RIGHTS FROM DEFECTIVE PERFORMANCE. A thing is defective if it does not conform to the contract. The parties agree that the item shall conform to the contract and that the rights arising from defective performance may be exercised even after the agreed warranty period. For the avoidance of doubt, the parties expressly stipulate that any defects that the goods have, including, but not limited to, any defects that may be claimed during the warranty period, regardless of whether they arose before or after the buyer took delivery of the goods, even in the case of obvious defects or when the buyer should or could have discovered them. The buyer's rights from defective performance are based on the defect that the item has at the time of its delivery, at the time between the delivery of the item and the beginning of the warranty period or within the warranty period. If the item does not correspond to this contract, the buyer has the right to: the removal of the defect by delivery of a new item without defects, unless this is unreasonable in view of the nature of the defect; if the defect concerns only a part of the item, the buyer may only demand replacement of the part, removal of the defect by repairing the item, if the defect can be removed by repair, remedy the defect by supplying the missing part of the item or, if more than one item was to be delivered under the contract, by supplying the missing item, a reasonable discount on the purchase price, withdrawal from the contract. The Buyer is entitled to choose and exercise any of the above rights at his/her discretion, or to choose and exercise a combination of these rights.
RIGHTS FROM DEFECTIVE PERFORMANCE. Regardless of whether the defective performance constitutes a substantial or non-substantial breach of the contract, the client has the right, at its discretion: to the removal of the defect by repairing the work; to a reasonable discount on the price of the work; or to withdraw from the contract in whole or only in the part concerning the defective performance. The client will notify the contractor of the defects in writing without undue delay after their discovery, but no later than within 1 month from the discovery of the defect. The client has the rights according to paragraph 1 and the right to choose between them even if it did not exercise them in time, unless it fails to make a choice within 1 week of receiving the contractor’s written invitation. The contractor is liable for defects that the work had at the time of its handover. It is also liable for defects discovered by the client after the handover during the warranty period if these defects were caused by a breach of the contractor’s obligations. The contractor is not liable for defects in the work if the defects were caused by the use of objects handed over to it for processing by the client in the event that the contractor could not discover the unsuitability of these objects even with the exercise of professional care or if it pointed them out to the client and the client insisted on their use. The contractor is also not liable for defects caused by compliance with unsuitable instructions given by the client if the contractor pointed out the unsuitability of these instructions and the client insisted on following them or if the contractor could not discover this unsuitability.
RIGHTS FROM DEFECTIVE PERFORMANCE. 6.1. We guarantee that at the time of the transfer of the risk of damage to the Goods according to Art.5.7The condition is that the Goods are free of defects, in particular that:
a) has the characteristics that we have agreed with you, and if not expressly agreed, then those that we have stated in the description of the Goods, or those that can be expected with regard to the nature of the Goods;
b) is suitable for the purposes we have specified or for the purposes customary for Goods of this type;
c) corresponds to the quality or design of the agreed sample, if the quality or design was determined according to the sample;
d) is in adequate quantity and weight;
e) meets the requirements imposed on him by legal regulations;
f) not encumbered by third party rights.
6.2. In the event that the Goods have a defect, i.e. especially if any of the conditions according to Art.6.1, you can notify Us of such a defect and exercise your rights from defective performance (i.e. complain about the Goods) by sending an e-mailor a letter to Our addresses listed under Our identification data. You can also use the sample form provided by Us for a complaint, whichforms Annex No. 1Condition. In exercising the right from defective performance, you must choose how you want to resolve the defect, and you cannot make this choice subsequently, except in cases according to Art.6.3, change without Our consent. We will handle the claim in accordance with the right you have asserted from defective performance. In the event that you do not choose a solution to the defect, you have the rights listed in Art.6.4even in situations where defective performance was a substantial breach of the Contract.
6.3. If defective performance is a material breach of the Agreement, you have the following rights:
a) to remove the defect by delivering a new Product without a defect, or by delivering a missing part of the Product;
b) to remove the defect by repairing the Goods;
c) at a reasonable discount from the Price;
d) to withdraw from the Agreement. In the event that you choose the resolution according to points a) or b) and We do not remove the defect in this way within the reasonable period that we have indicated, or we inform you that we will not remove the defect in this way at all, you have the rights according to points c) and d), even if you they did not originally request as part of the complaint. At the same time, if you choose to remove the defect by repairing the Goods and We discover that the...
RIGHTS FROM DEFECTIVE PERFORMANCE. 6.1. We guarantee that at the time of the transfer of the risk of damage to the Goods (according to Article 5.7 of the Conditions) the Goods are free of defects, especially if:
RIGHTS FROM DEFECTIVE PERFORMANCE. 6.1. We warrant that at the time of the transfer of the risk of damage to the Goods pursuant to Art. 5.7 Conditions, the Goods are free from defects, in particular that: