Warranties. 9.1 By submitting an application to enter into the Loan Agreement, the Customer, undertakes and agrees that he or she:
(i) has provided true, correct and complete information to Ferratum and that he or she will inform Xxxxxxxx without undue delay whenever there is a change to such information or in the event that he or she notices that any information submitted was erroneous or otherwise untrue, incorrect or incomplete;
(ii) that the bank account provided to Ferratum for disbursement and repayment purposes is held in the Customer’s own name with a reputable bank established in the European Union. Customer acknowledges and accepts that in case of change in personal bank account details he or she may be requested to verify such details in the manner required by Ferratum;
(iii) has entered into this Loan Agreement of his or her free will and has not concluded the Loan Agreement under threat, duress, or in distress or under strikingly unfavourable conditions with regard to his or her personal and financial circumstances;
(iv) has read the Loan Agreement and understands the information provided therein;
(v) is not a Politically Exposed Person (a natural person who is or has been entrusted with a prominent public function, and includes such individual’s immediate family members or persons known to be close associates of such persons) unless otherwise declared specifically to Ferratum;
(vi) is not obtaining the loan for the benefit of or on behalf of somebody else. If the Customer is obtaining the Loan or otherwise acting on behalf of another person, he or she shall inform Xxxxxxxx immediately, in which case the Customer understands that additional measures will have to be applied, and accepts that Ferratum may refuse to enter into the Loan Agreement or grant a Loan or may, if granting a Loan, impose additional conditions on both the Customer and his or her principal;
(vii) understands that short-term borrowing may carry with it certain risks since it is designed to suit liquidity needs over short periods of time and may carry higher interest rates than long term borrowing. Consequently using short-term borrowing over a long period of time and to address long-term financial needs may lead to increased financial pressures.
9.2 Without prejudice to the other rights or remedies of Ferratum, the Customer will indemnify and hold harmless Ferratum against any damages or liabilities, which Ferratum may incur as a result of or in relation to any culpable breach of the un...
Warranties. 7.1 The Agent (Management Consultant) shall be entitled and obligated, regardless of fault, to correct any errors and/or inaccuracies in the Agent’s work which have become known subsequently. The Agent shall immediately inform the Principal thereof.
7.2 This right of the Principal expires six months after completion of the respective service.
Warranties. 6.1 The statutory warranty rules and regulations shall apply.
6.2 The warranty period shall be 12 months or – if longer – the applicable statutory minimum warranty period, starting with the passing of risk to the Customer.
Warranties ays from discovery.
(1) Der AN steht dafür ein, dass die Kaufsache die vertraglich verein- barte Beschaffenheit aufweist, für die nach dem Vertrag voraus- gesetzte Verwendung geeignet ist und dem Stand der Technik und allen einschlägigen privatrechtlichen und öffentlich- rechtlichen Normen entspricht. Der AN steht ferner dafür ein, dass durch seine vertragliche Leistung keine Rechte Dritter – insbe- sondere keine Schutz-, Urheber- oder Patentrechte – verletzt werden. Die Dauer der Verjährungsfrist für Mängelansprüche be- stimmt sich nach § 438 BGB.
(2) Der AN trägt im Fall der Nacherfüllung n ben den in § 439 Abs. 2 BGB genannten Aufwendungen auch die Kosten für den Aus- und Einbau der mangelhaften Kaufsache. Er ist ferner verpflichtet, Schäden an sonstigen Gegenständen infolge des Aus- und Ein- baus der mangelhaften Kaufsache zu ersetzen und stellt den AG insoweit von Ansprüchen Dritter frei. Liefert der AN statt der man-
(1) The AN warrants that the object of purchase possesses the con- tractually ag eed properties, is fit for the contractually intended purpose and in accordance with the state of the art and all appli- cable private-law and public-law standards. The AN further war- rants that no rights of third parties - including trade mark rights, copyrights a d patent rights – shall be violated as a result of its contractual performance. The limitation period for defect claims shall be go erned by Sectiion 438 of the German Civil Code (BGB).
