Claims for Defects. (1) The statutory regulations governing defective performance will control, unless a different remedy is provided for in Sections 10(2) through 10(4), below.
(2) ITM is entitled to a claim of defective product even as to defect- free goods if (a) in the case of a bulk shipment, a significant portion of the goods are defective, or (b) in the case of multiple similar or identical components, a significant portion (5 % or more) thereof are defective, in which instance the claim of defect will extend to all such components.
(3) ITM will be entitled to undertake, at the Contractor’s expense, replacement of defective goods or work products on its own or via a third party if the Contractor (a) is late in providing a repair or re- placement, (b) declines to deliver the same, or (c) circumstances do not, in ITM’s sole judgment, reasonably permit ITM to offer the Contractor an opportunity to cure the defect(s). This is particularly the case if replacement is needed to defend against severe risks to ITM’s business interests, mitigate damages, or maintain ITM’s capa- bilities with respect to its own customers.
(4) Costs incurred by ITM as a result of the Contractor’s defective performance, including especially shipping, travel, labor and materi- al costs or expenses or those for heightened incoming inspection, shall be borne by the Contractor. ITM may demand advance pay- ment from the Contractor for expenses necessarily incurred in rem- edying the defect; any subsequent claims will not be affected.
Claims for Defects. 4.1 With the exception of the terms in 2.4.4, HEIDENHAIN guarantees that the software will exhibit the substantial characteristics and functions in accordance with the description in the associated documentation for a period of 90 days beginning on the day on which the software is first provided to the user. XXXXXXXXXX does not guarantee that the functions of the software will satisfy the specific requirements of the user. Liability for defects requires that the defect is reproducible. The user must provide a sufficient description of the defect.
4.2 A material defect is not valid if it does not occur in the most recent version of the software provided to the user and if the user can be reasonably expected to use this version.
4.3 If the software is defective, XXXXXXXXXX will remedy the defect as it sees fit, either through improvement or replacement of the defective software (replacement performance). XXXXXXXXXX may remedy defects by providing a new copy, an update, or a new program version. Alternatively, HEIDENHAIN may provide a hotfix or a service pack for the affected software. The user is not entitled to a particular type of remedy of the defect. If the user made customizations to the software in a manner permissible within the scope of the acquired license, then the user shall ensure, at the user’s own risk and expense, that these customizations of the software are compatible with the upgrade, hotfix, service pack, or the new program version, before installing upgrades, hotfixes, service packs, or new program versions. This also applies if HEIDENHAIN provided such a customization within the scope of a service agreement. If a supplied data carrier or documentation is defective, then the user can demand only that HEIDENHAIN provide a non-defective replacement.
4.4 Claims arising from a defect are not possible in the following situations:
a) if there is only an insignificant deviation from the agreed characteristics
b) if there is only an insignificant limitation to usability
c) if the damage was caused by incorrect or negligent handling
d) if the damage arose due to unusual extraneous influences not assumed in the agreement
e) for modifications or enhancements performed by the user or third parties and the consequences arising therefrom, or
f) with respect to the assumption that the software provided is compatible with the data processing environment utilized by the user.
4.5 Notices of defects must be promptly given no later than two weeks after deli...
Claims for Defects. The Supplier shall be liable for material and legal defects in the delivery, excluding further claims, subject to Section VII as follows: DEFECTS
1. At the Supplier‘s discretion, all those parts are to be repaired or replaced free of defects, which turn out to be defective due to a circumstance prior to the transfer of risk. The Supplier must be notified of such defects immediately in writing. Replaced parts become the property of the Supplier.
2. In order to carry out all subsequent repairs and replacement deliveries that the Supplier deems necessary, the Purchaser must grant the Supplier the necessary time and opportunity after having informed the Supplier; otherwise the Supplier is released from liability for the resulting conse- quences. The Purchaser is entitled to have the defect remedied by himself or through a third party and to demand reimbursement from the Supplier for the necessary expenses only in urgent cases where operational safety is endangered or to prevent disproportionate damage, whereby the Sup- plier must be informed immediately.
