Warranty Musterklauseln

Warranty. 11.1 Subject to the below provisions, Seller shall undertake to remedy any defect affecting the fitness for use which is due to a deficiency in design, material or workmanship. Seller shall also be responsible for any defects concerning expressly requested properties. 11.2 The above obligation shall only apply to such defects that appear within a period of one year, when working a one-shift operation, as of the passage of risk, or as of the completed assembly, in case of a delivery with assembly respectively. 11.3 Buyer may claim the present article only if he informs Xxxxxx in writing and without delay of any defects that have appeared. The arrangements on presumption according to § 924 of the Austrian General Civil Law Code are excluded. Once Seller has been informed of defects in this way, Seller shall - if the defects must be remedied according to the provisions of the present article -at Seller's choice: a) rework the defective goods on site; b) have the defective goods or the defective parts shipped back for reworking; c) replace the defective parts; d) replace the defective goods. 11.4 If Seller arranges for the defective goods or parts to be returned to Seller for the purpose of reworking or replacement, Buyer shall bear the costs and the risk of the transport, unless otherwise agreed. The re-shipment of the reworked or replaced goods or parts to Buyer shall be at Seller's costs and risk, unless otherwise agreed. 11.5 The defective goods or parts, which are replaced according to the present article, shall be at Seller's disposal. 11.6 Seller shall only refund any costs for remedying a defect, undertaken by Xxxxx himself, if Xxxxxx has agreed to this procedure in writing. 11.7 Seller's warranty obligation shall only apply to defects that appear when observing the applicable operating conditions and putting the item to normal use. His obligation shall, in particular, not apply to defects that are due to inadequate installation on the part of Buyer or Buyer's representative, inadequate maintenance, inadequate repairs or modifications undertaken by other persons than Seller or Seller's representative without the written agreement of Seller, normal wear. 11.8 Seller shall be liable for those parts of the goods that Seller obtained from subcontractors prescribed by Xxxxx only to the extent of Seller's own warranty claims vis-à-vis the sub-contractor. If Seller produces items on the basis of Xxxxx'x design data, drawings or models, Seller's liability shal...
Warranty. The buyer’s statutory rights with regard to defects shall apply if the appliance is defective. The buyer may exercise any of these rights free of charge. You shall assert these rights against your contract partner, i.e. the dealer from whom you purchased the appliance. The contractual arrangements between you and the dealer shall be observed. Your statutory rights with regard to defects are in no way restricted or affected by this warranty. We as the manufacturer have voluntarily and additionally taken on the warranty service.
Warranty. In accordance with the provisions below, the CN is obliged to rectify any defect adversely affecting the serviceability that is due to an error in the design, material or execution. The CN must also answer for defects in expressly stipulated product properties. The goods must be inspected by the CS immediately upon their arrival at the destination. The duty of inspection shall also apply even if type samples have been supplied. The delivered goods shall be deemed to have been approved if the CN does not receive any notification of defects within 8 working days of the arrival of the goods at the destination. Hidden defects that cannot be discovered during the immediate inspection can only be asserted against the CN if notification of the defect is received by the CN within 3 months of the arrival of the goods at the destination. Der AG kann sich auf diesen Artikel nur berufen, wenn er dem AN unverzüglich schriftlich die aufgetretenen Mängel bekannt gibt. Die Vermutungsregel des § 924 ABGB wird ausgeschlossen. Der auf diese Weise unterrichtete AN muss, wenn die Mängel nach den Bestimmungen dieses Artikels vom AN zu beheben sind, nach seiner Xxxx: a) die mangelhafte Ware an Ort und Stelle nachbessern; b) sich die mangelhafte Ware oder die mangelhaften Teile zwecks Nachbesserung zurücksenden lassen; c) die mangelhaften Teile ersetzen; d) die mangelhafte Ware ersetzen. Lässt sich der AN die mangelhaften Waren oder Teile zwecks Nachbesserung oder Ersatz zurücksenden, so übernimmt der AG, falls nichts anderes vereinbart wird, Kosten und Gefahr des Transportes. Die Rücksendung der nachgebesserten oder ersetzten Waren oder Teile an den AG erfolgt, falls nichts anderes vereinbart wird, auf Kosten und Gefahr des AN. Die gemäß diesem Artikel ersetzten mangelhaften Waren oder Teile stehen dem AN zur Verfügung. Für die Kosten einer durch den AG selbst vorgenommenen Mängelbehebung hat der AN nur dann aufzukommen, wenn er hierzu seine schriftliche Zustimmung gegeben hat. Die Gewährleistungspflicht des AN gilt nur für die Mängel, die unter Einhaltung der vorgesehenen Betriebsbedingungen und bei normalem Gebrauch auftreten. Sie gilt insbesondere nicht für Mängel, die beruhen auf: schlechter Aufstellung durch den AG oder dessen Beauftragten, schlechter Instandhaltung, schlechten oder ohne schriftlicher Zustimmung des AN ausgeführten Reparaturen oder Änderungen durch eine andere Person als den AN oder dessen Beauftragten, normaler Abnützung. Für diejenigen Teile der Ware, die...
