SaaS services in accordance with the provisions of this contract. (2) If a hardware device has to be replaced, for whatever reason, the Customer shall be entitled, after deleting the corresponding hardware device from the web platform, to register a replacement device in the system for further use of KIS.MANAGER instead of the previous hardware device, without any additional remuneration as defined in § 8 for the replacement device. (3) In the event that RAFI services are used by unauthorized third parties using the Customer's access data, the Customer shall be liable for any resulting fees within the scope of civil law liability until receipt of the corresponding Customer request to change the access data or to report the loss or theft, provided that the Customer is at fault for the access of the unauthorized third party. (4) RAFI is entitled to block the storage space immediately if there is reasonable suspicion that the stored data is illegal and/or infringes third-party rights. Reasonable suspicion of unlawfulness and/or infringement of rights exists, in particular if courts, authorities and/or other third parties inform RAFI thereof. XXXX must inform the Customer of the block and the reason for it without delay. The block shall be lifted as soon as the suspicion is invalidated. (5) Claims for damages against XXXX are excluded irrespective of the legal grounds, unless RAFI, its legal representatives or vicarious agents have acted with intent or gross negligence. RAFI shall only be liable for slight negligence if one of the essential contractual obligations has been violated by RAFI, its legal representatives or executive employees or vicarious agents. RAFI shall only be liable for foreseeable damage, which typically has to be expected. Essential contractual obligations are those obligations which form the basis of the contract, which were decisive for the conclusion of the contract and on whose fulfilment the Customer may rely. (6) RAFI is fully liable for intentionally or negligently caused damage from injuries to life, body, or health by XXXX, its legal representatives or vicarious agents. (7) Provided that RAFI is liable for damages according to the aforementioned regulations - irrespective of the legal grounds - directly or indirectly in connection with the execution of this contract, liability shall be limited to an amount of EUR 500,000 per damaging event and to a maximum of EUR ...