3. If the complaint proves to be justified, the supplier shall bear the expenses necessary for the purpose of subsequent performance, provided that this does not result in a disproportionate bur- den on the supplier. Insofar as the expenses increase due to the fact that the buyer has taken the object of purchase to a place other than the place of performance after delivery, any additional costs incurred as a result shall be borne by the buyer. When selling a newly manufactured item, the supplier shall also reimburse the expenses incurred by the buyer within the scope of his legal obligations within the scope of recourse claims in the supply chain.
4. Within the framework of the statutory provisions, the buyer has the right to withdraw from the contract if the supplier- taking into account the statutory exceptions- allows a reasonable period of time set for him for the repair or replacement delivery due to a material defect to expire. If there is only an insignificant defect, the buyer is only entitled to a reduction of the contract price. The right to reduce the contract price shall otherwise be excluded.
5. Further claims shall be determined exclusively in accordance with Section VII.2 of these terms and conditions.
6. No liability is assumed in the following cases in particular: Unsuitable or improper use, faulty installation or commissioning by the Purchaser or third parties, natural wear and tear, faulty o...
Claims for Defects. The Supplier shall be liable for material defects and defects of title regarding the delivery with the exclu- sion of any further claims – subject to Section VII – as follows: Material defects
1. Alle diejenigen Teile sind nach Xxxx des Lieferers nachzubessern oder mangelfrei zu ersetzen, die sich infolge eines vor dem Gefahrübergang liegen- den Umstandes als mangelhaft herausstellen. Die Feststellung solcher Mängel ist dem Lieferer unver- züglich schriftlich anzuzeigen. Ersetzte Teile werden Eigentum des Lieferers.
2. Zur Vornahme aller dem Lieferer notwendig er- scheinenden Nachbesserungen und Ersatzliefe- rungen hat der Besteller nach Verständigung mit dem Lieferer die erforderliche Zeit und Gelegenheit zu geben; anderenfalls ist der Lieferer von der Haftung für die daraus entstehenden Folgen befreit. Nur in dringenden Fällen der Gefährdung der Betriebssicherheit bzw. zur Abwehr unverhältnis- mäßig großer Schäden, wobei der Lieferer sofort zu verständigen ist, hat der Besteller das Recht, den Mangel selbst oder durch Dritte beseitigen zu lassen und vom Lieferer Ersatz der erforderlichen Aufwendungen zu verlangen.
3. Der Lieferer trägt – soweit sich die Beanstandung als berechtigt herausstellt – die unmittelbaren Kosten der Nachbesserung bzw. der Ersatzliefe- rung einschließlich des Versandes. Er trägt außer- dem die Kosten des Aus- und Einbaus sowie die Kosten der etwa erforderlichen Gestellung der not- wendigen Monteure und Hilfskräfte einschließlich Fahrtkosten, soweit hierdurch keine unverhältnis- mäßige Belastung des Lieferers eintritt. Bei Aus- besserung bzw. Ersatzleistung im Ausland treffen den Lieferer nur solche Kosten, die bei einer Aus- besserung bzw. Ersatzleistung im Inland ent-
1. All those parts which prove to be defective as a result of circumstances prevailing before the trans- fer of risk shall be repaired or replaced without de- fects as the Supplier sees fit. The Supplier must be immediately notified in writing of the discovery of such defects. Parts replaced shall become the property of the Supplier.
2. The Buyer shall after agreement with the Supplier give the Supplier sufficient time and opportunity to undertake any repairs and replacement deliveries which appear necessary to the Supplier; otherwise the Supplier shall be released from the liability for the resulting consequences. Only in urgent cases of endangering operational safety or to prevent dis- proportionately serious damage, whereby the Supplier shall be informed immediat...
