Limitation. Deviating from clause 11.8 of the General PO Terms and Conditions, the period of limitation for claims for defects shall be five years.
Limitation. The Customer’s claims for defects shall lapse in one year beginning with the handover or delivery of the goods with the exception of the claims for damages specified in VII. 1. and arising under the German Product Liability Act. This shall not apply, if the Company fraudulently concealed the defect or insofar as it guaranteed the quality of the item. Article 478 of the Ger- man Civil Code remains also unaffected.
Limitation. The claims arising from this contract shall become statute-barred three years after the claim arises or after knowledge. The period of limitation shall be calculated in accordance with the general provisions of the German Civil Code (§ 199 BGB).
Limitation. Subject to applicable law, no action, regardless of form, arising out of this Agreement may be brought by Customer more than two (2) years after the cause of action arose.
Limitation. 14.1 Obvious defects of the rented vehicle the renter has to notify AWOMI immediately in writing. For this purpose, it is essential to timely dispatch of the notification by the renter. For compliance with the promptness, it depends on the timely dispatch of the notification by the renter. If AWOMI cannot remedy, because there was no notification by the renter, the renter has no claim.
14.2 The contractual rights of the renter shall lapse within 12 months.
14.3 Claims for damages by AWOMI due to changes or deteriorations of the rental case lapse at the earliest after expiry of 12 months. The period begins with the return of the vehicle to the agreed rental station.
14.3.1 If an accident is recorded by the police, claims for damages by AWOMI against the renter will only be due when AWOMI had the opportunity to inspect the investigation file. The limitation period begins accordingly at this day. AWOMI agrees to promptly and strongly seek access to the file. The renter will be informed immediately about the date of inspection. The limitation period begins no later than 6 months after the return of the rental vehicle
14.4 Contractual claims by the renter expire after 6 months. This includes pre-, post- and ancillary contractual obligations by AWOMI, except for a willful misconduct after the contractual return of the rental vehicle provided.
Limitation. All claims against the Carrier shall be barred by limitation within 12 months, unless compulsory regulations of CMR or other mandatorily applicable regulation fields provide for differing limitation periods. The limitation period starts to run as soon as the entitled person gets knowledge about the claim, at the latest however, with the delivery of the goods forwarded.
Limitation. (1) The mutual claims of the Parties to the contract expire according to the legal regulations, unless determined otherwise in the following.
(2) Notwithstanding § 438 para 1 No. 3 BGB, the general period of limitation for defect claims is 3 years from the transfer of risk. If an acceptance inspection is agreed, limitation begins with the acceptance. The 3-year period of limitation also applies accordingly to claims for legal defects, whereby the legal period of limitation for third party in rem claims for return (§ 438 para 1 No. 1 BGB) remains unaffected; claims for legal defects also never expire as long as the third party – particularly due to the lack of a limitation period – can still make claims against us.
(3) The limitation periods of commercial law, including the above extension apply – to the legal extent – to all contractual defect claims. Insofar as we are also entitled to non-contractual claims for compensation due to a defect, the regular legal limitation period (§§ 195, 199 BGB) applies, if the application of the limitation periods of commercial law do not lead to a longer limitation period in an individual case.
Limitation. 7.5 Einschränkung. Upgrades may require Customer to agree to additional or alternative terms and conditions other than as set out in this Agreement. Upgrades können die Zustimmung des Kunden zu Lizenzbestimmungen erforderlich machen, die über die vorliegende Vereinbarung hinausgehen oder Teile der Vereinbarung ersetzen. In the event iGrafx does not provide additional license terms for the relevant Upgrade, the license terms applicable to the Software shall apply to such Upgrade. Falls iGrafx keine zusätzlichen Lizenzbestimmungen für ein Upgrade vorlegt, gelten die für die Software gültigen Lizenzbestimmungen auch für das entsprechende Upgrade. Nothing in this Agreement shall be construed to warrant or imply that Upgrades will be developed for any iGrafx product or, if developed, when such Upgrades will be made commercially available. Nichts in dieser Vereinbarung soll als explizite oder implizite Verpflichtungserklärung verstanden werden, dass Upgrades für die Produkte von iGrafx entwickelt werden oder wann derartige Upgrades, falls sie entwickelt werden, für den gewerblichen Einsatz verfügbar sein werden.
Limitation. (1) The mutual claims of the contracting parties shall become statute- barred in accordance with the statutory provisions, unless otherwise stipulated below.
(2) Notwithstanding Section 438 (1) No. 3 of the German Civil Code (BGB), the general limitation period for claims for defects (warranty period) shall be 3 years from the passing of risk. If acceptance has been agreed, the limitation period shall commence upon ac- ceptance. The 3-year limitation period shall also apply mutatis mu- tandis to claims arising from defects of title including intellectual property rights, whereby the statutory limitation period for third party claims in rem for surrender of goods (Section 438 (1) No. 1 of the German Civil Code (BGB)) shall remain unaffected; in addition, claims arising from defects of title shall not become time-barred in any case as long as the third party can still assert the right against us - in particular in the absence of a limitation period.
(3) The statute of limitations shall be suspended upon receipt by the Seller of a written notice of defect. In the event of subsequent per- formance, the limitation period for replaced or repaired parts shall start anew, unless the Seller was recognizably not obliged to provide subsequent performance (goodwill service).
(4) The limitation periods of the law on sales including the above exten- sions shall apply - to the extent provided by law - to all contractual claims for defects. Insofar as we are also entitled to non-contractual claims for damages due to a defect, the regular statutory limitation period (§§ 195, 199 BGB) shall apply to these, unless the application of the limitation periods of the law on sales leads to a longer limita- tion period in individual cases.
Limitation. (1) The mutual claims of the contracting parties shall become statute- barred in accordance with the statutory provisions, unless otherwise stipulated below.
(2) Notwithstanding Section 438 (1) No. 3 of the German Civil Code (BGB), the general limitation period for claims for defects (warranty period) shall be 3 years from the passing of risk. If acceptance has been agreed, the limitation period shall commence upon ac- ceptance. The 3-year limitation period shall also apply mutatis mu- tandis to claims arising from defects of title including intellectual property rights, whereby the statutory limitation period for third party claims in rem for surrender of goods (Section 438 (1) No. 1 of the German Civil Code (BGB)) shall remain unaffected; in addition, claims arising from defects of title shall not become time-barred in any case as long as the third party can still assert the right against us - in particular in the absence of a limitation period.