Warranty. All consignments shall be shipped at Customer’s risk. Any externally visible defects must be confirmed by the shipping company. In case of hidden defects, the ship- ping company must be asked to record the defect immediately after being detected.
Warranty. 13.1. If the Customer is a consumer, the statutory warranty provisions shall apply. 13.2. If the Customer is an entrepreneur, the following shall apply:
Warranty. 1. Unless otherwise agreed, the warranty period shall be 12 months from the handover/delivery of the object of purchase to the Buyer; for spare parts as well as for repairs and spare parts deliveries made after the expiry of the original warranty period, the warranty period shall be 6 months. Excluded from this are claims for defects by consumers as well as claims for damages due to injury to life, body or health and/or claims for damages due to grossly negligent or intentional damage caused by us. In this respect, the statutory limitation periods shall apply. 2. Our warranty extends exclusively to material and manufacturing defects. 3. The warranty shall commence on the date of delivery in the case of materials, software, components, spare parts and instruments, and on the date of completion of our activities in the case of measures whose assembly or installation is carried out by us. This shall be notified by us in writing, otherwise from the date of acceptance. Material- related deviations in quality, dimensions and quantities shall not constitute grounds for complaint. Liability for defects under the warranty does not apply to natural wear and tear, nor to damage occurring after delivery as a result of incorrect or negligent handling, excessive stress, chemical, electrochemical, electrical or atmospheric influences. 4. If the complaint about the goods is based on drawings made by us, complaints relating to the drawings are excluded insofar as the customer approved the drawings before the work was carried out. 5. We warrant that the software conforms to the specifications set out by us in the associated programme documentation and has been produced with due care and skill. Nevertheless, according to the current state of the art, the complete exclusion of errors in the software is not possible. The responsibility for the selection of the software functions, the use as well as the results achieved with it is borne by the purchaser. We shall correct software errors which impair the intended use to a more than insignificant extent, at our discretion and depending on the significance of the error, either by supplying an improved software version or by providing information on how to eliminate or circumvent the effects of the error. 6. In the case of components and instruments, any warranty shall lapse if a component or instrument is tampered with without our prior express written consent. In addition, the warranty shall expire if the service and maintenance ...
Warranty. For the event of non-performance or inadequate performance, the Customer shall have a warranty claim. The Customer hereby agrees that, instead of the Customer’s claim to contract cancellation or price reduction, the Tour Operator shall provide services free from deficiencies, or shall rectify the inadequate services, within a reasonable period. Redress may be provided by remedying all deficiencies or by providing a substitute service that is of equal or higher value and meets with the Customer’s explicit consent.
Warranty. The statutory warranty rights apply.
Warranty. 9.1 Subject as hereinbefore provided ASK4 warrants to the Customer that the Service and Additional Services shall be supplied with all due care and skill and to the standard of a competent and diligent Internet services provider. ASK4 does not guarantee that there will never be an interruption or any disruption to the Service and/or Additional Services. ASK4 shall use all reasonable and commercially sensible endeavours to ensure that any such interruptions or disruptions are kept to an absolute minimum but the Customer shall not be entitled to any refund of the Service Fee or any other compensation in the event of an interruption or disruption to the Service and/or Additional Services.
Warranty. 1. The purchaser is always obligated to immediately inspect all goods delivered by us, even if they are still in packaging. Clearly visible defects must be reported in writing within a week of the day of delivery at the latest. Hidden defects must be reported in writing by the contracting party within a week of their discovery at the latest. The contracting party is obligated to provide a detailed description in writing of the reported defect. If the report is omitted or delayed, the contracting party shall waive their claim to defects in the purchased item. Any processing of a notice of defects by us, in particular, the examination of the goods after return by the contracting partner, in no way means that the contracting partner has waived their obli- gation to notify us of the defects. If an inspection has been agreed, it must be carried out in our factory by the purchaser or by an agent or by a third party. Clearly visible defects must be immediately reported. 2. We guarantee that the items delivered by us are free from material defects. The standard for the contrac- tual conformity of the delivered products is the respective descriptions of the products and their purpose as described in the contract that we concluded with the customer. Insignificant changes to the goods in terms of construction, shape and design or the values as stated in the description, as well as insignificant changes to our services must be accepted by the customer if they are reasonable or if it involves standard quantity, quality or design-related tolerances. We shall only provide assembly instructions if expressly agreed in writ- ing. 3. Information that we provide in text or drawing form, e.g. in catalogs, descriptions, illustrations and draw- ings, as well as any dimensions, weight and performance data, shall only characterize the quality of our products and do not represent any guarantee of properties or guarantees. Our employees, sales represent- atives or other sales agents are not authorized to declare any guarantees or warranties. The presentation of patterns or samples does not in itself constitute a guarantee or promise. Changes to technical data and designs that serve to promote technical progress shall remain unaffected. 4. In addition, warranty claims are excluded if the errors occurred due to natural wear and tear of the pur- chased item, as a result of incorrect or negligent handling, as a result of defective or improper maintenance, improper use or unsuitable use,...