Claims for Defects. With regard to quality defects and deficiencies in title of delivery, we provide, to the exclusion of any further claims and subject to para. 8.1, the following guarantee:
a) Quality Defects
7.1 We warrant that the material, the constructional design and the execution are free from defects and faults.
7.2 The warranty period shall be 12 months in case of single-shift operation and shall start on commissioning or, if any provided, on acceptance of the delivery item (in case of spare parts with supply). It shall end, however, 18 months after notification of readiness for shipment, at the latest, if delivery or commissioning or acceptance is delayed for reasons beyond our control. In case of multiple shift operation, the warranty period shall be reduced accordingly and shall in any case be limited to 2,100 operating hours.
7.3 Deficiencies occurring during the warranty period notified to us in writing shall be removed by us cost-free at our own discretion by spare part supplies or by appropriate repairs at the contractual place of delivery.
7.4 Any deficiency claims shall be excluded,
7.4.1 if you fail to immediately notify us about the defect in writing or deny us the necessary and reasonable support for repair of the defect or
7.4.2 if defects have been caused after the transfer of risk due to improper transportation or inappropriate storage of the delivery item or
7.4.3 if defects have been caused by inappropriate handling or treatment of the delivery item, by non-compliance with the operating instructions, operating conditions as well as with the maintenance and service intervals, due to wear and tear (e.g. wear parts) or use of inappropriate operating material or alternative material or
7.4.4 if modifications and changes have been made at the delivery item without our prior consent or if spare parts not supplied by us have been used or
7.4.5 if our products have not been installed or put into operation by our personnel without any agreement to the contrary in writing or if defects in the material, constructional design and in the execution are not demonstrably affected.
7.5 As long as you are in default in the fulfillment of your contractual obligations to us, we shall be entitled to refuse the fulfillment of warranty claims. The extension of the warranty period as per para. 7.2 shall be excluded in this case.
7.6 If we fail to meet our duty to carry out follow-up treatment of a defect to be repaired by us in spite of a reasonable period of time granted ...
Claims for Defects. 13.1 The Supplier warrants that its deliveries and performances comply with all recognized technical standards, safety regulations and agreed technical data, are of the agreed quality and durability, and are free from other defects. Any modification of the delivery item requires the prior written consent of MOOG.
13.2 Acceptance shall be subject to an inspection free of defects. MOOG shall inspect the delivery items upon delivery only with regard to identity, quantity and externally recognizable transport damage, insofar and as soon as this is feasible in the ordinary course of business. Defects will be notified by MOOG immediately after their discovery. To this extent, the Supplier waives the objection of delayed notification of defects.
13.3 Acceptance shall require the written acknowledgement by XXXX.
13.4 The limitation period for claims for defects against the Supplier shall be 28 (twenty-eight) months from receipt at the place of destination specified by MOOG, unless another limitation period has been agreed in an individual contract or longer statutory limitation periods apply.
13.5 If the Supplier fulfils its obligation of subsequent performance by delivering a replacement, the limitation period for the goods delivered as replacement shall start to run again.
13.6 The Supplier shall make a statement in writing within 15 days to any notification of defects in the delivered goods. At least the statement shall include comments on the following points:
1. Reference to the notified transaction number of the notification of defect by XXXX
2. Which cause is responsible for the defect and how this was determined
3. What actions are taken to remedy the defect
4. What actions are taken to avoid recurrence
13.7 If the Supplier does not start to remedy the defect immediately upon MOOG´s request, MOOG shall be entitled in urgent cases, particularly to avert acute risks and/or to avoid disproportionately high damages, to remedy the defect itself or have it remedied by third parties at the Supplier’s expense.
13.8 If the same good is repeatedly delivered defective, MOOG shall be entitled to rescind from the contract for the not yet fulfilled scope of delivery after a written warning.
13.9 The Suppliers liability for material defects shall be limited as follows. In the event of ordinary negligence, MOOG waives any claims for damages due to loss
13.10 In all other respects, the statutory provisions for claims based on defects shall apply.