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. 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. 9.1 The statutory regulations shall apply to the relationship between BFTS and the pur- chaser, unless otherwise agreed in the following. Product descriptions and guaranteed qualities remain unaffected by this. Notification of material or legal defects must be made to BFTS in writing immediately, at the latest within 2 weeks after the purchaser has discovered the defect. BFTS is to be notified of any activated “Shock and Tilt-Watch” stickers (cf. Fig. 8.6) without delay, within 3 working days at the most after receipt of the goods. The purchaser’s obligations to inspect the goods and give notice of any defects in accordance with §§ 377, 381 BGB (Civil Code) shall apply. Independent of its obligations to inspect the goods and serve notice of any defects, the purchaser is obliged to report any obvious defects (including false deliveries and short deliveries) to BFTS in writing without delay, at the latest within 2 weeks after the receipt of the goods. This is particularly true with regard to obvious defects that result from the dispatching of the goods. Should the purchaser fail to carry out an orderly inspection of the goods and/or to report the defects, then BFTS shall be excluded from any liability for the defect that has not been reported or for false or short deliveries.
9.2 BFTS is entitled to a supplementary performance option (later delivery or remediation). BFTS will bear the costs for the supplementary performance, provided that this does not result in an unreasonable burden (cf. § 439 (3) BGB (Civil Code)). This includes costs for dispatching.
9.3 The cession of warranty rights of the purchaser against BFTS is not permitted.
9.4 BFTS’s warranty obligations shall be waived in particular in cases of failure to observe the operational and maintenance instructions, especially the non-observance of the IN- FOOT Operation Manual, the non-observance of training measures arranged and rec- orded by BFTS, alterations to either the products or services undertaken by either the purchaser or any third parties, usage contrary to the terms of the contract, in particular modifications and errors that occur during installation, damages due to normal wear and tear, humidity, extreme heat or extreme cold in the rooms, any other improper ex- ternal influences or improper usage on the part of the purchaser. Warranty obligations shall in particular be waived in cases in which the goods have been dispatched and transported in an incorrect manner by the purchaser itself...
Warranty. 7.1. Immediately upon delivery, the customer shall carefully inspect the delivery received for quantity, quality and defects. The customer shall notify sphingotec of obvious defects in writing. The notification is to be sent to sphingotec GmbH, Xxxxxxxxxxxxxxx 00 X, 00000 Xxxxxxxxxxx, Xxxxxxx, or by e-mail to the following address: xxxxxxxx.xxxxxxx@xxxxxxxxxx.xx, and shall be sent immediately, but at the latest within 10 days after receipt of the delivery, stating the invoice number von Rechnungsnummer und Rechnungsdatum zu melden. Versteckte Mängel sind ebenfalls unverzüglich, spätestens innerhalb von 10 Tagen nach Entdeckung des Mangels zu rügen.
7.2. Auf Verlangen von sphingotec hat der Kunde sphingotec zur Überprüfung der Beanstandung Belege wie Lieferscheine und Packzettel in Kopie einzusenden sowie etwaige auf Packungen befindliche Signaturen anzuzeigen oder die Lieferung sphingotec zur Nachbesserung zuzusenden. Zudem hat der Kunde den Mangel so zu beschreiben, dass sphingotec den Mangel nachvollziehen kann.
7.3. Die Gewährleistungsfrist für von sphingotec erbrachte Lieferungen und Leistungen beträgt 12 Monate. Eine Ausnahme hiervon gilt für in-vitro diagnostische Produkte, die ein Verfallsdatum haben. Für diese ist die Gewährleistungsfrist durch das Verfallsdatum bestimmt.
7.4. Bei mangelhafter Lieferung kann sphingotec zunächst nach ihrer Xxxx nachbessern oder nachliefern (Nacherfüllung). sphingotec hat das Recht, eine fehlgeschlagene Nacherfüllung zweimal zu wiederholen. sphingotec kann die Nacherfüllung verweigern, wenn sie mit unverhältnismäßigen Kosten verbunden ist.
7.5. Ist die Nacherfüllung fehlgeschlagen, verweigert, unzumutbar oder hat der Kunde sphingotec erfolglos eine angemessene Frist zur Nacherfüllung gesetzt oder ist eine Fristsetzung entbehrlich, ist der Kunde berechtigt, Minderung zu verlangen oder vom Vertrag zurückzutreten. Das Recht, Schadensersatz oder Ersatz für vergebliche Aufwendungen zu verlangen, bleibt unberührt und richtet sich nach Ziffer 8. and date. Hidden defects must also be reported immediately, at the latest within 10 days after discovery of the defect.
7.2. At the request of sphingotec, the customer shall send sphingotec documents such as delivery notes and packing notes as a copy for the purpose of evaluating the complaint, and shall indicate any signatures found on packages or send the delivery to sphingotec for rectification. In addition, the customer must describe the defect in such a way that sphingotec is a...
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. 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. 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. 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,...
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.