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 proper- ties. 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 assem- bly, in case of a delivery with assembly respectively. 11.3 Buyer may claim the present article only if he informs ▇▇▇▇▇▇ 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 re- turned 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 ▇▇▇▇▇ himself, if ▇▇▇▇▇▇ 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 ▇▇▇▇▇ only to the extent of Seller's own warranty claims vis-à-vis the sub-contractor. If Seller produces items on the basis of Buyer's design data, draw- ings or models, Seller's liability shall not extend to the accuracy of the design but as to whether the workmanship complies with ▇▇▇▇▇'▇ instructions. In such cases, Buyer shall keep Seller harm- less and free from any court action, in the event of an infringement of proprietary rights. When accepting repair jobs or reworking or modifying old as well as third-party goods, or when delivering second-hand goods, Seller shall not accept any warranty. 11.9 As of the beginning of the warranty period, Seller shall not accept any liability that extends beyond the scope defined in the present article.
Appears in 2 contracts
Sources: General Terms and Conditions of Delivery, General Terms and Conditions of Delivery
Warranty. 11.1 Subject to the below provisions, Seller 7.1 Written notice of defects 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 proper- ties.
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 given immediately after receipt of the passage of risk, or as of the completed assem- bly, in case of a delivery with assembly respectively.
11.3 Buyer may claim the present article only if he informs goods. For merchants (▇▇▇▇▇▇ 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 re- turned 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 ▇▇▇▇▇ himself) the obligation to inspect and give notice of defects under Section 377 HGB applies. Where the goods are collected by the Buyer, if ▇▇▇▇▇▇ 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 any obvious defects that are due apparent without inspection (including in particular incorrect deliveries, variances in quantities and apparent damage) are to inadequate installation be detailed in writing on the part acknowledgement of receipt immediately upon collection of the goods. Where goods are shipped, complaints about such defects are to be noted on the acknow- ledgement of receipt or bill of lading prior to unloading and these are to be handed to the carrier. If the Buyer fails to give such notification, the goods are deemed to be approved. The statutory obligations to give notice of defects, which can only be determined in a proper inspection, and of hidden defects that only manifest themselves later, shall remain unaffected.
7.2 The warranty shall not apply if a defect is attributable to a special instruction issued by the Buyer or Buyer's representativethe quality of prior work. If our operating and maintenance instructions are not followed, inadequate maintenancechanges are made to the products, inadequate repairs parts are exchanged or modifications undertaken by other persons than Seller or Seller's representative without consumables are used that do not comply with the written agreement original specifications, the Buyer shall not be entitled to make any claims under the warranty unless he proves that the defect already existed on the transfer of Seller, normal wearrisk.
11.8 Seller shall be liable for those parts of the goods that Seller obtained from subcontractors prescribed by ▇▇▇▇▇ only 7.3 Subject to the extent of Seller's own warranty claims vis-à-vis provision in Section 7.4 the sub-contractor. If Seller produces items on the basis of Buyer's design data, draw- ings or models, Seller's liability following provisions shall not extend to the accuracy of the design but as to whether the workmanship complies with ▇▇▇▇▇'▇ instructions. In such cases, Buyer shall keep Seller harm- less and free from any court action, apply in the event of a defect: We are to be provided with the opportunity to inspect the rejected goods. Insofar as a defect in the goods is established, we shall be entitled, at our option, to render subsequent performance either in the form of rectifying the defect or delivering new goods free of defects. We shall only have to be bear the installation or removal costs incurred in rendering the subsequent performance if we are responsible for the defect. If subsequent performance fails, if we refuse subsequent performance such or such is unacceptable or impossible for us, the Buyer shall be entitled, at his option, to withdraw from the contract or demand a price reduction. In the event of a price reduction the consideration shall be decreased in the ratio that the value of the work in a defect-free condition would have borne to the actual value at the time the contract was concluded. Claims for damages shall only apply within the scope of the liability provisions set forth in Section 9.
7.4 Insofar as there is a defect in a product or a part thereof, which we acquired from a sub-supplier, our claims against sub-suppliers shall be assigned to the Buyer for the purposes of meeting our obligations under the warranty. In this case, the Buyer shall only be entitled to assert warranty claims against us if the out-of-court enforcement of the claims against the sub-supplier has been unsuccessful for an infringement appropriate period of proprietary rightstime or has no prospect of success (particularly because of insolvency). When accepting repair jobs While claims are being asserted against the sub-supplier, the period of limitation for the relevant claims of the Buyer against us is suspended. The suspension ends as soon as enforcement against the sub-supplier has proved to be unsuccessful or reworking impossible. Insofar as the Buyer is entitled to assert warranty claims against us, the provisions set forth in Section 7.3 shall apply in this regard.
7.5 An agreement regarding the quality of the goods to be delivered or modifying old as well as third-party the assumption of a guarantee must be made in writing to be effective.
7.6 We do not warrant that the goods delivered by us are suitable for a purpose unilaterally assumed by the Buyer.
7.7 Any reference to norms generally only includes the more detailed description of the goods, or when delivering second-hand goods, Seller . We reserve the right to make changes to the manufacturing method and design if there is a valid reason for the change and such change is reasonable for the Buyer. Customary breakages and losses shall not accept any warrantybe a cause for complaint. Samples and prototypes shall be regarded as illustrative articles that are not binding and subject to slight variations.
11.9 As of 7.8 Any claims for defects may only be lodged against us by the beginning of the warranty period, Seller shall direct Buyer and are not accept any liability that extends beyond the scope defined in the present articleassignable.
Appears in 2 contracts
Sources: Allgemeine Lieferungs Und Zahlungsbedingungen, Allgemeine Lieferungs Und Zahlungsbedingungen
Warranty. 11.1 Subject to HFS Aichach warrants that the below provisions, Seller shall undertake to remedy any defect affecting products have 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 proper- ties.
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 agreed characteris- tics at the time of the passage of risk, or as the risk and that they are free from defects. The characteristics of the completed assem- bly, object of delivery shall exclusively be determined by the specific agreements made by the parties in case writ- ing with regard to the characteristics and features of a the products. Customer’s warranty rights require that the Customer inspects the ob- ject of delivery with assembly respectively.
11.3 Buyer may claim the present article only if he informs ▇▇▇▇▇▇ upon receipt without undue delay and notifies HFS Aichach about any defects without undue delay in writing; hidden de- fects must be notified in writing and without undue delay upon their dis- covery. If the products are defective, HFS Aichach shall be entitled to remove the defect at its option by remedying the defects or delivery of replace- ment products, both free of charge to Customer. In the event of any defects that have appeared. The arrangements on presumption according to § 924 notification 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 re- turned 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 HFS Aichach shall have the right to inspect and test the products to which objection was made. Upon request of HFS Aichach, Customer shall return the defective products to HFS Aichach at the cost of HFS Aichach. Customer shall grant HFS Aichach the necessary reasonable time and opportunity for remedying the defects or delivering replacement products. Should a defect not be removed or a replacement not be delivered within a reasonable time period granted by ▇▇▇▇▇ himselfCustomer or should the removal of a defect by remedy or the delivery of a replacement fail, if ▇▇▇▇▇▇ should such remedy be unreasonable for Customer or has agreed HFS Aichach refused such remedy according to this procedure in writing.
11.7 Seller's warranty obligation shall only apply section 439 subsec. 3 BGB, Customer may demand, at its option, the rescission of the contract or a reasonable reduction of the purchase price and/or damages pursuant to defects para. 8 or the reimbursement of its futile expenses. Items that appear when observing the applicable operating conditions and putting the item to normal use. His obligation have been replaced by HFS Aichach shall, in particularupon HFS Aichach’s demand, be returned to HFS Aichach. HFS Aichach shall not apply to assume any warranty for defects that are due to inadequate for which Customer bears responsibility such as inappropriate or improper use, faulty treatment or incorrect installation on of the part products by Customer. Die Verjährungsfrist für die Rechte des Kunden wegen Mängeln beträgt vierundzwanzig Monate seit der Ablieferung der Produkte beim Kunden. The period 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 limitations for claims for defects shall be liable for those parts twenty-four months from the hand-over of the goods that Seller obtained from subcontractors prescribed by ▇▇▇▇▇ only object of delivery to the extent of Seller's own warranty claims vis-à-vis the sub-contractor. If Seller produces items on the basis of Buyer's design data, draw- ings or models, Seller's liability shall not extend to the accuracy of the design but as to whether the workmanship complies with ▇▇▇▇▇'▇ instructions. In such cases, Buyer shall keep Seller harm- less and free from any court action, in the event of an infringement of proprietary rights. When accepting repair jobs or reworking or modifying old as well as third-party goods, or when delivering second-hand goods, Seller shall not accept any warrantyCustomer.
11.9 As of the beginning of the warranty period, Seller shall not accept any liability that extends beyond the scope defined in the present article.
Appears in 2 contracts
Sources: General Terms of Sale and Delivery, General Terms of Sale and Delivery
Warranty. 11.1 Subject to the below provisions, Seller 7.1 Written notice of defects 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 proper- ties.
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 given immediately after receipt of the passage of risk, or as of the completed assem- bly, in case of a delivery with assembly respectively.
11.3 Buyer may claim the present article only if he informs goods. For merchants (▇▇▇▇▇▇ 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 re- turned 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 ▇▇▇▇▇ himself) the obligation to inspect and give notice of defects under Section 377 HGB applies. Where the goods are collected by the Buyer, if ▇▇▇▇▇▇ 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 any obvious defects that are due apparent without inspection (including in particular incorrect deliveries, va- riances in quantities and apparent damage) are to inadequate installation be detailed in writing on the part acknowled- gement of receipt immediately upon collection of the goods. Where goods are shipped, complaints about such defects are to be noted on the acknowledgement of receipt or bill of lading prior to unloading and these are to be handed to the carrier. If the Buyer fails to give such notification, the goods are deemed to be approved. The statutory obligations to give notice of defects, which can only be determined in a proper inspection, and of hidden defects that only manifest themselves later, shall remain unaffected.
7.2 The warranty shall not apply if a defect is attributable to a special instruction issued by the Buyer or Buyer's representativethe quality of prior work. If our operating and maintenance instructions are not followed, inadequate maintenancechanges are made to the products, inadequate repairs parts are exchanged or modifications undertaken by other persons than Seller or Seller's representative without consumables are used that do not comply with the written agreement original specifications, the Buyer shall not be entitled to make any claims under the warranty unless he proves that the defect already existed on the transfer of Seller, normal wearrisk.
11.8 Seller shall be liable for those parts of the goods that Seller obtained from subcontractors prescribed by ▇▇▇▇▇ only 7.3 Subject to the extent of Seller's own warranty claims vis-à-vis provision in Section 7.4 the sub-contractor. If Seller produces items on the basis of Buyer's design data, draw- ings or models, Seller's liability following provisions shall not extend to the accuracy of the design but as to whether the workmanship complies with ▇▇▇▇▇'▇ instructions. In such cases, Buyer shall keep Seller harm- less and free from any court action, apply in the event of a defect: We are to be provided with the opportunity to inspect the rejected goods. Insofar as a defect in the goods is established, we shall be entitled, at our option, to render subsequent performance either in the form of rectifying the defect or delivering new goods free of defects. We shall only have to be bear the installation or removal costs incurred in rendering the subsequent performance if we are responsible for the defect. If subsequent performance fails, if we refuse subsequent performance such or such is unacceptable or impossible for us, the Buyer shall be entitled, at his option, to withdraw from the contract or demand a price reduction. In the event of a price reduction the consideration shall be decreased in the ratio that the value of the work in a defectfree condition would have borne to the actual value at the time the contract was concluded. Claims for damages shall only apply within the scope of the liability provisions set forth in Section 9.
7.4 Insofar as there is a defect in a product or a part thereof, which we acquired from a subsupplier, our claims against subsuppliers shall be assigned to the Buyer for the purposes of meeting our obligations under the warranty. In this case, the Buyer shall only be entitled to assert warranty claims against us if the outof-court enforcement of the claims against the subsupplier has been unsuccessful for an infringement appropriate period of proprietary rightstime or has no prospect of success (particularly because of insolvency). When accepting repair jobs While claims are being asserted against the subsupplier, the period of limitation for the relevant claims of the Buyer against us is suspended. The suspension ends as soon as enforcement against the subsupplier has proved to be unsuccessful or reworking impossible. Insofar as the Buyer is entitled to assert warranty claims against us, the provisions set forth in Section 7.3 shall apply in this regard.
7.5 An agreement regarding the quality of the goods to be delivered or modifying old as well as third-party the assumption of a guarantee must be made in writing to be effective.
7.6 We do not warrant that the goods delivered by us are suitable for a purpose unilaterally assumed by the Buyer.
7.7 Any reference to norms generally only includes the more detailed description of the goods, or when delivering second-hand goods, Seller . We reserve the right to make changes to the manufacturing method and design if there is a valid reason for the change and such change is reasonable for the Buyer. Custo- mary breakages and losses shall not accept any warrantybe a cause for complaint. Samples and prototypes shall be regarded as illustrative articles that are not binding and subject to slight variations.
11.9 As of 7.8 Any claims for defects may only be lodged against us by the beginning of the warranty period, Seller shall direct Buyer and are not accept any liability that extends beyond the scope defined in the present articleassignable.
Appears in 2 contracts
Sources: Allgemeine Lieferungs Und Zahlungsbedingungen, Allgemeine Lieferungs Und Zahlungsbedingungen
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 proper- tiesproperties.
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 assem- blyassembly, in case of a delivery with assembly respectively.
11.3 Buyer may claim the present article only if he informs ▇▇▇▇▇▇ 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 re- turned 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 ▇▇▇▇▇ himself, if ▇▇▇▇▇▇ 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 ▇▇▇▇▇ only to the extent of Seller's own warranty claims vis-à-vis the sub-contractor. If Seller produces items on the basis of Buyer's ▇▇▇▇▇'▇ design data, draw- ings drawings or models, Seller's liability shall not extend to the accuracy of the design but as to whether the workmanship complies with ▇▇▇▇▇'▇ instructions. In such cases, Buyer shall keep Seller harm- less harmless and free from any court action, in the event of an infringement of proprietary rights. When accepting repair jobs or reworking or modifying old as well as third-party goods, or when delivering second-hand goods, Seller shall not accept any warranty.
11.9 As of the beginning of the warranty period, Seller shall not accept any liability that extends beyond the scope defined in the present article.
Appears in 2 contracts
Sources: Allgemeine Lieferbedingungen, Allgemeine Lieferbedingungen
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 proper- tiesproperties.
