Warranty for defects. 1. The purchaser’s rights under the warranty require that the purchaser has properly fulfilled its inspection and notification obligations under Sections 377, 381 of the German Commercial Code [HGB]. The purchaser must inspect the merchandise entirely, irrespective of whether the delivery only constitutes a transit transaction for the purchaser. that the merchandise shall be deemed to have been accepted by the purchaser if it has not refused acceptance within a reasonable period of time. Such period is 10 days from receipt of the merchandise. TTI does not waive its right of objection of late notification of defects. Claims due to delay in delivery are excluded unless they are made prior to receipt of the merchandise. Merchandise acceptance constitutes a waiver of any claim due to delay in delivery. Returns shipments will only be accepted if a “Return Material Authorization” has been obtained from TTI in advance. Merchandise must be returned in the original packaging according to the instructions of the office that issued the aforementioned authorization. The return of merchandise in electrostatic packaging will only be accepted if such packaging has not been opened.
Warranty for defects. 1. If goods delivered are not compliant with the contract/purchase order, before start of pro- duction (machining or installation), JOYSON will first grant Supplier an opportunity to repair or replace such non-compliant goods unless Supplier refuses both of the mentioned kinds of supplementary performance pursuant to § 439 sect. 3 BGB [German Civil Code] or if the kind of supplementary performance to which XXXXXX is entitled should fail or be unac- ceptable for JOYSON. Should Supplier be unable to repair or replace such goods or should Supplier fail to act immediately, XXXXXX may opt either to rescind the contract and return the goods delivered to Supplier at Supplier’s expense and risk or to claim a price reduction. In urgent cases, subject to prior agreement with Supplier, JOYSON may undertake the sup- plementary performance itself or have it carried out by a third party. Any cost incurred by such action shall be borne by Supplier. The right of JOYSON to demand indemnity or com- pensation for unsuccessful expenditures shall remain unaffected.
Warranty for defects. 12.1 The statutory provisions shall apply to the rights of the partner in the event of material defects and defects of title (including incorrect and short deliveries as well as improper installation or defective installation instructions), unless otherwise stipulated below.
Warranty for defects. 8.1 The customer‘s rights regarding warranty for defects are contingent upon the customer meeting its obligations regarding inspection and notification properly pursuant to § 377 HGB (German Commercial Code). If the customer intends to implement the supplied goods into another good or real property, the customer is obliged to inspect the supplied goods prior to implementation.