Guarantee. Subject as provided below, BNPP unconditionally and irrevocably guarantees by way of deed poll to each Guaranteed Party that, if for any reason BNPP B.V. does not (i) pay any sum payable by it or perform any other obligation in respect of any Security, or any IPED Agreement, on the date specified for such payment or performance and/or (ii) comply with any of the Undertakings, then BNPP will, in accordance with the terms and conditions of such Security (the “Conditions”) or the terms of such IPED Agreement, the Scheme or the Deed of Irrevocable Offer (as the case may be), pay that sum in the currency in which such payment is due in immediately available funds forthwith upon demand or, as the case may be, perform or procure the performance of the relevant obligation that BNPP B.V. has failed to perform on the due date for such performance forthwith upon demand, subject to Clause 12. If for any reason BNPP B.V. does not satisfy such obligations when the same become due, BNPP hereby undertakes to make, or cause to be made, such payment or satisfy or cause to be satisfied such obligations as though BNPP were the principal obligor in respect of such obligation after a demand has been made on BNPP pursuant to Clause 12 hereof PROVIDED THAT in the case of Securities where the obligations of BNPP B.V. which fall to be satisfied by BNPP constitute the delivery of the Entitlement to the Holders, BNPP will as soon as possible deliver or procure delivery of such Entitlement using the method of delivery specified in the applicable Conditions.
Guarantee. As per the conditions stated below, TUBEX shall guarantee that the products comply with the contractually stipulated technical data and are within the customary and/or agreed tolerances. The Principal shall immediately inform TUBEX in writing of all claims asserted under the guarantee for obvious defects before using/processing the products, but no later than eight (8) days after their supply. The Principal shall inform XXXXX in writing of all other claims under the guarantee for faults and defects, except for obvious defects, within six (6) months after their supply. In any event, the Principal shall inform TUBEX of these types of claims within five (5) days after discovering the error and/or defect. TUBEX‘s liability under this guarantee does not apply if the Principal does not inform TUBEX within the respective period. There are no claims for defects if there are only insignificant deviations from the quality or only one insignificant impairment to the utility. All of our specifications are just work descriptions and not guarantees unless otherwise explicitly agreed. The Principal shall lose his warranty claims if he does not give TUBEX the opportunity to check the blamed defect in situ and/or he does not provide samples of the faulty goods upon our request or he makes changes to the faulted goods without our consent. TUBEX must perform the check immediately if the Principal expresses an interest in immediate settlement. If there is a fault or defect, TUBEX shall either (i) rectify the faulty product at its own cost, (ii) exchange the product at its own cost or (iii) partially reimburse the Principal for the price of the faulty product. If there is a defect for which TUBEX is responsible, TUBEX is authorised to either remedy the defect or re-ship the product at our own discretion. As per the guarantee, remedying the defect or re-shipping the product are limited to the aforementioned guarantee period. Before the Principal can assert further claims or rights (withdrawal, price reduction, compensation or reimbursement of expenses), TUBEX must initially give the opportunity for supplementary performance within an appropriate period of time of at least 4 weeks unless TUBEX has provided a contrary guarantee. If supplementary performance fails despite two supplementary performance claims, if supplementary performance is impossible, if supplementary performance is unacceptable to the Principal or TUBEX refuses supplementary performance, the Principal may withdr...
Guarantee a) In his capacity as a specialist, the Supplier guarantees that the delivery item is free of any defects affecting its value or suitability for the use assumed, meets all properties as warranted and all services and specifications as specified. The Supplier is bound to perform permanently appropriate quality controls. The delivery item must meet the provisions of public law applicable at the place of destination.
Guarantee. In addition to the statutory warranty, Kalmar provides the following guarantee:
8.1. Kalmar warrants that a) the Equipment shall be free from defects in materials, design and workmanship as specified in the applicable Kalmar guarantee terms, and
b) the Spare Parts shall be free from defects in materials, design and workmanship for 12 months from the Delivery or 1500 cumulative hours of operation, whichever occurs first. Copy of the applicable Kalmar guarantee terms will be provided to the Customer upon request.
8.2. Guarantee does not cover defects arising out of a) materials or design provided by the Customer, b) the Customer's faulty maintenance, installation, use, service or inspection, c) normal deterioration, wear and tear, d) use before acceptance, or e) accidents and external factors.
8.3. Under the guarantee, Xxxxxx agrees, at its option and as the Customer’s exclusive remedy, to replace or repair a defective Product.