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 assem- blyassembly, in case of a delivery with assembly respectively.
11.3 Buyer may claim the present article only if he informs ▇▇▇▇▇▇ in writing and without delay of any defects that have has 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 re- turned 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 ▇▇▇▇▇ himself, if ▇▇▇▇▇▇ 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 ▇▇▇▇▇ only to the extent of Seller's own warranty claims vis-à-vis the sub-contractor. If Seller produces items on the basis of Buyer's ▇▇▇▇▇'▇ design data, draw- ings drawings or models, Seller's liability shall not extend to the accuracy of the design but as to whether the workmanship complies with ▇▇▇▇▇'▇ instructions. In such cases, Buyer shall keep Seller harm- less harmless and free from any court action, in the event of an infringement of proprietary rights. When accepting repair jobs or reworking or modifying old as well as third-third- party goods, or when delivering second-hand goods, Seller shall not accept any warranty.
11.9 As of the beginning of the warranty period, Seller shall not accept any liability that extends beyond the scope defined in the present article.
Appears in 1 contract
Sources: Allgemeine Lieferbedingungen
Warranty. 11.1 Subject 8.2.1 The contractor shall carry out an out-going goods inspection before delivery of products to TNG and shall verify this to TNG upon request. During the out-going goods inspection, the contractor shall check in particular whether the products correspond to the below provisionsagreed properties and specifications.
8.2.2 For deliveries of products by the contractor, Seller it is incumbent upon TNG only to examine the products in the receiving department for identity and quantity deviations and for openly visible transport damage and obvious defects and to report these within a reasonable period, which shall undertake be at least ten (10) calendar days from receipt of the contracts, to remedy any defect affecting the fitness contractor. For concealed defects, the report is timely if it is made within five (5) working days after discovery of the defect. There is no further duty of inspection and reporting for use which is due TNG. If the products become unsaleable as a result of the examination, the quantity to be examined shall be reduced to a deficiency in design, material or workmanship. Seller shall also be responsible for any defects concerning expressly requested proper- tiesreasonable extent.
11.2 The above obligation shall only apply to such defects that appear within a period 8.2.3 If individual samples of one year, when working a one-shift operation, as of the passage of risk, or as of the completed assem- bly, in case products of a delivery with assembly respectivelyare defective, TNG can choose to demand that the contractor sorts the defective products or to assert claims due to defects for the entire delivery. If an examination of the products, which extends beyond the normal extent of the incoming goods examination, becomes necessary due to the defects to the products, the contractor shall bear the costs for this examination.
11.3 Buyer may claim 8.2.4 In the present article only if he informs ▇▇▇▇▇▇ in writing and without delay case of any defects, TNG shall be entitled, irrespective of the statutory warranty claims, at its own discretion to request as subsequent performance the elimination of the defects that have appearedor the delivery of fault-free products by the Contractor. The arrangements on presumption according Contractor may reject the type of subsequent performance chosen by TNG if this is only possible by way of disproportionately high costs. The subsequent performance shall be provided by way of common consent with the Contractor with consideration given to § 924 of the Austrian General Civil Law Code are excludedTNG's operational requirements. 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 re- turned to Seller The expenses required for the purpose of reworking or replacement, Buyer subsequent performance shall bear be borne by the costs and Contractor. This also applies if the risk products have been transported to a location other than the delivery address stated by TNG following delivery in accordance with the intended use of the transportproducts. If the Contractor fails to honour its obligation to provide subsequent performance within a reasonable period set by TNG, unless otherwise agreed. The re-shipment of TNG may, without an additional threat and without setting an additional period, perform the reworked or replaced goods or parts to Buyer shall be necessary measures at Sellerthe Contractor's costs cost and risk, or arrange to have these performed by a third-party, unless otherwise agreed.
11.5 The defective goods the Contractor is not responsible for the lacking provision of the due performance. Setting the period may be waived if the Contractor seriously and ultimately refuses or partsif special circumstances apply, which are replaced according to under consideration of both parties interests justify the present article, shall be at Seller's disposal.
11.6 Seller shall only refund any costs for remedying a defect, undertaken by ▇▇▇▇▇ himself, if ▇▇▇▇▇▇ has agreed to immediate assertion of the warranty claim. Special circumstances in 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 shallsense apply, in particular, in urgent cases in which subsequent performance by the Contractor are in all likelihood will not apply render the pending disadvantage for TNG inapplicable. In such a case, TNG shall be entitled to conduct the necessary measures at the Contractor's cost and risk without expiry in vain of a reasonable period provided TNG notifies the Contractor of this. This does not affect the regulation in accordance with Section I sub-section 4.5.
8.2.5 Accepting the deliveries or services as well as processing, paying for and re- ordering deliveries or services not yet identified as faulty and for which notification of defects that are due to inadequate installation has not yet been given do not constitute any authorisation of the delivery or service or any waiving of warranty claims on the part of Buyer TNG.
8.2.6 A warranty period of three years shall apply to purchase agreements for moveable objects, which are used for a construction. Moreover, the warranty period for defects shall be two years unless longer warranty periods are statutorily required. In particular, it is five years for the delivery of products, which are used corresponding to their intended use for a construction and which caused their defect, for work to structural facilities, earthworks or Buyer's representativesurface works, inadequate maintenanceand to energy lines of all kinds. It shall start upon handover of the product to TNG of its authorised representative or with acceptance of the work. For equipment, inadequate repairs or modifications undertaken by other persons than Seller or Seller's representative without machinery and plant, the period shall start on the date of acceptance specified in the written agreement of Selleracceptance declaration. The claims due to defects reported by TNG within the warranty period, normal wear.
11.8 Seller the claims due to defects shall expire no earlier than three months after the report. Defects identified during the warranty period shall also be liable for those parts of covered by the goods that Seller obtained from subcontractors prescribed by ▇▇▇▇▇ warranty if the defects are only to the extent of Seller's own warranty claims vis-à-vis the sub-contractor. If Seller produces items on the basis of Buyer's design data, draw- ings or models, Seller's liability shall not extend to the accuracy of the design but as to whether the workmanship complies with ▇▇▇▇▇'▇ instructions. In such cases, Buyer shall keep Seller harm- less and free from any court actioncorrected, in consultation with the event of an infringement of proprietary rights. When accepting repair jobs or reworking or modifying old as well as third-party goodscontractor, or when delivering second-hand goods, Seller shall not accept any warranty.
11.9 As of after the beginning end of the warranty period, Seller e.g. as part of an audit.
8.2.7 With regard to delivery parts other than the faulty deliver parts that cannot be put into operation during the inspection of the defect and/or the rectification of defects, the ongoing warranty period shall not accept any liability that extends beyond be extended by the duration of the interruption of operations. With regard to subsequently improved or replacement parts, the warranty period shall commence afresh upon conclusion.
8.2.8 If TNG has additionally purchased specific spare parts from the Contractor in stock, and if these spare parts become unusable in the course of the Contractor's supplementary performance work, e.g. due to the contractor changing or replacing parts within the scope defined of warranty, the Contractor is obliged to replace the unusable and already purchased spare parts at no charge for TNG, i.e. TNG is entitled to spare parts at no additional costs that are compatible with the replaced parts, provided by the Contractor in the present articlecourse of the supplementary performance. In addition, the Contractor agrees to avoid subsequent performance work with such effects on spare parts already purchased by the Contractor.
8.2.9 If TNG reports a defect, which because of the objective facts justifies a suspicion that this is a series defect, i.e. a defect that exists equally in comparable parts of the contractual object / plant (e.g. construction errors, defective material or assembly), especially if it impairs the operation or usability, the contractor shall correct all defects / weak points of all comparable parts of the delivery or work and services, unless it verifies that the series defect does not exist for these parts.
8.2.10 If operations are interrupted during the warranty period, the warranty period shall be extended by the total duration of such interruptions provided they have been caused by faulty delivery or performance on the part of the Contractor.
8.2.11 This does not affect further-reaching guarantees on the part of the Contractor.
8.2.12 To honour its warranty obligation, the Contractor assigns to TNG its existing warranty claims against suppliers and subcontractors subject to a condition precedent in the event of insolvency of the Contractor TNG accepts the assignment.
9.1 The Contractor is liable as part of the statutory provisions for violations of obligations and for material, personal and pecuniary damage occasionally caused to TNG while performing the assignment.
9.2 The contractor shall indemnify TNG from claims for compensation, which are made by third parties against TNG for damages attributed to it or on the occasion of the contractual fulfilment by the contractor, unless the contractor is not responsible for this.
Appears in 1 contract
Warranty. 11.1 Subject We shall provide warranty for defects of the goods, including absence of guaranteed features according to the below following provisions:
8.1 In order to maintain its warranty rights, Seller shall undertake the buyer has to remedy any observe its legal obligations regarding the inspection of the goods and the requirement to make a complaint in re- spect of a defect affecting immediately on receipt of 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 proper- tiesgoods.
11.2 The above obligation 8.2 If not otherwise provided, the period of warranty shall only apply be six months from the day of transfer of risks to such defects that appear the buyer.
8.3 Defective goods shall be repaired, taken back and replaced by proper goods or credited by us. In the event of a failure of repair, or failure to effect repairs within a reasonable time, or a delay in replacement, the buyer may set an appropriate grace period after the unsuccessful expiry of one year, when working a one-shift operation, as which it may demand cancellation of the passage of risk, contract or as reduction of the completed assem- bly, in pur- chase price.
8.4 Rejected goods shall be returned to us for inspection at the buyer’s cost. In case of a delivery with assembly respectively.
11.3 Buyer may well-founded claim the present article only if he informs ▇▇▇▇▇▇ 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 re- turned to Seller for the purpose of reworking or replacement, Buyer we shall bear the costs and for the risk repair as well as for the forwarding ex- penses of the transport, unless otherwise agreedreturn shipping or the shipping of replace- ment. The re-shipment costs for the installation and removal of the reworked defective goods shall not be borne by us.
8.5 Further rights on grounds of defects – in particular contractual or replaced non-contractual claims for damages which have not occurred at the goods or parts to Buyer themselves 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 ▇▇▇▇▇ himself, if ▇▇▇▇▇▇ 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 ▇▇▇▇▇ only excluded to the extent provided for under Clause 8; this exclusion of Seller's own warranty claims vis-à-vis the sub-contractor. If Seller produces items on the basis of Buyer's design data, draw- ings or models, Seller's liability shall is not extend to the accuracy of the design but as to whether the workmanship complies with ▇▇▇▇▇'▇ instructions. In such cases, Buyer shall keep Seller harm- less and free from any court action, applicable in the event of an infringement absence of proprietary rights. When accepting repair jobs or reworking or modifying old as well as third-party guaranteed features, when the guarantee is in particular aimed at protecting the buyer against the damage occurred.
8.6 The above provisions shall be applicable accordingly if, instead of the contract goods, or when delivering second-hand goods, Seller shall not accept any warrantyother goods are delivered (wrong shipment).
11.9 As of the beginning of the warranty period, Seller shall not accept any liability that extends beyond the scope defined in the present article.
Appears in 1 contract
Sources: Liefer Und Zahlungsbedingungen
Warranty. 11.1 Subject to the below provisions1. If defective goods are delivered MOOVE is entitled, 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 proper- ties.
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 assem- bly, in case of a delivery with assembly respectively.
11.3 Buyer may claim the present article only if he informs ▇▇▇▇▇▇ 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 relevant legal requirements and the present article -at Seller's choicefollowing clauses unless otherwise agreed upon, to claim the following:
a) Before start of production (processing or fitting) the supplier shall first be given the opportunity by MOOVE to sort out as well as rework or replace them unless this cannot reasonably be expected from MOOVE. In case the supplier is unable to accomplish the afore-stated or in case he does not conform with it without undue delay, MOOVE is entitled to rescind the contract to this extent and return the goods at the supplier's risk. In urgent cases he may, after consultation with the supplier, accomplish the rework himself or have it done by a third party. Any costs resulting therefrom shall be borne by the supplier. In the case the same goods are repeatedly supplied in a defective condition, MOOVE shall be entitled to rescind the contract also with respect to the goods on site;
b) have not yet supplied if, upon written notification, the defective goods or the defective parts shipped back for reworking;
c) replace the defective parts;
d) replace the supplier has again delivered defective goods.
11.4 If Seller arranges b) In the event the defect is discovered only after start of production and MOOVE has observed article IV (notification of deficiencies), then he is entitled (i) according to § 439 para. 1, 3 and 4 BGB to claim after- fulfillment and indemnification for the defective goods or parts to be re- turned to Seller for the purpose cost of reworking or replacement, Buyer shall bear the costs transport (without towing cost) as well as cost of dismantling and the risk installation (cost of the transport, unless otherwise agreed. The re-shipment labour; cost 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 partsmaterial only if agreed upon), which are replaced required for the after-fulfillment, or (ii) to reduce the sales price.
c) If in addition to the delivery of defective parts the supplier has violated culpably further contractual obligations (e.g. obligations of information, consultation, or examination), MOOVE can claim indemnification according to article XI for the present article, shall be consequential harm caused by the defect. This consequential harm caused by a defect is determined by the damages which MOOVE suffered from the delivery of defective goods at Seller's disposal.
11.6 Seller shall only refund any costs for remedying a defect, undertaken by ▇▇▇▇▇ himself, if ▇▇▇▇▇▇ 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 other objects of legal protection. Further claims regarding expenses 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 damages because 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 delivery of Seller, normal wear.
11.8 Seller shall be liable for those parts of the defective goods that Seller obtained from subcontractors prescribed by ▇▇▇▇▇ only to the extent of Seller's own warranty claims vis-à-vis the sub-contractor. If Seller produces items on the basis of Buyer's design data§ 437 BGB or directly on the basis of the rules named therein may only be claimed by MOOVE, draw- ings or models, Seller's liability if this has been agreed by contract. Regarding new agreements article XV para.1 is to be observed.
2. At his request the parts to be replaced shall not extend be made available immediately to the accuracy supplier at his cost.
3. The warranty expires at the end of 24 months after the first vehicle registration or the installation of the design but as replacement part, at the latest, however, 30 months after delivery to whether MOOVE.
4. A warranty claim does not arise if the workmanship complies with ▇▇▇▇▇'▇ defect is attributable to the non-observance of operation, service or installation instructions. In such cases, Buyer shall keep Seller harm- less inappropriate or unsuitable use, incorrect or careless treatment, normal wear and free from any court action, in the event of an infringement of proprietary rights. When accepting repair jobs or reworking or modifying old tear as well as third-party goods, to engagements to the good supplied made by MOOVE or when delivering second-hand goods, Seller shall not accept any warrantya third party.
