Material Defects. The exhibitor must contest material defects immediately to LMS both verbally and in writing. The exhibitor can only de- rive claims from these if LMS does not remedy them within a reasonable period, or if remedy is not possible or has been refused. However, the exhibitor is only entitled to cancellation without notice or to an appropriate reduction in rent. Further liability of LMS is excluded unless the defect is due to gross negligence or wilful intent on the part of LMS or their vicarious agents, or to the lack of guaranteed quality. § 536 of the Ger- man Civil Code and the terms of 5.1 are unaffected.
Material Defects. 6.1. All statements with regards to the products and possible services are merely descriptions. They are not a guarantee declaration.
Material Defects. The Supplier shall be liable for material defects (hereinafter: Defects) as follows:
1. All parts or services where a Defect becomes apparent within the limitation period shall, at the discretion of the Supplier, be repaired, replaced, or provided again free of charge irrespective of the hours of operation elapsed, provided that the reason for Defect had already existed at the time when the risk passed.
2. Claims based on Defects of new products are subject to a limitation period of 12 months, for used products to thirty days after recipt by Purchaser. This provision shall not apply where longer periods are prescribed by law according to Sec. 479 para. 1 (right of recourse), German Civil Code (hereinafter: BGB), as well as in cases of injury of life, body or health, or where the Supplier intentionally or grossly negligently fails to fulfil its obligation or fraudulently conceals a Defect. The legal provisions regarding suspension of expiration (“Ablaufhemmung”), suspension (“Hemmung”) and recommencement of limitation periods remain unaffected.
3. The Purchaser shall notify Defects to the Supplier in writing and without due delay.
4. In the case of notification of a Defect, the Purchaser may withhold payments to a reasonable extent taking into account the Defect occurred. The Purchaser, however, may withhold payments only if the subject-matter of the notification of the Defect occurred is justified beyond doubt. Unjustified notifications of Defect shall entitle the Supplier to have its expenses reimbursed by the Purchaser.
5. The Supplier shall first be given the opportunity to supplement its performance (“Nacherfüllung”) within a reasonable period of time.
6. If supplementary performance is unsuccessful, the Purchaser shall be entitled to cancel the contract or reduce remuneration, irrespective of any claims for damages it may have according to Art. X.
7. There shall be no claims based on Defect in cases of insignificant deviations from agreed quality, of only minor impairment of usefulness, of natural wear and tear or damage arising after the transfer of risk from faulty or negligent handling, excessive strain, unsuitable equipment, defective installation, or from particular external influences not assumed under the contract, or from non- reproducible software errors. Claims based on defects attributable to improper modifications or repair work carried out by the Purchaser or third parties and the consequences thereof shall be likewise excluded. Furthermo...
Material Defects. (1) Specified characteristics
(2) Untersuchungs- und Rügepflicht des Bestellers Die Mängelansprüche des Bestellers setzen voraus, dass er seiner gesetzlichen Untersuchungs- und Rügepflicht (§§ 377, 381 HGB) nachgekommen ist. Bei zum Einbau oder Weiterverarbeitung bestimmten Waren hat eine Untersuchung der Waren in jedem Fall unmittelbar vor der Verarbeitung zu erfolgen. Zeigt sich bei der Lieferung, der Untersuchung oder zu irgendeinem späteren Zeitpunkt ein Mangel, so ist uns hiervon unverzüglich schriftlich Anzeige zu machen. In jedem Fall sind offensichtliche Mängel innerhalb von 10 Tagen ab Ablieferung beim Besteller und bei der Untersuchung nicht erkennbare Mängel innerhalb von 7 Tagen ab Entdeckung schriftlich anzuzeigen. Unterlässt der Besteller die ordnungsgemäße Untersuchung und/oder rechtzeitige Mängelanzeige, gilt unsere Lieferung als vertragsgemäß und mangelfrei erbracht. Unsere Haftung ist für den nicht bzw. nicht rechtzeitig oder ordnungsgemäß angezeigten Mangel ausgeschlossen.
(3) Unerhebliche Mängel
Material Defects. The exhibitor must contest material defects immediately to LMS both verbally and in writing. The exhibitor can only de- rive claims from these if LMS does not remedy them within a reasonable period, or if remedy is not possible or has been refused. However, the exhibitor is only entitled to cancellation
Material Defects. 8.1. The supplier warrants that the contractual products will be free of defects for the duration of the warranty period.
8.2. A defect is any deviation of a contractual product from the order, regardless of the cause, whether the supplier is at fault and whether such a deviation already existed upon acceptance of the delivery. Deviations from the order include where a contractually defined characteristic or the grade and quality defined in the contract are lacking, or that a characteristic is lacking which Tegometall should have expected to be present in good faith without needing this to be specially agreed (such as fitness for contractually agreed or normal use). The supplier likewise warrants that all statutory and regulatory standards and regulations applicable at the time of delivery of the contractual products were adhered to, that they were manufactured in accordance with the accepted state-of-the-art, that all health & safety, product safety and occupational security requirements were adhered to and that all services were performed appropriately, properly and in a functional manner.
8.3. The warranty period for the contractual products commences when the contractual products have been delivered to Tegometall in compliance with the contract and ends 36 (thirty six) months hereafter.
8.4. Tegometall is entitled to report defects of any type at any time during the entire warranty period. Tegometall is consequently released from the statutory inspection and reporting obligations.
8.5. The supplier is obligated to rectify free of charge or replace defective workmanship and goods without delay at Tegometall’s discretion. If the supplier is not in a position to remedy reported defects within a reasonable period, Tegometall is entitled to either a) remedy the defect themselves or have the defect remedied by a third party at the expense of the supplier, b) demand a reasonable reduction in the purchase price, or c) rescind the order.
8.6. The supplier shall bear all expenses of rectifying the defects.
Material Defects. (1) Quality specifications
(2) Duty of the purchasing party to carry out an inspection and give notice of defects The purchasing party must inspect our deliveries and review our services immediately upon receipt and report any visible defects in writing within a period of two weeks after delivery. Defects which were undiscovered within this period, even after careful inspection, must be reported Eine weitere Mahnung oder Fristsetzung ist hierfür nicht erforderlich. Die Geltendmachung von Eigentumsvorbehaltsrechten durch uns gilt nicht als Rücktritt vom Vertrag.