(2) In the event of remedial performance, the AN shall bear the ex- penses under Section 439 pa ra. 2 BGB in addition to the costs for removal and installation of the defective object of purchase. The AN shall also be obliged to compensate for any damages to other objects that may result from the removal and installation of the de- fective object of purchase and shall indemnify the AG from all gelhaften eine mangelfreie Kaufsache, kann er vom AG einen third-party c aims in this respect. If the AN delivers a non- Nutzungsersatz nicht verlangen.
(3) Erfüllungsort der Nacherfüllung ist der Ort, an dem sich die Kauf- sache gemäß ihrer Zweckbestimmung befindet. Ist die Kaufsache bei Dritten eingebaut, erfolgt die Nacherfüllung in Abstimmung mit diesen und unter Wahrung ihrer Belange. defective instead of the defective object of purchase, the AN shall not be entitled to demand co mpensation for use from the.
(3) The place of performance for remedial performance shall be the place where the object of pu rchase is located...
Warranties. 7.1 Any recognizable defects must be asserted in writing without delay after the deliver has been made or the service has been performed (e.g. repairs, assembly) within the meaning of Sec. 377 HGB (German Commercial Code), at the latest within 8 days.
7.2 Special characteristics of the delivered products only become the content of the agreement if they are expressly confirmed by us in writing.
7.3 All information on suitability, processing and use of our products, technical advice and other information are provided to the best of our knowledge, however this does not exempt the customer from making own checks and tests. This applies in particular to equipment or facilities that we do not supply, however which are used by the customer in connection with our delivery.
7.4 Wearing parts are not covered by any warranty.
7.5 The right of the ordering party to assert claims resulting from defects is limited in all cases to twelve months from delivery.
7.6 No warranty is assumed for damages that result for the following reasons: Unsuitable or inappropriate use, defective assembly or equipment taken into operation by non-qualified staff, natural wear and tear, defective or negligent treatment, unsuitable consumables, defective storage, inappropriate interference with the products.
7.7 In the event of a justified complaint, we will, at our discretion, repair the defect, supply a replacement, or accept return of the delivery against a credit note. All other claims are excluded. The customer’s right to demand a reduction in the purchase price or reversal of the order after an unsuccessful repair attempt or a defective replacement delivery is not affected.
Warranties. 7.1. Warranties relating to the quality of goods The seller warrants that all items delivered under this agreement will be free from defects in material and workmanship, conform to applicable specifications, and, to the extent that detailed designs have not been furnished by the buyer, will be free from design defects and suitable for the purposes intended by the buyer. Seller’s warranties hereunder shall extend to any defect or non – conformity arising or manifesting itself within two years after delivery. With respect to items not in accordance with any such warranties, the buyer, oder eine Ersatzlieferung zu verlangen, wofür der Ver- käufer die Kosten zu tragen hat. Alle Ersatzlieferungen oder Reparaturen sind ebenfalls Bestandteil dieser in den Allgemeinen Einkaufsbedingungen niedergeleg- ten Mängelgewährleistung.
Warranties. SELLER will either provide a warranty (which shall not be less favourable than any statutory warranties) for the Goods or pass through any applicable manufacturer's warranty to the benefit of BUYER. If any such manufacturer's warranty is not assignable, SELLER shall assist BUYER in pursuing any warranty claim against the manufacturer on BUYER's behalf.
Warranties. (1) The AN warrants that the object of purchase possesses the contractually agreed properties, is fit for the contractually intended purpose and in accordance with the state of the art and all applicable private-law and public-law standards. The AN further warrants that no rights of third parties - including trade mark rights, copyrights and patent rights – shall be violated as a result of its contractual performance. Acceptance or approval of samples or samples submitted does not constitute a waiver of warranty claims.
(2) The limitation period for defect claims shall be governed by Section 438 of the German Civil Code (BGB).
(3) In the event of remedial performance, the AN shall bear the expenses under Section 439 para. 2 BGB in addition to the costs for removal and installation of the defective object of purchase. The AN shall also be obliged to compensate for any damages to other objects that may result from the removal and installation of the defective object of purchase and shall indemnify the AG from all third-party claims in this respect. If the AN delivers a non-defective instead of the defective object of purchase, the AN shall not be entitled to demand compensation for use from the.