11.9 As 5. If defective goods are delivered claims of MOOVE on the basis of the beginning Product Liability Act, and the civil law of the warranty period, Seller torts and acting without mandate shall not accept any liability that extends beyond the scope defined remain unaffected by this article X. Guarantees regarding quality and durability have to be designated expressly and individually in the present articlewriting.
Appears in 1 contract
Warranty. 11.1 Subject 15.1. The warranty period for our services is one year from handover.
15.2. In the absence of any agreement to the below provisionscontrary (e.g. formal acceptance), Seller shall undertake the time of handover is the time of completion, at the latest when the customer has taken over the work into his control or has refused to remedy take it over without giving reasons. With the date on which the customer is notified of completion, in the absence of justified refusal of acceptance the work is deemed to be taken into his control.
15.3. If a joint handover is envisaged, and if the customer does not attend the handover appointment that has been notified to him, the handover is deemed to have taken place on that day.
15.4. The remedying of a defect that has been claimed by the customer does not represent acknowledgement of a defect.
15.5. The customer must always prove that the defect existed at the time of handover.
15.6. For the remedying of defects, the customer must make the plant or equipment available to us without culpable delay, and must grant us the opportunity for assessment by us or by an expert appointed by us.
15.7. Notices of defects and complaints of all kinds must be notified immediately (at the latest after working days) to the domicile of our company, in writing, with as accurate a description of the defect as possible and stating the possible causes, otherwise the warranty claims are forfeited. The goods or work that are the subject of complaint must be handed over by the customer, insofar as this is feasible.
15.8. If the defects alleged by the customer are unjustified, he is obliged to compensate us for expenses incurred for establishing freedom from defects or remedying defects.
15.9. Any utilisation or processing of the defective deliverable that carries the risk of further damage, or makes elimination of the cause more difficult or prevents it, must be stopped by the customer without delay, unless this is unreasonable.
15.10. We are entitled to carry out or have carried out any defect affecting examination that we regard as necessary, even if this renders the fitness for use which is due to a deficiency in design, material goods or workmanshipwork pieces unusable. Seller shall also be If this examination shows that we are not responsible for any defects concerning expressly requested proper- ties.
11.2 The above obligation shall only apply to such defects that appear within a period of one yeardefect, when working a one-shift operation, as of the passage of risk, or as of the completed assem- bly, in case of a delivery with assembly respectively.
11.3 Buyer may claim the present article only if he informs ▇▇▇▇▇▇ 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 customer 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 re- turned to Seller for the purpose of reworking or replacement, Buyer shall bear the costs for this examination against appropriate remuneration.
15.11. Transportation and travel costs arising in connection with the risk rectification of defects are to be borne by the transportcustomer. On request by us, unless otherwise agreedthe customer must
15.12. The re-shipment of customer must grant us at least two attempts to rectify the reworked or replaced goods or parts to Buyer shall be at Seller's costs and risk, unless otherwise agreeddefect.
11.5 The defective goods 15.13. We can avert a request for rescission through improvement or partsan appropriate price reduction, which are replaced according insofar as this does not relate to the present article, shall be at Seller's disposala significant and unrectifiable defect.
11.6 Seller shall only refund any costs for remedying a defect, undertaken by ▇▇▇▇▇ himself, if ▇▇▇▇▇▇ 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 ▇▇▇▇▇ only to the extent of Seller's own warranty claims vis-à-vis the sub-contractor15.14. If Seller produces items the deliverables are produced on the basis of Buyer's design datadetails, draw- ings drawings, plans, models or models, Seller's liability shall not extend to the accuracy other specifications of the design but customer, we provide warranty only for the execution according to specifications.
15.15. The fact that the work is not fully suitable for the agreed use does not constitute a defect if this is based exclusively on actual circumstances that differ from the information that was available at the time of performance because the customer does not fulfil his obligations to cooperate in accordance with point 7.
15.16. Likewise it is not a defect if the customer’s technical installations, such as to whether the workmanship complies with ▇▇▇▇▇'▇ instructionssupply lines, cabling, networks etc. In such cases, Buyer shall keep Seller harm- less are not in a technically perfect and free from any court action, in the event of an infringement of proprietary rights. When accepting repair jobs or reworking or modifying old as well as third-party goodsoperational condition, or when delivering second-hand goods, Seller shall are not accept any warrantycompatible with the items supplied.
11.9 As of the beginning of the warranty period, Seller shall not accept any liability that extends beyond the scope defined in the present article.
Appears in 1 contract
Sources: Allgemeine Verkaufsbedingungen (Agb)
Warranty. 11.1 Subject (1) If the customer is an entrepreneur and brought a formal complaint in due time and manner, the MBE center has the choice to give warranty by rectification or replacement delivery.
(2) If the customer is a consumer and brought a formal complaint in due time and manner, the customer has the choice whether he wishes the MBE center to give warranty by rectification or replacement delivery. The manner of warranty chosen by the customer may be rejected by the MBE center if it involves unreasonable costs, unless the other method of subsequent performance involves a considerable disadvantage to the below provisionsMBE center.
(3) If the rectification is unsuccessful, Seller the customer generally can request a reduction of the remuneration (deduction) or a revocation of the agreement (withdrawal). In case of insignificant defects, the customer shall undertake have no right of withdrawal.
(4) The customer as entrepreneur shall cite the MBE center of apparent deficiencies of the chattel to remedy be produced in detail, in written and within a time limit of three days from the date of deliv- ery/handover of the goods; otherwise, the assertion of warranty claims is excluded.
(5) The customer shall be fully subject to the onus of proof for any defect affecting reasons for claims, in particular faults as such, for the fitness time of detection the fault and for use which is any notification of the fault being made in due course.
(6) In case the customer chooses cancellation of the contract after the subsequent performance due to a deficiency in designdefect failed, material he shall not be able to claim additional compensation for this defect. Otherwise the goods, the chattel to be manufactured or workmanshipproduced shall remain with the customer, provided this is reasonable. Seller shall also be responsible for any defects concerning expressly requested proper- tiesA possible compensation is limited to the difference between the remuneration payed by the customer and the value of the defected item.
11.2 The above obligation (7) For entrepreneurs the warranty period shall only apply to such defects that appear within a period be one year from the date of one year, when working a one-shift operation, as delivery/handover of the passage goods. For consumers the warranty period shall be two years from the date of risk, or as deliv- ery/handover of the completed assem- bly, in case goods. On the expiry of a delivery with assembly respectively.
11.3 Buyer may claim the present article only if he informs ▇▇▇▇▇▇ 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 this period all warranties are excluded. Once Seller has been informed If a complaint is not made in due time and manner, the goods or service shall be accepted by the customer.
(8) With respect to the quality of defects in this waythe goods, Seller as a rule the manufacturer's product description shall - be deemed agreed. Public statements, claims or advertisements by the manufacturer do not constitute contractually guaranteed characteristics of the goods. The MBE center will assign claims against the manufacturer to the customer, if the defects must be remedied according to customer relieves 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 goodsMBE center from liability.
11.4 If Seller arranges for the defective goods or parts to be re- turned 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 ▇▇▇▇▇ himself, if ▇▇▇▇▇▇ 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 ▇▇▇▇▇ only to the extent of Seller's own warranty claims vis-à-vis the sub-contractor. If Seller produces items on the basis of Buyer's design data, draw- ings or models, Seller's liability shall not extend to the accuracy of the design but as to whether the workmanship complies with ▇▇▇▇▇'▇ instructions. In such cases, Buyer shall keep Seller harm- less and free from any court action, in the event of an infringement of proprietary rights. When accepting repair jobs or reworking or modifying old as well as third-party goods, or when delivering second-hand goods, Seller shall not accept any warranty.
11.9 As of the beginning of the warranty period, Seller shall not accept any liability that extends beyond the scope defined in the present article.
Appears in 1 contract
Sources: Allgemeine Geschäftsbedingungen
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 proper- ties.
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 assem- bly, in case of a delivery with assembly respectively.
11.3 Buyer may claim the present article only if he informs ▇▇▇▇▇▇ in writing and without delay of any defects that have appeared18.1. 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 Sellerstatutory warranty shall apply. The warranty period for our services towards business costumers shall be one year from handover.
18.2. In the absence of any agreement to the contrary (e.g. formal acceptance), the time of handover shall be the time of completion, at the latest when the customer has taken over the service in its power of disposal or has refused to take over the service without giving reasons.
18.3. If a joint handover is planned and the Customer fails to attend the handover date notified to him, the handover shall be deemed to have taken place on that date.
18.4. Rectification of a defect claimed by the Customer shall not constitute an acknowledgement of the defect claimed by the Customer.
18.5. The business costumer shall grant us at least two attempts to rectify the defect.
18.6. If the customer's choice:allegations of defects are unjusti- fied, the customer shall be obliged to reimburse us for any expenses incurred in determining that the goods are free of defects or in rectifying the defects.
a) rework 18.7. The business costumer must always prove that the defect already existed at the time of handover.
18.8. In order to rectify defects, the customer shall make the plant or equipment accessible to us without culpable delay and grant us the opportunity to have it inspected by us or by experts appointed by us.
18.9. Defects in the delivery item which the business costumer has discovered or should have discovered by examination in the ordinary course of business after de- livery must be reported to us in writing immediately, at the latest 8 days after handover. Hidden defects must also be reported within this reasonable period after dis- covery.
18.10. Any use or processing of the defective goods on site;
b) have object of performance that threatens further damage or makes it more difficult or impossible to determine the defective goods or cause of the defective parts shipped back for reworking;
c) replace defect must be discontinued by the defective parts;
d) replace the defective goodscustomer without de- lay, unless this is unreasonable.
11.4 18.11. If Seller arranges a complaint is not made in due time, the goods shall be deemed to have been accepted.
18.12. We may avert a claim for the defective goods redhibitory action by improvement or parts to be re- turned to Seller for the purpose of reworking or replacement, Buyer shall bear the costs and the risk of the transportreasonable price reduction, unless otherwise agreed. The rethe defect is substantial and non-shipment of the reworked or replaced goods or parts to Buyer shall be at Seller's costs and risk, unless otherwise agreedrecoverable.
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 ▇▇▇▇▇ himself, if ▇▇▇▇▇▇ 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 ▇▇▇▇▇ only to the extent of Seller's own warranty claims vis-à-vis the sub-contractor18.13. If Seller produces items the objects of performance are manufactured on the basis of Buyer's design datainformation, draw- ings drawings, plans, models or modelsother specifications of the customer, Seller's liability we shall only war- rant for the execution in accordance with the conditions.
18.14. The circumstance that the work is not fully suita- ble for the agreed use shall not extend constitute a defect if this is based exclusively on deviating actual conditions from the information available to us at the accuracy time of the design but as perfor- mance of the service because the customer does not comply with his obligations to whether the workmanship complies with ▇▇▇▇▇'▇ instructions. In such cases, Buyer shall keep Seller harm- less and free from any court action, in the event of an infringement of proprietary rights. When accepting repair jobs or reworking or modifying old as well as third-party goods, or when delivering second-hand goods, Seller shall not accept any warrantycooperate.
11.9 As of 18.15. The defective delivery or samples thereof shall be returned to us by the beginning of business costumer - if economi- cally justifiable.
18.16. The warranty shall be excluded if the warranty periodcustomer's technical equipment, Seller shall such as supply lines, cabling, etc., is not accept any liability that extends beyond in a technically perfect and operational condition or is not compatible with the scope defined in delivered items, insofar as this circumstance is causal for the present articledefect.
Appears in 1 contract
Sources: Allgemeine Geschäftsbedingungen
Warranty. 11.1 Subject to (1) Unless otherwise provided below, the below provisions, Seller shall undertake to remedy any defect affecting Customer’s rights in the fitness event of material and legal defects (including incorrect and shortfall delivery as well as improper assembly or poor assembly instructions) are governed by statutory provi- sions,
(2) Liability for use which defects is due to a deficiency established first and foremost by the agreement on the quality of the goods that has been reached. All information in design, material or workmanship. Seller shall also the order confirmation will be responsible for any defects concerning expressly requested proper- ties.
11.2 The above obligation shall only apply to such defects that appear deemed an agreement on the quality of the goods unless the purchaser objects within a period of one year, when five working a one-shift operation, as of the passage of risk, or as of the completed assem- bly, in case of a delivery with assembly respectivelydays.
11.3 Buyer may claim (3) Bauformat does not accept any liability for public state- ments made by other third parties (e.g. advertising claims) unless the present article only if he informs ▇▇▇▇▇▇ in writing Customer has declared to Bauformat that the specific information was decisive for its decision to buy.
(4) Customer's complaints due to defects presuppose that it has complied with its statutory obligations to examine the goods and without delay give notice of any defects that have appeared(Sections 377, 381 HGB). The arrangements delivered products must be inspected carefully (including an inspection for transport damage) immediately upon delivery to the Customer or to a third party specified by the Customer. Visible transport damage must be noted immediately on presumption according the consignment note or delivery note and certified by the carrier. If and when there are obvious de- fects or other defects that would have been discernible dur- ing an immediate and careful inspection, the Customer will be deemed to § 924 have accepted and approved the delivered consignment if Bauformat does not receive written com- plaint of defects within seven workdays of delivery. In the event of other defects in the goods, the Customer will be deemed to have accepted and approved the delivered con- signment if and when Bauformat does not receive complaint of defects within seven workdays of the Austrian General Civil Law Code are excludedtime at which the defect became apparent; if the defect was already discerni- ble to the Customer at an earlier point in time during normal use, however, this earlier point in time will be deemed the commencement of the period for lodging a complaint. Once Seller has been informed At the request of Bauformat, any delivered product that is the sub- ject of a complaint shall be returned to Bauformat.
(5) In the event of subsequent deliveries related to com- plaints, the Customer shall inspect the consignment no later than immediately prior to its delivery at the premises of its own customer.