Guarantee. The supplier, in the meaning of specifically warranted characteristics, guarantees that each delivery shall fully comply with all requirements from NEUMAN as well as with all legal rules, regulations and standards, is properly made and corresponds to the commonly expected characteristics as well as to the expressively agreed or to such characteristics, as correspond to the nature of the business transaction. The term of guarantee shall be 24 months; in the event NEUMAN should resell the supplies, either after processing or unchanged, to a third party the term of guarantee shall at least equal the warranty term agreed between NEUMAN and the third party. The term of guarantee shall commence (i) basically upon transfer of the supplies to NEUMAN in accordance with Section 8 (in the event of hidden defects upon discovery hereof), (ii) in case of delivery of equipment, machinery and systems upon the acceptance date notified by XXXXXX in the written acceptance certificate and (iii) in the event of delivery of spare parts upon putting in operation the same. In the event supplies may not be put into, or cannot remain in, operation due to inspection for defects or remedy of defects, the term of guarantee shall be prolonged accordingly. For parts that have been repaired or redelivered the term of guarantee shall newly commence as of the respective date. XXXXXX shall be expressively relieved from any duty to have supplies immediately inspected for any defects. Notification by XXXXXX of defects shall be deemed timely if communicated to the supplier within the term of guarantee. Claims relating to defective supplies shall prescribe within 3 years from the date notified in writing. In the event defective supplies should require incoming inspection beyond customary procedures the supplier shall bear the costs related hereto. In the event of defective supplies NEUMAN, irrespective of the defect affecting the entire delivery or only parts thereof, the defect being material or not material, the defect being remediable or not remediable, may at its own discretion (i) demand substitute supply (change) or remedy of the defect (improvement) free of cost, (ii) in the event of late remedy by the supplier have the assessed defects remedied itself or by third parties and (iii) in the event substitute delivery or improvement should not be possible or cause unreasonable costs for NEUMAN, demand reduction of price; in the event of material defects NEUMAN may rescind the entire contract...
Guarantee. 1. Security notices
2. Subject matter of guarantee
Guarantee. 1. Unless otherwise agreed upon in writing, we shall be obliged to deliver the goods of a merchantable quality.
2. Notification of defects must be made in writing and with a detailed description of the defect.
3. Defect claims of the customer only exist if the customer has duly complied with its inspection and complaint obligations pursuant to section 377 of the German Commercial Code [HGB]. The notification of defects must be made in writing. If, in the case of a delivery of mass produced parts, for example DIN and standard parts, a few parts are found to be defective, this does not entitle the customer to return the entire delivery lot. A systematic deficiency of the goods must be clearly identifiable when carrying out random spot checks upon receipt of the goods. If the customer fails to give due notification in accordance with section 377 of the German Commercial Code [HGB], the product is considered to be approved, unless the defect could not be detected during the check.
4. In the case of hidden defects, which even after careful examination could not have been discovered immediately, the customer should notify us in writing immediately after the discovery is made.
5. In case of justified complaints, we are obliged – under the exclusion of the rights of the customer to cancel the contract or reduce the purchase price (reduction) -to affect subsequent performance, unless we are, on the basis of legal regulations, entitled to refuse such subsequent performance. The customer shall grant us a reasonable period for the subsequent performance. When carrying out the subsequent performance, the customer is given the option of either having the defect rectified (subsequent repair of the goods) or the delivery of new goods. In the case when the defect must be rectified, we shall bear the necessary expenses, provided that these are not increased by the fact that the goods are not situated at the original place of performance. In the event the subsequent performance fails, the customer can either demand reduction of payment or cancellation of the contract. Subsequent performance shall only be deemed to have failed following an unsuccessful second attempt, unless further subsequent improvement attempts are reasonable due to the contract object and for the customer. The customer shall only be entitled to claim for compensation due to the defect if the subsequent performance has failed. Further, the provisions stated in section XI of these terms and conditions shall...
Guarantee. 11.1.The Supplier assumes full warranty for the purchase order or delivery schedule-compliant, complete and flawless execution of the delivery and scope of service, in particular for the generally expected and, in any case, assured properties mentioned in public statements, according to samples or patterns, and for compliance of the deliveries and/or misc. services with all applicable and valid legal and regulatory requirements at the specified destination and/or the markets specified by Q-Drives. The Supplier is to provably notify Q-Drives of all risks usually associated with the scope of delivery and service. In the same way, the Supplier is liable for the goods and components which he delivers, but does not produce, or for services rendered.
Guarantee. 16.1 The warranty period shall be one year from execution of the delivery or provision of the service or, if acceptance is required, from acceptance. This period shall not apply to claims for damages by the Client arising from injury to life, limb or health or from wilful or grossly negligent breaches of duty by the Contractor or its vicarious agents, which shall become time-barred in accordance with the statutory provisions. 16.2 Preliminary and intermediate products or products sent for inspection must be carefully inspected or checked by the Client immediately upon receipt. In the case of printed products, the risk of any errors shall be transferred to the Client with the declaration of approval for printing, provided that these are not errors that only occurred or could only be recognised during the production process following the declaration of approval for printing. The same shall apply to all other declarations of release by the Client with regard to preliminary and intermediate products or products. 16.3 Obvious defects must be reported in writing within a period of one week from receipt of the goods, hidden defects within a period of one week after discovery; otherwise the assertion of the warranty claim is excluded.
Guarantee. 3.1. CT can at any time request the details of a credit card (Visa or Mastercard, card number, expiry date and API Code) as guarantee of payment for a binding booking and have a corre- sponding amount blocked on the credit card.