(4) The place of performance for remedial performance shall be the place where the object of purchase is located according to its intended purpose. If the object of purchase is installed in a building of third parties, remedial works shall be effected in agreement with the latter and with protection of their interests.
(5) Upon receipt of the written notification of defects by the AG by the AN, the statute of limitations for warranty claims is suspended until the AN rejects the claims, declares the defect to have been remedied or otherwise refuses to continue negotiations on the claims raised. In the case of replacement delivery and removal of defects, the warranty period for replaced and reworked parts begins again, unless the contractor has made the replacement delivery or removal of defects only for reasons of goodwill or similar reasons and has previously notified the client of this.
(6) The AN shall assign to the AG on account of performance any claims it may have against its subcontractors based on defects, warranty or damages, and the AG shall accept such assignment upon conclusion of the purchase agreement. The AN shall be authorized to assert such claims against its subcontractors until further notice.
Warranties. 9.1 Der Lieferant gewährleistet gegenüber HQM, dass:
(a) sich die Waren für den beabsichtigten Verwendungs- zweck eignen und neu, marktgängig, von guter Qualität und frei von Mängeln in Design, Material, Konstruktion und Herstellung sind;
9.1 Supplier represents and warrants to HQM that:
(a) all Goods are suitable for the intended use and shall be new, merchantable, of good quality and free from all defects in design, material, construc- tion and workmanship;
(b) die Waren streng den Spezifikationen, genehmigten Mustern und allen weiteren sich aus dem Vertrag erge- benden Anforderungen entsprechen; (c) alle erforderlichen Lizenzen hinsichtlich der Waren ver- fügbar und gültig sind und bleiben, der Umfang der Lizen- zen die beabsichtigte Nutzung der Waren ordnungsgemäß abdeckt und die Lizenzen das Recht auf Übertragung und Unterlizenzierung beinhalten;
Warranties. 1. In case of material defects or defects of title, the statutory legal provisions shall apply, unless otherwise set forth in the following. In any case, the statutory provisions of Article 478, 445a and 445b of the BGB remain unaffected.
2. SMA’s warranty is excluded in case of the use of products in medical applications, in railway traffic or aviation or similar use. In the case of resale, the Customer has to explicitly mention such lack of suitability and to impose on the buyer a corresponding obligation applying in the case of a further resale so that each buyer of products is informed about this specific circumstance.
3. It shall be the Customer's responsibility to check the delivered goods and notify SMA in writing about any defects or false or incomplete deliveries without undue delay, however not later than ten (10) working days after handover or, in the case of hidden defects, within ten (10) working days from the date of obtaining knowledge of the defects or the date on which the defects would have been discovered through the exercise of reasonable investigations. If the Customer does not notify SMA in writing in due time, the delivered goods are deemed fully accepted.
4. SMA shall be entitled to remedy the defects of the delivered goods, in its own discretion, by repairing the delivered goods or by delivering non-defective goods. If SMA fails to remedy the defect (Article 440 of the BGB), the Customer shall, at its option, either reduce the purchase price or withdraw from the contract. In the case of insignificant defects, the right of the Customer to withdraw from the contract is excluded.
5. SMA is entitled to make its remedial action subject to the condition that the Customer pays the remuneration that is due. However, the Customer shall be entitled to retain an appropriate part of the remuneration in proportion to the defect.
6. The Customer has to provide SMA with appropriate time to remedy the defects and, in particular, has to handover, or to make accessible to SMA, the defective goods for the purpose of performing a review. In case of a replacement delivery, the Customer has to return to SMA the defective goods in accordance with the statutory legal provisions, unless SMA waives its rights in this respect.
7. SMA’s obligation to remedy the defects shall neither include the disassembly of the defective good nor the reassembly unless SMA has explicitly assumed an obligation to assemble in the underlying contract. ALBGER201811
8. Customer's...