(6) In the event of material defects in this waythe delivered goods, Seller Bauformat is initially obligated and entitled at its option to perform subsequent improvement or substitute delivery; the option shall - if be exercised within a reasonable period. Sub- sequent performance does not include the defects must be remedied according to the provisions removal of the present article -at Seller's choice:
adefective product or its reinstallation if Bauformat was not originally obligated to install it. If the subsequent performance has failed or a reasonable period of time for the subsequent performance that is set by the Customer has expired fruitlessly or can be waived in ac- cordance with statutory provisions, the Customer may re- scind the purchase contract or reduce the purchase price. However, if and when the defect is insignificant (i.e. the costs of remedying the defect are less than a minimum of 10 percent of the invoice amount), there is no right of rescis- sion. Minor deviations or deviations usual in trade in quality, col- our, dimensions or other points of manufacture will not be deemed defects. In the event of failure (i.e. impossibility, un- reasonableness, refusal or unreasonable delay) rework of the defective goods on site;
b) have sub- sequent improvement or substitute delivery, the defective goods Customer may rescind the contract or reduce the defective parts shipped back for reworking;
c) replace the defective parts;
d) replace the defective goodspurchase price by a reasonable amount.
11.4 If Seller arranges for (7) The Customer waives the defective goods right of recourse against Bauformat regarding any expenses (installation or parts to be re- turned to Seller for removal costs) it incurs in the purpose course 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 ▇▇▇▇▇ himself, if ▇▇▇▇▇▇ 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 ▇▇▇▇▇ only to the extent of Seller's own warranty claims vis-subsequent performance vis- à-vis end consumers. In this respect, it waives its claims against Bauformat pursuant to Section 445a (1) and (2) BGB and Section 439 (3) BGB. In return, Bauformat will grant to the sub-contractor. If Seller produces items Customer equivalent compensation for this waiver comprising the following elements: - Manufacturer’s warranty: the Customer is granted a war- ranty on kitchen furniture components manufactured by Bauformat in accordance with the Bauformat warranty pro- visions for a period of five years, commencing upon the handover of the components to the Customer; - Consideration and compensation of the economic burden on the basis of Buyer's design data, draw- ings or models, Seller's liability shall not extend to Customer from installation and removal costs within the accuracy framework of the design but as discounts on list prices agreed by Bauformat with the Customer; - Facilitated complaint handling: the Customer is required solely to whether report the workmanship complies with ▇▇▇▇▇'▇ instructionsdefectiveness of a delivered product. In such cases, Buyer shall keep Seller harm- less and free from any court action, It must provide verification of the defect solely upon express request; - Waiver of the right to claim reimbursement of the costs of inspection incurred by Bauformat in the event of an infringement unjustified complaint of proprietary rights. When accepting repair jobs or reworking or modifying old as well as third-party goods, or when delivering second-hand goods, Seller shall not accept any warrantydefects.
11.9 As (8) If and when Bauformat is accountable for a defect, the Customer may claim compensation for damage or loss sub- ject to the conditions set forth in Section 7.
(9) If and when Bauformat is unable to remedy defects in components from other manufacturers because of licence restrictions or substantive reasons, Bauformat will at its op- tion assert warranty claims against the manufacturer and supplier for the Customer’s account or will assign the claims to the Customer. Warranty claims relating to defects of this nature may be asserted against Bauformat (subject to fulfilment of other prerequisites and in accordance with the provisions of these General Terms and Conditions of Sale and Delivery) solely if and when the assertion in a court of law of the beginning aforemen- tioned claims against the manufacturer and supplier has failed or is futile (e.g. because of bankruptcy). The limitation period governing the Customer’s aforementioned warranty claims against Bauformat is suspended for the duration of the legal dispute.
(10) The warranty periodbecomes null and void if and when the Customer modifies the goods or causes them to be modified by third parties without Bauformat’s consent and the remedy of the defects is as a consequence rendered impossible or is made unreasonably difficult. In any and all such cases, Seller the Customer shall not accept any liability that extends beyond bear the scope defined additional costs of the remedy of the defects resulting from the modification.
(11) Any and all warranties for material defects are pre- cluded in the present articleevent of delivery of used products as agreed with the Customer in specific cases.
Appears in 1 contract
Warranty. 11.1 Subject 3.3 In the event that we overrun the indicated delivery period, the customer shall only 7.1 In order to assert any rights under warranty, the below provisionscustomer shall have properly be entitled to notify us of delayed performance after a period of two weeks has executed its obligations of inspection and complaint in accordance with § 377 elapsed, Seller in which case the customer may write to us demanding delivery and HGB (German Commercial Code). setting a reasonable subsequent delivery deadline. 7.2 In the event of a flaw in the purchased item for which we are responsible, we shall
3.4 If we are in default, the customer shall undertake be entitled to remedy any defect affecting withdraw from the fitness contract be entitled to rectify the flaw or make a replacement delivery, at our choice. If we after having set a resonable subsequent delivery deadline and having issued choose to rectify the flaw, we shall be obliged to bear all the costs arising from the a threat of refusal. rectification of the flaw, in particular transport, travel, labor and material costs, to the
3.5 The customer shall only be able to assert claims for use which damages arising from extent that these costs are not increased because the purchased item has been delayed performance if our delay in delivery is due to deliberate or gross negligence. transported to a deficiency place other than the place of fulfillment. If it is established that the customer has incurred damages, compensation for each 7.3 If we are not prepared to rectify the flaw or to make a replacement delivery or are not week of the delay shall amount to one half of one percent of the portion of the capable of doing so, in designparticular if this situation continues beyond reasonable time overall delivery which could not be utilized in good time, material however no more than limits for reasons for which we are responsible, or workmanshipif the rectification of the flaw or the 5 percent of that value. Seller shall also replacement delivery proves to be responsible for any defects concerning expressly requested proper- tiesunsuccessful in some other way, then it lies at the discretion of the customer whether to withdraw from the contract or to demand a
4. Default reasonable reduction in the purchase price.
11.2 The above obligation shall only apply to such defects 4.1 In the event that appear within a period the customer defaults on payment, standard bank rates of one yeardefault 7.4 Unless specified otherwise, when working a one-shift operation, as of all further claims by the passage of risk, or as of the completed assem- bly, in case of a delivery with assembly respectively.
11.3 Buyer may claim the present article only if he informs ▇▇▇▇▇▇ 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 re- turned 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 customer shall be at Seller's costs and riskexcluded, unless otherwise agreed.
11.5 The defective goods or parts, which are replaced according to the present article, interest shall be charged, however at Seller's disposal.
11.6 Seller least 3 pecent above the corresponding irrespective of their foundation in law. Consequently, we shall only refund any costs for remedying a defect, undertaken by ▇▇▇▇▇ himself, if ▇▇▇▇▇▇ 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 damage discount rate of the goods that Seller obtained from subcontractors prescribed by ▇▇▇▇▇ only to German Bundesbank. This shall not prejudice the extent of Seller's own warranty claims vis-à-vis the sub-contractor. If Seller produces items assertion which does not arise on the basis of Buyer's design datadelivered item itself, draw- ings or models, Seller's liability and in particular we shall not extend be of other claims for damages on the grounds of default. liable for loss of profits or other economic losses suffered by the customer.
4.2 The customer shall only be entitled to retain payments or to offset counterclaims 7.5 The above liability disclaimer shall not apply if the accuracy of damages are caused by deliberate by the design but as to whether the workmanship complies with ▇▇▇▇▇'▇ instructions. In such cases, Buyer shall keep Seller harm- less and free from any court action, customer in the event that the counterclaims have either been accepted by or gross negligence. us in writing or have been established in law. 7.6 In the event that we infringe through negligence a significant obligation under the
4.3 In the event of cessation of payments or the granting of an infringement of proprietary rightsapplication to open contract, our obligation to pay compensation shall be restricted to the sum covered bankruptcy or insolvency proceedings against the customer, then all accounts shall under our product liability insurance policy. When accepting repair jobs or reworking or modifying old as well as third-party goodsimmediately fall due for payment, or when delivering second-hand goods, Seller all rebates shall not accept any warranty.
11.9 As of the beginning of the warranty period, Seller shall not accept any liability that extends beyond the scope defined in the present article.be cancelled and outstanding deli-
Appears in 1 contract
Sources: Allgemeine Geschäftsbedingungen
Warranty. 11.1 Subject 9.1 The statutory regulations shall apply to the below provisionsrelationship between BFTS and the pur- chaser, Seller shall undertake to remedy any defect affecting unless otherwise agreed in the fitness for use which is due to a deficiency in design, following. Product descriptions and guaranteed qualities remain unaffected by this. Notification of material or workmanshiplegal defects must be made to BFTS in writing immediately, at the latest within 2 weeks after the purchaser has discovered the defect. Seller shall also BFTS is to be responsible for notified of any defects concerning expressly requested proper- ties.
11.2 The above obligation shall only apply to such defects that appear activated “Shock and Tilt-Watch” stickers (cf. Fig. 8.6) without delay, within a period of one year, when 3 working a one-shift operation, as days at the most after receipt of the passage of risk, or as of goods. The purchaser’s obligations to inspect the completed assem- bly, in case of a delivery with assembly respectively.
11.3 Buyer may claim the present article only if he informs ▇▇▇▇▇▇ in writing goods and without delay give notice of any defects that have appearedin accordance with §§ 377, 381 BGB (Civil Code) shall apply. The arrangements on presumption according Independent of its obligations to § 924 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 Austrian General Civil Law Code are excludedgoods. Once Seller has been informed of This is particularly true with regard to obvious defects in this way, Seller shall - if that result from the defects must be remedied according to the provisions dispatching of the present article -at Seller's choice:
a) rework goods. Should the defective purchaser fail to carry out an orderly inspection of the goods on site;
b) have and/or to report the defective goods defects, then BFTS shall be excluded from any liability for the defect that has not been reported or the defective parts shipped back for reworking;
c) replace the defective parts;
d) replace the defective goodsfalse or short deliveries.
11.4 If Seller arranges for the defective goods 9.2 BFTS is entitled to a supplementary performance option (later delivery or parts to be re- turned to Seller for the purpose of reworking or replacement, Buyer shall remediation). BFTS will bear the costs and for the risk 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 transportpurchaser 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, unless otherwise agreed. The reespecially the non-shipment observance of the reworked IN- FOOT Operation Manual, the non-observance of training measures arranged and rec- orded by BFTS, alterations to either the products or replaced goods services undertaken by either the purchaser or parts to Buyer shall be at Seller's costs and riskany third parties, unless otherwise agreed.
11.5 The defective goods or parts, which are replaced according usage contrary to the present articleterms of the contract, shall be at Seller's disposal.
11.6 Seller shall only refund any costs for remedying a defectin particular modifications and errors that occur during installation, undertaken by ▇▇▇▇▇ himself, if ▇▇▇▇▇▇ 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 damages due to normal use. His obligation shallwear and tear, humidity, extreme heat or extreme cold in particularthe rooms, not apply to defects that are due to inadequate installation any other improper ex- ternal influences or improper usage on the part of Buyer or Buyer's representativethe 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, inadequate maintenancefor example failure to comply with the packaging and dispatch requirements available under (“Pack- aging” and “Shock- and Tilt-Watch” sticker, inadequate repairs or modifications undertaken by other persons than Seller or Seller's representative without cf. figure 8.6). BFTS explicitly reserves the written agreement of Sellerright to refuse to accept the hardware, normal wearshould the dispatch thereof not conform to BFTS specifications.
11.8 Seller shall be liable 9.5 Regarding the software supplied, BFTS only guarantees the consistency with the pro- gramme specifications provided for those parts of by the goods that Seller obtained from subcontractors prescribed by ▇▇▇▇▇ only to manufacturer, inasmuch as the extent of Seller's own warranty claims vis-à-vis the sub-contractor. If Seller produces items software is installed on the basis of Buyer's design data, draw- ings or models, Seller's liability shall not extend to systems specified by BFTS in accordance with the accuracy of manufacturer’s soft- ware guidelines and is used by the design but as to whether the workmanship complies with ▇▇▇▇▇'▇ instructions. In such cases, Buyer shall keep Seller harm- less and free from any court action, purchaser in the event of an infringement of proprietary rights. When accepting repair jobs or reworking or modifying old as well as third-party goods, or when delivering second-hand goods, Seller shall not accept any warrantycombinations contractually speci- fied by BFTS.
11.9 As of the beginning of the warranty period, Seller shall not accept any liability that extends beyond the scope defined in the present article.
Appears in 1 contract
Sources: Sales Contracts
Warranty. 11.1 Subject to the below provisions9.1 Unless expressly agreed otherwise, 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 proper- ties.
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 assem- bly, in case of a delivery with assembly respectively.
11.3 Buyer may claim the present article only if he informs ▇▇▇▇▇▇ 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 Sellerconsumer'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 re- turned 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 warranty claims shall be at Seller's costs and risk, unless otherwise agreed.
11.5 The defective goods or partsgoverned by the statutory provisions. Excluded from this are the updating obligations of § 7 VGG, which are replaced according expressly excluded by individual agreement.
9.2 If you are an entrepreneur within the meaning of the KSchG, the statutory provisions apply with the following modifications:
9.2.1 Only our own specifications and the manufacturer's product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer.
9.2.2 You are obliged to inspect the present article, goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This shall also apply to hidden defects discovered at a later date. The assertion of warranty claims shall be at Seller's disposal.
11.6 Seller shall only refund any costs for remedying a defect, undertaken by ▇▇▇▇▇ himself, if ▇▇▇▇▇▇ 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 ▇▇▇▇▇ only to the extent of Seller's own warranty claims vis-à-vis the sub-contractor. If Seller produces items on the basis of Buyer's design data, draw- ings or models, Seller's liability shall not extend to the accuracy of the design but as to whether the workmanship complies with ▇▇▇▇▇'▇ instructions. In such cases, Buyer shall keep Seller harm- less and free from any court action, excluded in the event of an infringement a breach of proprietary rights. When accepting repair jobs or reworking or modifying old as well as third-party goods, or when delivering second-hand goods, Seller shall not accept any warrantythe obligation to inspect and give notice of defects.
11.9 As 9.2.3 In the event of defects, we shall provide warranty at our discretion by repair or replacement. In the event of rectification, we do not have to bear the increased costs arising from the transportation of the beginning goods to a place other than the place of performance, provided that the transportation does not correspond to the intended use of the warranty period, Seller shall not accept any liability goods.
9.2.4 A-Trust warrants that extends beyond the scope defined software or hardware meets the specifications set out in the present articlerespective offer at the time of handover/provision. The burden of proof for the existence of defects lies with the customer if he is an entrepreneur. The presumption of defectiveness in accordance with § 924 ABGB is excluded for entrepreneurs. A-Trust accepts no liability for defects that arise after handover/provision due to a failure to update. In particular, an obligation to update within the meaning of § 7 VGG is excluded.
9.2.5 If the supplementary performance fails twice, you can demand a price reduction or withdraw from the contract at your discretion.
9.2.6 The warranty period is one year from delivery of the goods.
Appears in 1 contract
Sources: Allgemeine Geschäftsbedingungen
Warranty. 11.1 Subject 8.1 Within the scope of the following provisions we guarantee that, at the time of passing of risk of the delivery or service, the products delivered and services rendered are free of defects that would reduce the value or restrictthe suitability in normal use of thegoods or services or in their use agreed according to contract.
8.2 All products and services having a defect during the warranty period, shall - at thediscretion of theSupplier - be subsequentlyimproved free of charge, re-supplied or performed afresh, provided that the cause of such defect is based on a material or legal defect which existedalready at the time of passing of risk. Wear and tear by normal use and defects caused by improper use, improper handling, transport and storage, respectively, aswell as by non-observance of manufacturer's, mounting or operating instructions, are notwarranted.
8.3 Unless otherwise agreed in writing, the details about our products, in particular illustrations, drawings, technical data and references to standards and specifications contained in our offers andcatalogues,do not represent any guarantee regarding quality and durability, but are only descriptions or markings. This applies mutatis mutandis 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 proper- tiesdelivery of samples and specimens.
11.2 8.4 The above obligation Customer shall only apply to such defects that appear within a period of one yearinspect the goods immediately after delivery, when working a one-shift operationeven if samples and specimens had been provided beforehand, as of the passage of risk, or as of the completed assem- bly, in case of a delivery with assembly respectively.
11.3 Buyer may claim the present article only if he informs ▇▇▇▇▇▇ and notify us in writing and without delay of any defects, including hidden defects, or differences in quantity. Otherwise, the goods shall be deemed as accepted, unless defects are concerned that have appearedcould not be detected during the inspection.
8.5 The warranty period shall be 24 months from the date of handing over of the products totheCustomer atthe place of performance; atthe latest, however, from the date of delivery on its premises. The arrangements on presumption Insofar as work performances are subject of the contract, the warranty period shall begin upon acceptance.
8.6 We shalltake overthe costs that mayaccrue according to item8.2 for subsequent performance. Excluded are follow-up costs for loss of production, loss of profit and the like, as well as extra costs incurred by dispatching the deliverables to a place other than the place of performance.
8.7 The costs accruing by any unjustified notices of defects shall be borne by theCustomer. Lump-sum costburdens fornotices of defects givenby Customers shall not be accepted.
8.8 Insofar asweact asa Supplier of materials orparts to our Customers, we are not subject to any liability according § 924 478 of the Austrian General German Civil Law Code [BGB].
8.9 Further claims 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 re- turned 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 stipulated in these Terms and Conditions of the reworked or replaced goods or parts to Buyer shall be at Seller's costs and risk, unless otherwise agreedSale.
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 ▇▇▇▇▇ himself, if ▇▇▇▇▇▇ 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 ▇▇▇▇▇ only to the extent of Seller's own warranty claims vis-à-vis the sub-contractor. If Seller produces items on the basis of Buyer's design data, draw- ings or models, Seller's liability shall not extend to the accuracy of the design but as to whether the workmanship complies with ▇▇▇▇▇'▇ instructions. In such cases, Buyer shall keep Seller harm- less and free from any court action, in the event of an infringement of proprietary rights. When accepting repair jobs or reworking or modifying old as well as third-party goods, or when delivering second-hand goods, Seller shall not accept any warranty.
11.9 As of the beginning of the warranty period, Seller shall not accept any liability that extends beyond the scope defined in the present article.
Appears in 1 contract
Warranty. 11.1 Subject 8.2.1 The contractor shall carry out an out-going goods inspection before delivery of products to TNG and shall verify this to TNG upon request. During the out-going goods inspection, the contractor shall check in particular whether the products correspond to the below provisionsagreed properties and specifications.
8.2.2 For deliveries of products by the contractor, Seller it is incumbent upon TNG only to examine the products in the receiving department for identity and quantity deviations and for openly visible transport damage and obvious defects and to report these within a reasonable period, which shall undertake be at least ten (10) calendar days from receipt of the products, to remedy any defect affecting the fitness contractor. For concealed defects, the report is timely if it is made within five (5) working days after discovery of the defect. There is no further duty of inspection and reporting for use which is due TNG. If the products become unsaleable as a result of the examination, the quantity to be examined shall be reduced to a deficiency in design, material or workmanship. Seller shall also be responsible for any defects concerning expressly requested proper- tiesreasonable extent.
11.2 The above obligation shall only apply to such defects that appear within a period 8.2.3 If individual samples of one year, when working a one-shift operation, as of the passage of risk, or as of the completed assem- bly, in case products of a delivery with assembly respectivelyare defective, TNG can choose to demand that the contractor sorts out the defective products or to assert claims due to defects for the entire delivery. If an examination of the products, which extends beyond the normal extent of the incoming goods examination, becomes necessary due to the defects to the products, the contractor shall bear the costs for this examination.
11.3 Buyer may claim 8.2.4 In the present article only if he informs ▇▇▇▇▇▇ in writing and without delay case of any defects, TNG shall be entitled, irrespective of the statutory warranty claims, at its own discretion to request as subsequent performance the elimination of the defects that have appearedor the delivery of fault-free products by the Contractor. The arrangements on presumption according Contractor may reject the type of subsequent performance chosen by TNG if this is only possible by way of disproportionately high costs. The subsequent performance shall be provided by way of common consent with the Contractor with consideration given to § 924 of the Austrian General Civil Law Code are excludedTNG's operational requirements. 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 re- turned to Seller The expenses required for the purpose of reworking or replacement, Buyer subsequent performance shall bear be borne by the costs and Contractor. This also applies if the risk products have been transported to a location other than the delivery address stated by TNG following delivery in accordance with the intended use of the transportproducts. If the Contractor fails to honour its obligation to provide subsequent performance within a reasonable period set by TNG, unless otherwise agreed. The re-shipment of TNG may, without an additional threat and without setting an additional period, perform the reworked or replaced goods or parts to Buyer shall be necessary measures at Sellerthe Contractor's costs cost and risk, or arrange to have these performed by a third-party, unless otherwise agreed.
11.5 The defective goods the Contractor is not responsible for the lacking provision of the due performance. Setting the period may be waived if the Contractor seriously and ultimately refuses or partsif special circumstances apply, which are replaced according to under consideration of both parties interests justify the present article, shall be at Seller's disposal.
11.6 Seller shall only refund any costs for remedying a defect, undertaken by ▇▇▇▇▇ himself, if ▇▇▇▇▇▇ has agreed to immediate assertion of the warranty claim. Special circumstances in 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 shallsense apply, in particular, in urgent cases in which subsequent performance by the Contractor are in all likelihood will not apply render the pending disadvantage for TNG inapplicable. In such a case, TNG shall be entitled to conduct the necessary measures at the Contractor's cost and risk without expiry in vain of a reasonable period provided TNG notifies the Contractor of this. This does not affect the regulation with regard to the withdrawal in accordance with Section I sub-section 4.5.
8.2.5 Accepting the deliveries or services as well as processing, paying for and re- ordering deliveries or services not yet identified as faulty and for which notification of defects that are due to inadequate installation has not yet been given do not constitute any authorisation of the delivery or service or any waiving of warranty claims on the part of Buyer TNG.
8.2.6 A warranty period of three years shall apply to purchase agreements for moveable objects, which are used for a construction. Moreover, the warranty period for defects shall be two years unless longer warranty periods are statutorily required. In particular, it is five years for the delivery of products, which are used corresponding to their intended use for a construction and which caused their defect, for work to structural facilities, earthworks or Buyer's representativesurface works, inadequate maintenanceand to energy lines of all kinds. It shall start upon handover of the product to TNG of its authorised representative or with acceptance of the work. For equipment, inadequate repairs or modifications undertaken by other persons than Seller or Seller's representative without machinery and plant, the period shall start on the date of acceptance specified in the written agreement of Selleracceptance declaration. The claims due to defects reported by TNG within the warranty period, normal wear.
11.8 Seller the claims due to defects shall expire no earlier than three months after the report. Defects identified during the warranty period shall also be liable for those parts of covered by the goods that Seller obtained from subcontractors prescribed by ▇▇▇▇▇ warranty if the defects are only to the extent of Seller's own warranty claims vis-à-vis the sub-contractor. If Seller produces items on the basis of Buyer's design data, draw- ings or models, Seller's liability shall not extend to the accuracy of the design but as to whether the workmanship complies with ▇▇▇▇▇'▇ instructions. In such cases, Buyer shall keep Seller harm- less and free from any court actioncorrected, in consultation with the event of an infringement of proprietary rights. When accepting repair jobs or reworking or modifying old as well as third-party goodscontractor, or when delivering second-hand goods, Seller shall not accept any warranty.
11.9 As of after the beginning end of the warranty period, Seller e.g. as part of an audit.
8.2.7 With regard to delivery parts other than the faulty deliver parts that cannot be put into operation during the inspection of the defect and/or the rectification of defects, the ongoing warranty period shall not accept any liability that extends beyond be extended by the duration of the interruption of operations. With regard to subsequently improved or replacement parts, the warranty period shall commence afresh upon conclusion.
8.2.8 If TNG has additionally purchased specific spare parts from the Contractor in stock, and if these spare parts become unusable in the course of the Contractor's supplementary performance work, e.g. due to the contractor changing or replacing parts within the scope defined of warranty, the Contractor is obliged to replace the unusable and already purchased spare parts at no charge for TNG, i.e. TNG is entitled to spare parts at no additional costs that are compatible with the replaced parts, provided by the Contractor in the present articlecourse of the supplementary performance. In addition, the Contractor agrees to avoid subsequent performance work with such effects on spare parts already purchased by the Contractor.
8.2.9 If TNG reports a defect, which because of the objective facts justifies a suspicion that this is a series defect, i.e. a defect that exists equally in comparable parts of the contractual object / plant (e.g. construction errors, defective material or assembly), especially if it impairs the operation or usability, the contractor shall correct all defects / weak points of all comparable parts of the delivery or work and services, unless it verifies that the series defect does not exist for these parts.
8.2.10 If operations are interrupted during the warranty period, the warranty period shall be extended by the total duration of such interruptions provided they have been caused by faulty delivery or performance on the part of the Contractor.
8.2.11 This does not affect further-reaching guarantees on the part of the Contractor.
8.2.12 To honour its warranty obligation, the Contractor assigns to TNG its existing warranty claims against suppliers and subcontractors subject to a condition precedent in the event of insolvency of the Contractor TNG accepts the assignment.
9.1 The Contractor is liable as part of the statutory provisions for violations of obligations and for material, personal and pecuniary damage occasionally caused to TNG while performing the assignment.
9.2 The contractor shall indemnify TNG from claims for compensation, which are made by third parties against TNG for damages attributed to it or on the occasion of the contractual fulfilment by the contractor, unless the contractor is not responsible for this.
Appears in 1 contract
Warranty. 11.1 Subject to 6.1 In the below provisionsabsence of any express contrary provision or express contrary written agreements, Seller the statutory warranty provisions 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 proper- tiesapply.
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, 6.2 Warranted features as of the passage of risk, or as of the completed assem- bly, in case of a delivery with assembly respectively.
11.3 Buyer may claim the present article only if he informs ▇▇▇▇▇▇ in writing and without delay of any defects that have appeared. The arrangements on presumption according to defined by § 924 of the 922 (1) ABGB (Austrian General Civil Law Code Code) are excludedonly features that are expressly indicated by NUFARM as such. Once Seller has Product recommendations from of NUFARM or its subcontractors relating to Goods and product descriptions provided by NUFARM (or a third-party producer) shall not be deemed as expressly warranted features. On samples and specimens, see Article 5 above.
6.3 Defects of the Goods that are not reported to NUFARM in writing (e-mail and fax are sufficient) within 8 days of its arrival at the agreed destination (defect notice shall be deemed approved. The defect notice must describe the defect as detailed as possible. The Customer bears the burden of proof that it submitted the defect notice in due time and that the relevant Goods, upon delivery, were defective upon delivery.
6.4 Defects that cannot be identified within the above period of time despite careful examination are excluded from the deemed approval in accordance with clause 6.3. However, such defects shall be deemed to have been informed approved if they are not reported to NUFARM in the above manner immediately after their discovery but no later than 6 weeks after the arrival of defects the Goods at their agreed.
6.5 At NUFARM’s request, samples of the defective Goods and suitable evidence shall be sent to NUFARM within 8 days after receipt of a relevant request by NUFARM at the latest. If such request is not met, the relevant Goods shall be deemed to have been accepted.
6.6 The Customer can no longer assert any claim against NUFARM arising out of or in this wayconnection with an identified defect it is deemed approved. If a (obvious or hidden) defect is not reported in time, Seller shall - if the defects must be remedied according Customer loses claims with regards to the provisions defect Goods, including, but not limited to, warranty and damages claims.
6.7 After the defect was discovered by Customer, any further disposal of the present article -at Seller's choice:relevant Goods, in particular (further) treatment or processing, is not permitted without the express consent of NUFARM, otherwise all claims of Customer are lost.
a) rework 6.8 Asserting a defect claim will not release the Customer from his payment obligation.
6.9 Except for samples of the defective goods on site;
b) have Goods requested by NUFARM, the defective Goods shall not be returned without the prior written consent of NUFARM. In the event that the goods are nevertheless returned, NUFARM shall generally be reimbursed for any costs incurred by NUFARM in connection therewith. The Customer will not be entitled to derive any claims whatsoever or other legal consequences from the defective parts shipped back for reworking;
c) replace take-over of the defective parts;
d) replace Goods. Likewise, an examination of the defective goodsdefect by NUFARM shall not give rise to any Customer claims or other legal consequences.
11.4 If Seller arranges 6.10 The usability of the Goods for the defective goods a specific purpose or parts to in a specific way shall be re- turned to Seller for the purpose of reworking or replacement, Buyer shall bear the costs and at the risk of the transportCustomer, unless otherwise agreedagreed in writing. The re-shipment provisions of Article 5 and of Article 7 shall apply mutatis mutandis to any claims arising from such an agreement.
6.11 When a proper and justified defect notice has been given in good time, NUFARM will at its own discretion deliver flawless goods of the reworked or replaced goods or parts to Buyer shall be at Seller's costs ordered kind, quality, size and riskform (replacement delivery; improvement, unless otherwise agreed.
11.5 The defective goods or partsexchange), which are replaced according make a price reduction on the relevant Goods in proportion to the present article, shall be at Seller's disposal.
11.6 Seller shall only refund any costs for remedying a defect, undertaken by ▇▇▇▇▇ himselfor take back the Goods against a refund of the purchase price (rescission). Any other warranty and other claims arising out of or in connection with the warranty, if ▇▇▇▇▇▇ has agreed to including, but not limited to, damages, are excluded; 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, does not apply to defects that are due to inadequate installation in the case of fault-based Customer claims caused by gross negligence 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 wearNUFARM.
11.8 Seller 6.12 The application of §§ 924 sentence 2, 933b Austrian General Civil Code (ABGB) is hereby excluded.
6.13 In the event that NUFARM rejects the defect notice in writing, the Customer must assert its claims in court within 12 months, failing which the Customer shall be liable for those parts of the goods that Seller obtained from subcontractors prescribed by ▇▇▇▇▇ only to the extent of Seller's own forfeit all warranty claims vis-à-vis the sub-contractor. If Seller produces items on the basis of Buyer's design data, draw- ings or models, Seller's liability shall not extend to the accuracy of the design but as to whether the workmanship complies with ▇▇▇▇▇'▇ instructions. In such cases, Buyer shall keep Seller harm- less and free from any court action, in the event of an infringement of proprietary rights. When accepting repair jobs or reworking or modifying old as well as third-party goods, or when delivering second-hand goods, Seller shall not accept any warrantyand/or all warranty claims will be excluded.
11.9 As of the beginning of the warranty period, Seller shall not accept any liability that extends beyond the scope defined in the present article.
Appears in 1 contract
Warranty. 11.1 Subject 5.1 The time limit of the warranty is one year and commences with the date of delivery. This can be null and void in single cases where any other agreement has been arranged respectively fraudulent reproaches can be made against IMS-TIGER electronics. The obligation to indicate defects according to clause 5.6 remains unaffected.
5.2 Should operating and maintenance notices not be followed, products be altered, parts exchanged, mounted or functional parts be used, that do not correspond to the below provisionsoriginal specifications, Seller shall undertake then all warranty rights are not applicable other than it can be proven that the defect is not attributable to remedy any defect affecting improper handling or interference.
5.3 Product quality is principally regarded as characteristics, which the fitness for use which is buyer can rely upon due to statements made by IMS-TIGER electronics or due to the manufacturer’s product descriptions, other than IMS-TIGER electronics did not know nor have to know of these statements at the time the contract was concluded or at that time equivalently corrected or could not influence the decision to buy the product. Any other statements given by the manufacturer, especially in advertisements are not regarded as a deficiency in designstipulated condition of the product.
5.4 Should the buyer receive an insufficient mounting instruction, material or workmanshipthen IMS-TIGER electronics is only obliged to deliver a fault-free mounting instruction and this only if the mounting instruction default would lead to an insufficient mounting.
5.5 The buyer shall not receive any kind of legally stated warranties through IMS-TIGER electroncics. Seller Manufacturer’s warrantees shall also stay unaffected.
5.6 The buyer shall immediately on receipt of a shipment from IMS-TIGER electronics, 14 days at the latest inspect the products for defects and report apparent defects to IMS-TIGER electronics. Not apparent defects are to be reported immediately, but 14 days at the latest after the discovery. Observance of deadline is an on time return notification. Should the notification be disregarded then the enforcement of any warranty claim is excluded. The buyer is responsible for full burden of proof for any defects concerning expressly requested proper- tiesclaim especially for the defect itself, the time of filing the deficiency claim and for an on-time notice of defect.
11.2 5.7 The above obligation shall only apply to such defects that appear within a period warranty of one year, when working a onemerchantable quality will at discretion of IMS-shift operation, as TIGER electronics be performed by repair or replacement of the passage faulty product. If the repair or replacement is not satisfactory, the buyer shall be principally entitled to demand a reduction of risk, purchase price or as rescission of the completed assem- blycontract. For any minor contradictions to the contract, in case of a delivery with assembly respectivelyespecially minor deficiencies the buyer has no withdrawal rights from the contract.
11.3 Buyer 5.8 In order to carry out such warranty obligations IMS-TIGER electronics may claim at its own discretion request the present article only if he informs ▇▇▇▇▇▇ 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:buyer to
a) rework return the defective goods on site;faulty product for repair to IMS-TIGER electronics at the buyers own expense or
b) have prepare the defective goods or faulty product for a service technician commissioned by IMS-TIGER electronics to carry out the defective parts shipped back for reworking;
c) replace repair as agreed with the defective parts;
d) replace the defective goodsbuyer.
11.4 If Seller arranges 5.9 Should the buyer choose to rescind from contract after a failed repair then the buyer shall not be entitled to any further claim for damages. Should the defective goods or parts buyer choose to claim for damage after a failed attempt to repair, then the product shall remain with the buyer in so far as it be re- turned reasonable. The claim for damage is limited to Seller for the purpose of reworking or replacement, Buyer shall bear difference between the costs sales price and the risk value of the transport, unless otherwise agreedfaulty material. 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 ▇▇▇▇▇ himself, if ▇▇▇▇▇▇ 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, This although does not apply to defects that are due to inadequate installation on if the part default was caused by deception 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 wearIMS-TIGER electronics.
11.8 Seller shall be liable for those parts of the goods that Seller obtained from subcontractors prescribed by ▇▇▇▇▇ only to the extent of Seller's own warranty claims vis-à-vis the sub-contractor. If Seller produces items on the basis of Buyer's design data, draw- ings or models, Seller's liability shall not extend to the accuracy of the design but as to whether the workmanship complies with ▇▇▇▇▇'▇ instructions. In such cases, Buyer shall keep Seller harm- less and free from any court action, in the event of an infringement of proprietary rights. When accepting repair jobs or reworking or modifying old as well as third-party goods, or when delivering second-hand goods, Seller shall not accept any warranty.
11.9 As of the beginning of the warranty period, Seller shall not accept any liability that extends beyond the scope defined in the present article.
Appears in 1 contract
Sources: Terms and Conditions of Sale
Warranty. 11.1 Subject According to our knowledge, the below provisionsdesign product created by us is an independent, Seller shall undertake to remedy any defect affecting personal and intellectual creation. However, we do not warrant that the fitness for use which is due to design product constitutes a deficiency in design, material or workmanship. Seller shall also be responsible for any defects concerning expressly requested proper- tiesnovelty.
11.2 The above obligation Immediately upon receipt of the design product/develop- ment result, the customer shall only apply be obliged to such defects that appear within a period of one year, when working a one-shift operationexamine it for any defects, as to its condition and whether or not it complies with the guaranteed specifications. If there are any visible defects, incorrect or incomplete supplies, deviating volumes or measure- ments or defects caused during transport or in respect of the passage of riskpackaging, or as the customer shall have to record this immediately upon receipt of the completed assem- blygoods on the consignment note resp. the delivery note and to send us a written complaint for defects immediately or within seven days from the date of supply, at the latest. If the customer does not make any complaint for defects within this deadline, the design product/development result shall be deemed to be free from any defects and accepted as complying with the agreement. Any defects which cannot be found within this deadline even in case the course of a delivery with assembly respectivelythorough examination shall have to be communicated to us immediately upon their detec- tion. The same shall be true for to defects which occur within the warranty period. If a defect is not communicated to us in time, no warranty shall apply.
11.3 Buyer In addition, the customer shall be obliged to examine the design product in its own responsibility as to its fitness for its intended use, its safety and its realization, as our work is focused on the design.
11.4 In case of any defects, our warranty shall be limited to repair or replacement, as we may claim elect.
11.5 If a defect covered by the present article warranty cannot be remedied by repair or replacement within an appropriate period of time, the customer shall be entitled to rescind from the agreement in respect of this defective product or request a reduction of its purchase price.
11.6 Any warranty claims shall become time-barred after twelve months, commencing at the date of acceptance. The period of prescription persuant to § 438 Abs. 1 Nr. 2 German Civil Code and § 634a Abs. 1 Nr. 2 German Civil Code remains untouched.
11.7 The above clauses contain all provisions with regard to any warranties granted for our services. Any further liability shall only if he informs be defined pursuant to the provisions in clause 12 of these General Business Conditions. ▇▇▇.▇▇▇▇▇▇ 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 re- turned 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 ▇▇▇▇▇ himself, if ▇▇▇▇▇▇ 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 ▇▇▇▇▇ only to the extent of Seller's own warranty claims vis-à-vis the sub-contractor. If Seller produces items on the basis of Buyer's design data, draw- ings or models, Seller's liability shall not extend to the accuracy of the design but as to whether the workmanship complies with ▇▇▇▇▇'▇▇▇.▇▇ instructions. In such cases, Buyer shall keep Seller harm- less and free from any court action, in the event of an infringement of proprietary rights. When accepting repair jobs or reworking or modifying old as well as third▇▇▇▇@▇▇▇▇▇-party goods, or when delivering second▇▇▇▇▇▇-hand goods, Seller shall not accept any warranty▇▇▇▇▇▇▇▇.
11.9 As of the beginning of the warranty period, Seller shall not accept any liability that extends beyond the scope defined in the present article.▇▇
Appears in 1 contract
Sources: General Terms and Conditions
Warranty. 11.1 Subject 1. The Supplier hereby guarantees and assures that all goods and/or services shall conform to the below state-of-the-art technology, all relevant legal provisions, Seller rules and re- gulations issued by the applicable authorities and /or industrial trade associa- tions. If, in individual cases, it is necessary to deviate from such stipulations, the Supplier shall undertake to remedy obtain the prior written consent of MD. Such consent shall in no way diminish obligations under the warranty. The Supplier also assures that any defect affecting items of capital expenditure and services pro- vided shall be in compliance with the requirements listed above as well as the respective purchase order and, if applicable, specifications, drawings, CAD data, descriptions and/or samples transmitted or specified by MD and shall be suitable for being used for the intended purposes (warranty of fitness for a particular pur- pose) and intended output and shall dispose of any and all markings, labeling and certification required for such use which is due to a deficiency in design, material or workmanship. Seller shall also be responsible for any defects concerning expressly requested proper- tiesat the intended operation site.
11.2 The above obligation 2. In the event that the Supplier has reservations regarding the type of construction requested by MD, they shall only apply immediately advise MD accordingly in writing. No changes may be implemented except prior to such defects that appear within a period of one year, when working a one-shift operation, as written consent. This shall in no way influence the binding nature of the passage of risk, or as of the completed assem- bly, in case of a delivery with assembly respectivelydate originally envisaged.
11.3 Buyer may claim 3. MD shall immediately notify the present article only if he informs ▇▇▇▇▇▇ in writing and without delay Supplier of any defects that have appeared. The arrangements on presumption according to § 924 in the goods or services and of any damage incurred during transport or packing as soon as these are identified in the normal course of business, however in the case of recognizable defects, no later than 14 working days following delivery of the Austrian General Civil Law Code are excluded. Once Seller has been informed of defects in this waygoods, 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 goodsand with concealed defects, within 7 working days after discovery.
11.4 If Seller arranges for the defective goods 4. Acceptance or parts to be re- turned to Seller for the purpose approval of reworking samples or replacement, Buyer specimen presented shall bear the costs and the risk not imply a wa- iver 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 ▇▇▇▇▇ himself, if ▇▇▇▇▇▇ 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 claims 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 wearMD.
11.8 Seller 5. Within two working days after having received the returned goods (being com- plained about), the Supplier shall inform MD of the corrective measures that were immediately taken.
6. Should the Supplier fail to honor his obligation to subsequent performance within a reasonable period of time stipulated by MD, or should subsequent performance be liable for those parts unjustly refused by the Supplier, be unsuccessful or make unreasonable de- mands on MD, especially in the case of imminent danger, MD may, notwith- standing the warranty obligations of the Supplier, undertake the necessary mea- sures itself at the expense and risk of the Supplier, or commission a third party to carry out the same.
7. Warranty claims expire after a period of 48 months after initial vehicle registration or installation of the replacement parts, however no later than 60 months after delivery of the goods that Seller obtained to MD, providing no longer periods are applicable by law for warranty claims. By way of derogation from subcontractors prescribed foregoing provisions, a warranty period of 24 months shall apply with respect to items of capital goods. The warranty period shall start on acceptance of the items of capital goods.
8. In the case of parts which cannot remain operational while the defect is being investigated and/or remedied, any warranty period still in effect shall be extended by ▇▇▇▇▇ only to the extent duration of Seller's own warranty claims vis-à-vis the sub-contractorsuch interruption. If Seller produces items on parts are replaced or defects remedied, the basis of Buyer's design data, draw- ings statutory warranty period for repaired or models, Seller's liability replacement parts shall not extend to the accuracy recommence upon completion of the design but as to whether repair or upon receipt of the workmanship complies with ▇▇▇▇▇'▇ instructions. In such cases, Buyer shall keep Seller harm- less and free from any court action, in the event of an infringement of proprietary rights. When accepting repair jobs or reworking or modifying old as well as third-party goods, or when delivering second-hand goods, Seller shall not accept any warrantyreplacement parts by MD.
11.9 As of the beginning of the warranty period9. MD erhält für die ihr durch die Mangelhaftigkeit der Ware entstandenen Aufwen- dungen einen Aufwendungsersatz pro Gewährleistungsfall wie nachfolgend gere- gelt. Gewährleistungsfall bei MD Unternehmen in Europa: 75,- EUR Gewährleistungsfall bei MD Unternehmen in Asien: 750,- CNY Gewährleistungsfall bei MD Unternehmen in Mexiko: 1.500,- MXN MD ist berechtigt einen höheren Aufwendungsersatzanspruch nachzuweisen. Ebenso ist der Lieferant berechtigt zu beweisen, Seller shall not accept any liability that extends beyond the scope defined in the present articledass ein niedrigerer oder gar kein Aufwendungsersatzanspruch entstanden ist.
10. Mit dem Zugang der schriftlichen Mängelanzeige von MD beim Lieferanten ist die Verjährung von Gewährleistungsansprüchen gehemmt, bis der Lieferant die An- sprüche ablehnt oder den Mangel für beseitigt erklärt oder sonst die Fortsetzung von Verhandlungen über die Ansprüche verweigert.
11. MD behält sich das Recht vor, alle Produkte, die von den MD Spezifikationen ab- weichen, an den Lieferanten auf seine Kosten zur Gutschrift, Rückerstattung oder Ersatz zurückzuschicken.
Appears in 1 contract
Sources: Einkaufsbedingungen
Warranty. 11.1 Subject 17.1. For entrepreneurial Customers, the warranty period for our services amounts to one year from handover.
17.2. The date of handover will be the below provisionsdate of completion unless otherwise agreed (e.g., Seller the date of formal accep- tance), but at the latest when Customer has taken over the service and placed it under that party’s control, or has refused acceptance without providing grounds.
17.3. The rectification of a defect claimed by Customer does not constitute acknowledgement of said defect.
17.4. Entrepreneurial Customers shall undertake grant us at least two attempts to remedy any defects.
17.5. If Customer’s defect affecting claims are unsubstantiated, Customer shall compensate us for expenses we have incurred by determining the fitness for use which is due lack of defects or by troubleshooting.
17.6. Entrepreneurial Customers shall always bear the burden of proof that the defect in question was present on the handover date.
17.7. Defects that an entrepreneurial Customer has (or should have) detected in the delivery object by examina- tion in the course of ordinary business after delivery must be indicated to a deficiency us in designwriting without undue delay, material or workmanshipbut at the latest 8 days after handover. Seller shall Hidden defects must also be responsible for any defects concerning expressly requested proper- tiesindicated within this reasonable time limit after their discovery.
11.2 The above obligation 17.8. Customer shall only apply to such defects that appear within a period of one year, when working a one-shift operation, as discontinue without undue delay any use or processing of the passage defective object of riskdelivery which threatens further damage, or as hinders or prevents the cause of the completed assem- blydefect from being determined, in case of a delivery with assembly respectivelyprovided this is feasible for Customer.
11.3 Buyer may claim 17.9. If no notice of defect is made in a timely manner, the present article only if he informs ▇▇▇▇▇▇ in writing and without delay of any defects that have appearedgoods will be deemed accepted.
17.10. Customer shall return the defective delivery or samples thereof to us, provided this is economically feasible.
17.11. The arrangements on presumption according to § 924 entrepreneurial Customer shall bear all costs for the return transport 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 defective item 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 goodsus.
11.4 If Seller arranges for the defective goods or parts 17.12. Customer shall enable us to be re- turned to Seller for the purpose of reworking or replacement, Buyer shall bear the costs and the risk of the transport, unless otherwise agreeddetermine defects without undue delay.
17.13. The re-shipment of the reworked or replaced goods or parts to Buyer shall be at Seller's costs warranty is excluded if Customer’s technical facilities (such as supply lines, cables, etc.) are not in an operational 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 ▇▇▇▇▇ himself, if ▇▇▇▇▇▇ 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 ▇▇▇▇▇ only to the extent of Seller's own warranty claims vis-à-vis the sub-contractor. If Seller produces items on the basis of Buyer's design data, draw- ings or models, Seller's liability shall not extend to the accuracy of the design but as to whether the workmanship complies with ▇▇▇▇▇'▇ instructions. In such cases, Buyer shall keep Seller harm- less and free from any court action, in the event of an infringement of proprietary rights. When accepting repair jobs or reworking or modifying old as well as third-party goodstechnically flawless condition, or when delivering second-hand goodsare not compatible with the delivered object, Seller shall not accept any warrantyprovided this circumstance has a causal connection with the defect.
11.9 As of the beginning of the warranty period, Seller shall not accept any liability that extends beyond the scope defined in the present article.
Appears in 1 contract
Warranty. 11.1 Subject The Supplier warrants that the Contractual Products conform to the below provisionsagreed specifications, Seller shall undertake to remedy any defect affecting are fit for the fitness for use which is due to a deficiency intended use, are in design, material or workmanship. Seller shall also be responsible for any defects concerning expressly requested proper- ties.
11.2 The above obligation shall only apply to such defects that appear within a period line with the recognised state of one year, when working a one-shift operation, as of the passage of risk, or as of the completed assem- bly, in case of a delivery with assembly respectively.
11.3 Buyer may claim the present article only if he informs ▇▇▇▇▇▇ in writing technology 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 free of defects in this wayconstruction, Seller material and execution. Furthermore, the Supplier warrants that no protective rights of third parties will be infringed with use of the Contractual Products as intended by the Ordering Party and its customers. The guarantee period amounts to 24 months from acceptance of the Contractual Products by the Ordering Party. Should the Ordering Party find defects in any Contractual Products delivered, that shall be reported to the Supplier. The Supplier undertakes to rework or replace the defective products at its discretion. It bears ail costs in connection with the rework or replacement (inspection, transport, dismantling, assembly etc.). Should the Supplier not succeed in restoring the condition in accordance with contract within a reasonable period of notice, the Ordering Party shall be entitled, at its own discretion, to demand either a price reduction or - if in the event of serious defects must be remedied according ~ to rescind the contract concerned or have the defective Contractual Products reworked or replaced itself or by a third party at the expense and risk of the Supplier. If the Ordering Party incurs any loss as the result of delivery of defective Contractual Products, the Supplier undertakes to bear that loss unless it can demonstrate that it is not at fault for the defect. If the Ordering Party is sued by third parties based on the provisions of product liability law, because Contractual Products were defective within the present article -at Seller's choice:
a) rework meaning of these provisions, the Supplier shall indemnify the Ordering Party for those claims. The Ordering Party shall notify the Supplier as soon as it learns of such claims and allow it to contest unjustified claims. The Ordering Party may leave the litigation to the Supplier if it becomes clear that only Contractual Products of the Supplier can be the cause of the damage. If, in the opinion of the Ordering Party, a product recall is impending due to defective goods on site;
b) have Contractual Products, the defective goods or Ordering Party shall orientate 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 re- turned to Seller for the purpose of reworking or replacement, Buyer shall bear Supplier forthwith provided that any delay does not entail risks. The Supplier bears 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 ▇▇▇▇▇ himself, if ▇▇▇▇▇▇ 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 ▇▇▇▇▇ only recall action to the extent the recall has become necessary an account of Seller's own warranty claims defects in the Contractual Products. If there are several reasons for a recall, the costs shall be borne proportionally. The Supplier shall be deemed in arrears as soon as it fails to meet an agreed delivery date, without same requiring any reminder. The consequences of such arrears shall be based on the applicable law. All rights to documents (plans, sketches, formulations, technical descriptions etc.) and the items shown in them, which the Ordering Party provides to the Supplier within the context of these GTCP, remain with the Ordering Party and shall be returned to it after use or upon first request by the Ordering Party. Both Parties mutually undertake to treat all Information, which is marked as confidential or by its very nature should be treated confidentially, and which they receive from one another within the context of these GTCP, secret vis-à-vis the sub-contractorthird parties. If Seller produces items on the basis They shall ensure adherence to this obligation by their employees and any and all suppliers and/or subcontractors. The duty of Buyer's design data, draw- ings or models, Seller's liability shall not extend to the accuracy of the design but as to whether the workmanship complies with ▇▇▇▇▇'▇ instructions. In such cases, Buyer shall keep Seller harm- less and free from any court action, in the event of an infringement of proprietary rights. When accepting repair jobs or reworking or modifying old as well as third-party goods, or when delivering second-hand goods, Seller shall not accept any warranty.
11.9 As of the beginning of the warranty period, Seller shall not accept any liability that confidentiality extends beyond the scope defined end of the cooperation for as long as an interest in the present articleconfidentiality remains.
Appears in 1 contract
Sources: Allgemeine Einkaufsbedingungen
Warranty. 11.1 Subject 8.2.1 These terms and conditions do not grant any guarantees. LEONI excludes any kind of updating obligations. Otherwise, the Customer shall be entitled to the below statutory warranty rights in accordance with the following provisions:
8.2.2 Immediately upon receipt of the goods, Seller the Customer shall undertake inspect the goods for compliance with the contract, in particular for completeness as well as condition and, if applicable, transport damage. Visible deviations, defects and damages are to remedy any defect affecting be notified to LEONI immediately, at the fitness for use which is due to a deficiency in designlatest within 5 working days of receipt, material hidden defects within the same period after discovery, by written or workmanship. Seller textual notification with detailed explanation, otherwise the warranty shall also be responsible for any defects concerning expressly requested proper- tieslapse.
11.2 The above obligation 8.2.3 All claims for defects shall only apply be subject to such defects the condition precedent that appear within the Customer has reported the defect to LEONI without delay in writing or elec- tronically after detection prior to any modification or processing and that a period of one year, when working a one-shift operation, as sample of the passage of riskgoods giving rise to the complaint has been provided. Trans- port damage must be noted on the consignment note and the delivery bill and confirmed by the driver with his signature.
8.2.4 Notwithstanding legal regulations, or as there is no warranty if damages result from improper handling of the completed assem- blygoods. Furthermore, there is no warranty if the Customer modifies the goods or has them modified by third parties wit- hout LEONI's consent and the elimination of the defect is thereby rendered impossible or unreasonably difficult. In any case, the Customer must bear the additional costs of remedying the defect arising from the modification.
8.2.5 The warranty only applies in case of substantial defects. Substantial defects are those which impair the suitability or value of the delivery in such a delivery way that it cannot be used by the Customer in accordance with assembly respectivelythe quality/use specified in the contract. In the case of insignificant defects, only a reduction of the purchase price shall be considered instead of further legal regulations applicable to defects not remedied by subsequent perfor- mance.
11.3 Buyer may claim 8.2.6 In the present article only if he informs ▇▇▇▇▇▇ in writing event of a material defect or defect of title within the period of limita- tion for defects pursuant to clause 8.12 below, LEONI will, at its discretion, either restore the goods to their contractual condition or provide a replace- ment free of charge 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 freight to the provisions contractual place 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 delivery against return of the defective goods.
11.4 If Seller arranges for 8.2.7 LEONI shall bear the defective goods or parts to be re- turned to Seller expenses necessary for the purpose of reworking or replacementsubsequent performance, Buyer shall bear in particular transport, travel, labour and material costs (with the exception of costs incurred because the goods were subsequently taken to a place other than the contractually agreed place of delivery) if a defect actually exists. Otherwise LEONI may claim reimbursement from the Customer of the costs and the risk incurred as a result of the transportunjustified claim for rectification of defects, unless otherwise agreedthe lack of defect was not recognisable to ler die aus dem unberechtigten Mangelbeseitigungsverlangen entstande- nen Kosten ersetzt verlangen, es sei denn, die fehlende Mangelhaftigkeit war für den Besteller nicht erkennbar. The re-shipment of the reworked or replaced goods or parts to Buyer shall be at Seller's costs and riskDie Nacherfüllung beinhaltet weder den Ausbau der mangelhaften Sache noch den erneuten Einbau, unless otherwise agreedwenn LEONI ursprünglich nicht zum Einbau verpflichtet war. Unabhängig davon liegt Unverhältnismäßigkeit gemäß § 439 Abs. 4 BGB vor, wenn Ein- und/ oder Ausbaukosten einzeln oder gemeinsam 50% des ursprünglichen Lie- ferwertes übersteigen; LEONI kann dann die ganze Nacherfüllung (ein- schließlich einer etwaigen Kostenerstattung) verweigern.
11.5 The defective goods or parts8.2.8 Ersetzte Ware wird Eigentum von LEONI. Für ersetzte Teile gelten wieder die Gewährleistungsregelungen dieser Bedingungen, which are replaced according to the present article, shall be at Seller's disposalsofern der Ersatz nicht nur aus Kulanz von LEONI erfolgt.
11.6 Seller shall only refund any costs for remedying a defect8.2.9 Sollte die Nachbesserung bzw. Ersatzlieferung fehlschlagen, undertaken by ▇▇▇▇▇ himselfkann der Besteller vom jeweiligen Einzelbestellvertrag zurücktreten oder Minderung geltend machen. Die Nacherfüllung gilt erst nach zwei erfolglosen Versu- chen als fehlgeschlagen. Hat der Besteller im Rahmen der gesetzlichen Vorschriften nach Maßgabe dieser Bedingungen ein Recht zum Rücktritt vom Vertrag, if ▇▇▇▇▇▇ has agreed to this procedure in writingdann muss sich der Besteller innerhalb von zehn Arbeits- tagen nach Eintritt der Voraussetzungen erklären, falls er vom Vertrag zurücktreten kann und will, ansonsten steht ihm neben dem Schadens- ersatz, soweit die Haftung von LEONI nicht nach Maßgabe von Ziffer 12 ausgeschlossen oder beschränkt ist, nur die Minderung zu.
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 shall8.2.10 LEONI schuldet keine Rückgriffsleistungen gemäß § 445a BGB, voraus- gesetzt der letzte Vertrag in der Lieferkette ist kein Verbrauchsgüterkauf; Rückgriffsleistungen von LEONI nach § 445a BGB sind in diesem Fall ins- besondere dann ausgeschlossen, wenn LEONI nur Teile geliefert hat oder wenn LEONI Teile für Lieferungen nur zusammengebaut hat.
8.2.11 In dem Umfang, in particulardem LEONI bezüglich der Lieferung oder Teilen der- selben eine Beschaffenheits- und/oder Haltbarkeitsgarantie (§ 443 BGB) abgegeben hat, not apply to defects that are due to inadequate installation on the part of Buyer or Buyer's representativehaftet LEONI im Rahmen der Garantie. Für Schäden, inadequate maintenancedie auf dem Fehlen der garantierten Beschaffenheit oder Haltbarkeit beruhen, inadequate repairs or modifications undertaken by other persons than Seller or Seller's representative without the written agreement of Selleraber nicht unmittelbar an der Lieferung eintreten, normal wearhaftet LEONI allerdings nur dann, wenn das Risiko eines solchen Schadens ersichtlich von der Garantie erfasst ist.
11.8 Seller shall be liable for those parts of the goods that Seller obtained from subcontractors prescribed by ▇▇▇▇▇ only to the extent of Seller's own warranty claims vis-à-vis the sub-contractor8.2.12 Abweichend von § 438 Abs. If Seller produces items on the basis of Buyer's design data1 Nr. 3 BGB beträgt die allgemeine Verjäh- rungsfrist für Ansprüche aus Sach- und Rechtsmängeln ein Jahr ab Ablie- ferung. Handelt es sich bei der Ware jedoch um ein Bauwerk oder eine Sache, draw- ings or modelsdie entsprechend ihrer üblichen Verwendungsweise für ein Bau- werk verwendet worden ist und dessen Mangelhaftigkeit verursacht hat (Baustoff), Seller's liability shall not extend to the accuracy of the design but as to whether the workmanship complies with ▇▇▇▇▇'▇ instructionsbeträgt die Verjährungsfrist gemäß der gesetzlichen Regelung fünf Jahre ab Ablieferung (§ 438 Abs. In such cases1 Nr. 2 BGB). Unberührt bleiben auch weitere zwingende gesetzliche Sonderregelungen zur Verjährung (insbesondere § 438 Abs. 1 Nr. 1, Buyer shall keep Seller harm- less and free from any court actionAbs. 3 BGB, §§ 444, 445b BGB). Die Ablaufhemmung gemäß § 445b Abs. 2 BGB endet jedoch spätestens fünf Jahre nach dem Zeitpunkt, in the event of an infringement of proprietary rights. When accepting repair jobs or reworking or modifying old as well as third-party goods, or when delivering second-hand goods, Seller shall not accept any warrantydem LEONI die Sache dem Besteller abge- liefert hat; dies gilt nicht soweit der letzte Vertrag in der Lieferkette ein Verbrauchsgüterkauf ist.
11.9 As of the beginning of the warranty period, Seller shall not accept any liability that extends beyond the scope defined in the present article.
Appears in 1 contract
Sources: Allgemeine Bedingungen Für Lieferungen Und Leistungen
Warranty. 11.1 Subject 8.2.1 These terms and conditions do not grant any guarantees. LEONI excludes any kind of updating obligations. Otherwise, the Customer shall be entitled to the below statutory warranty rights in accordance with the following provisions:
8.2.2 Immediately upon receipt of the goods, Seller the Customer shall undertake inspect the goods for compliance with the contract, in particular for completeness as well as condition and, if applicable, transport damage. Visible deviations, defects and damages are to remedy any defect affecting be notified to LEONI immediately, at the fitness for use which is due to a deficiency in designlatest within 5 working days of receipt, material hidden defects within the same period after discovery, by written or workmanship. Seller textual notification with detailed explanation, otherwise the warranty shall also be responsible for any defects concerning expressly requested proper- tieslapse.
11.2 The above obligation 8.2.3 All claims for defects shall only apply be subject to such defects the condition precedent that appear within the Customer has reported the defect to LEONI without delay in writing or elec- tronically after detection prior to any modification or processing and that a period of one year, when working a one-shift operation, as sample of the passage of riskgoods giving rise to the complaint has been provided. Trans- port damage must be noted on the consignment note and the delivery bill and confirmed by the driver with his signature.
8.2.4 Notwithstanding legal regulations, or as there is no warranty if damages result from improper handling of the completed assem- blygoods. Furthermore, in case of a delivery with assembly respectively.
11.3 Buyer may claim there is no warranty if the present article only if he informs Customer modifies the goods or has them modified by third parties wit- ▇▇▇▇ ▇▇▇▇▇▇ in writing ‘s consent and without delay of any defects that have appeared. The arrangements on presumption according to § 924 the elimination of the Austrian General Civil Law Code defect is thereby rendered impossible or unreasonably difficult. In any case, the Customer must bear the additional costs of remedying the defect arising from the modification.
8.2.5 The warranty only applies in case of substantial defects. Substantial defects are excludedthose which impair the suitability or value of the delivery in such a way that it cannot be used by the Customer in accordance with the quality/use specified in the contract. Once Seller has been informed In the case of insignificant defects, only a reduction of the purchase price shall be considered instead of further legal regulations applicable to defects in this waynot remedied by subsequent perfor- mance.
8.2.6 In the event of a material defect or defect of title within the period of limita- tion for defects pursuant to clause 8.12 below, Seller shall - if LEONI will, at its discretion, either restore the defects must be remedied according goods to their contractual condition or provide a replace- ment free of charge and freight to the provisions contractual place 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 delivery against return of the defective goods.
11.4 If Seller arranges for 8.2.7 LEONI shall bear the defective goods or parts to be re- turned to Seller expenses necessary for the purpose of reworking or replacementsubsequent performance, Buyer shall bear the costs and the risk of the in particular transport, unless otherwise agreedtravel, labour and material costs (with the exception of costs incurred because the goods were subsequently taken to a place other than the contractually agreed place of delivery) if a defect actually exists. The re-shipment of the reworked or replaced goods or parts to Buyer shall be at Seller's costs and riskOtherwise LEONI may claim reimbursement from als den vertraglich vereinbarten Lieferort verbracht wurde) trägt LEONI, unless otherwise agreedwenn tatsächlich ein Mangel vorliegt. Andernfalls kann LEONI vom Bestel- ler die aus dem unberechtigten Mangelbeseitigungsverlangen entstande- nen Kosten ersetzt verlangen, es sei denn, die fehlende Mangelhaftigkeit war für den Besteller nicht erkennbar. Die Nacherfüllung beinhaltet weder den Ausbau der mangelhaften Sache noch den erneuten Einbau, wenn LEONI ursprünglich nicht zum Einbau verpflichtet war. Unabhängig davon liegt Unverhältnismäßigkeit gemäß § 439 Abs. 4 BGB vor, wenn Ein- und/ oder Ausbaukosten einzeln oder gemeinsam 50% des ursprünglichen Lie- ferwertes übersteigen; LEONI kann dann die ganze Nacherfüllung (ein- schließlich einer etwaigen Kostenerstattung) verweigern.
11.5 The defective goods or parts8.2.8 Ersetzte Ware wird Eigentum von LEONI. Für ersetzte Teile gelten wieder die Gewährleistungsregelungen dieser Bedingungen, which are replaced according to the present article, shall be at Seller's disposalsofern der Ersatz nicht nur aus Kulanz von LEONI erfolgt.
11.6 Seller shall only refund any costs for remedying a defect8.2.9 Sollte die Nachbesserung bzw. Ersatzlieferung fehlschlagen, undertaken by ▇▇▇▇▇ himselfkann der Besteller vom jeweiligen Einzelbestellvertrag zurücktreten oder Minderung geltend machen. Die Nacherfüllung gilt erst nach zwei erfolglosen Versu- chen als fehlgeschlagen. Hat der Besteller im Rahmen der gesetzlichen Vorschriften nach Maßgabe dieser Bedingungen ein Recht zum Rücktritt vom Vertrag, if ▇▇▇▇▇▇ has agreed to this procedure in writingdann muss sich der Besteller innerhalb von zehn Arbeits- tagen nach Eintritt der Voraussetzungen erklären, falls er vom Vertrag zurücktreten kann und will, ansonsten steht ihm neben dem Schadens- ersatz, soweit die Haftung von LEONI nicht nach Maßgabe von Ziffer 12 ausgeschlossen oder beschränkt ist, nur die Minderung zu.
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 shall8.2.10 LEONI schuldet keine Rückgriffsleistungen gemäß § 445a BGB, voraus- gesetzt der letzte Vertrag in der Lieferkette ist kein Verbrauchsgüterkauf; Rückgriffsleistungen von LEONI nach § 445a BGB sind in diesem Fall ins- besondere dann ausgeschlossen, wenn LEONI nur Teile geliefert hat oder wenn LEONI Teile für Lieferungen nur zusammengebaut hat.
8.2.11 In dem Umfang, in particulardem LEONI bezüglich der Lieferung oder Teilen der- selben eine Beschaffenheits- und/oder Haltbarkeitsgarantie (§ 443 BGB) abgegeben hat, not apply to defects that are due to inadequate installation on the part of Buyer or Buyer's representativehaftet LEONI im Rahmen der Garantie. Für Schäden, inadequate maintenancedie auf dem Fehlen der garantierten Beschaffenheit oder Haltbarkeit beruhen, inadequate repairs or modifications undertaken by other persons than Seller or Seller's representative without the written agreement of Selleraber nicht unmittelbar an der Lieferung eintreten, normal wearhaftet LEONI allerdings nur dann, wenn das Risiko eines solchen Schadens ersichtlich von der Garantie erfasst ist.
11.8 Seller shall be liable for those parts of the goods that Seller obtained from subcontractors prescribed by ▇▇▇▇▇ only to the extent of Seller's own warranty claims vis-à-vis the sub-contractor8.2.12 Abweichend von § 438 Abs. If Seller produces items on the basis of Buyer's design data1 Nr. 3 BGB beträgt die allgemeine Verjäh- rungsfrist für Ansprüche aus Sach- und Rechtsmängeln ein Jahr ab Ablie- ferung. Handelt es sich bei der Ware jedoch um ein Bauwerk oder eine Sache, draw- ings or modelsdie entsprechend ihrer üblichen Verwendungsweise für ein Bau- werk verwendet worden ist und dessen Mangelhaftigkeit verursacht hat (Baustoff), Seller's liability shall not extend to the accuracy of the design but as to whether the workmanship complies with ▇▇▇▇▇'▇ instructionsbeträgt die Verjährungsfrist gemäß der gesetzlichen Regelung fünf Jahre ab Ablieferung (§ 438 Abs. In such cases1 Nr. 2 BGB). Unberührt bleiben auch weitere zwingende gesetzliche Sonderregelungen zur Verjährung (insbesondere § 438 Abs. 1 Nr. 1, Buyer shall keep Seller harm- less and free from any court actionAbs. 3 BGB, §§ 444, 445b BGB). Die Ablaufhemmung gemäß § 445b Abs. 2 BGB endet jedoch spätestens fünf Jahre nach dem Zeitpunkt, in the event of an infringement of proprietary rights. When accepting repair jobs or reworking or modifying old as well as third-party goods, or when delivering second-hand goods, Seller shall not accept any warrantydem LEONI die Sache dem Besteller abge- liefert hat; dies gilt nicht soweit der letzte Vertrag in der Lieferkette ein Verbrauchsgüterkauf ist.
11.9 As of the beginning of the warranty period, Seller shall not accept any liability that extends beyond the scope defined in the present article.
Appears in 1 contract
Sources: General Terms and Conditions for Deliveries and Services
Warranty. 11.1 Subject to a) To the below provisionsextent permitted by law Novar shall only be liable in accordance with the following warranty conditions, Seller which replace any other warranties or guarantees. Any other claim shall undertake to remedy any defect affecting be excluded. In particular (unless otherwise agreed in writing) Novar does not warrant the fitness of the product for any specific use which is due would not be the use for which the product was designed by its manufacturer. b) Except as otherwise expressly provided herein, Novar warrants goods in all material respects to a deficiency be free of defective materials and faulty workmanship and as conforming to applicable specifications and/or drawings. c) Unless otherwise agreed in design, material or workmanship. Seller shall also be responsible for any defects concerning expressly requested proper- ties.
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 assem- bly, in case of a delivery writing commencing with assembly respectively.
11.3 Buyer may claim the present article only if he informs ▇▇▇▇▇’▇ date of shipment, the warranty period shall run for 12 months. This does not apply to damage claims according to Section 10. These claims are subject to the statutory limitation periods. Also excluded from this limitation are recourse claims in writing and without delay case of any defects that have appearedconsumer products. d) Goods can only be returned with an authorization number (RMA) obtained from Novar in advance of shipment to Novar. 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 RMA is specific to the provisions relevant goods and quantity. Non-complying goods returned to Novar in accordance with Section 4 f) will be repaired or replaced (subsequent performance), at Novar’s option, and return-shipped at the lowest cost, transportation prepaid. The costs of the present article -at Seller's choice:
a) rework the defective goods on site;
b) transportation to Novar 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 re- turned 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 borne by ▇▇▇▇▇. Subsequent performance shall not include removing/de-installing the defective good or re-installing the repaired good or replacement good, unless Novar in the first place undertook to install the good. e) In the event Novar fails to repair or replace the non-complying good within a reasonable time limit set by Buyer, Novar shall accept the return of such goods and refund the purchase price less 20% annual depreciation from shipment date. f) The foregoing states ▇▇▇▇▇’▇ himselfexclusive remedy in case of defects. ▇▇▇▇▇ is only entitled to claim damages subject to section 10 (limitation of liability). g) If so requested by ▇▇▇▇▇, the Buyer shall give Novar sufficient opportunity to verify any fault, in particular to provide faulty goods and their packaging to Novar for inspection. If the Buyer refuses, ▇▇▇▇▇ shall not be liable for such defects. h) Goods subject to wear and tear or burnout through usage shall not be deemed defective because of such wear and tear or burnout. No warranty shall apply if the defect or damage was caused by or related to installation, combination with other parts and/or products, modification to or repair of any goods other than by Novar, the Buyer’s failure to apply required or recommended updates or patches to any software or device in the goods network environment, or resulted from Buyer’s acts, omissions, misuse, or negligence. i) Repaired or replaced goods shall be warranted for the remainder of the unused warranty term or for 90 days from shipment, whichever is longer. j) It is Buyer’s responsibility to ensure that the Goods are fit for the application in which they are used. k) Software, if ▇supplied separately or installed on goods supplied, and warranted by Novar, will be furnished on a medium that is free of defect in materials or workmanship under normal use for so long as the hardware and/or system is under warranty. During this period, ▇▇▇▇▇ has agreed the rights listed in section 9 d) with regard to this procedure in writing.
11.7 Seller's warranty obligation shall only apply to any 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 software. Unless stipulated otherwise in a separate software license agreement no further warranty is given in respect of software. l) If Novar provides any services to the Buyer, including but not limited to training or assistance with configuration and installation of the goods, Novar shall provide such services in accordance with normal industry practice at such rates as may be specified by Novar in its price list from subcontractors prescribed time to time. In case of non-conformance which Novar has been notified of correctly and promptly, Novar will repeat services and/or correct accordingly. To the extent permitted by law ▇▇▇▇▇ only accepts no liability to the extent Buyer arising out of Seller's own warranty claims vis-à-vis the sub-contractorprovision of such services. If Seller produces items on m) Novar does not represent or warrant that the basis goods may not be compromised or circumvented or that the goods will prevent any personal injury or property loss, burglary, robbery, fire or otherwise, or that the goods will in all cases provide adequate warning or protection. Buyer understands that a properly installed and maintained alarm may only reduce the risk of Buyer's design databurglary, draw- ings robbery, fire or modelsother events occurring without providing an alarm, Seller's liability shall but it is not extend an insurance or guarantee that such will not occur or that there will be no personal injury or property loss as a result. n) These warranties are for the benefit of the Buyer only and are not assignable or transferable. o) Subject to appropriate storage and handling according to the accuracy manual Novar grants a guarantee of durability (in the design but as meaning of §443 II German Civil Code) for 24 months from delivery date to whether the workmanship complies with ▇▇▇▇▇'▇ instructionscustomer. Excluded are device software, consumables and spare parts. At Novar`s discretion the product will either be replaced or repaired. Defects which occur within the guarantee period must be reported in writing immediately on detection or if earlier when it should have been recognized. p) In such cases, Buyer shall keep Seller harm- less and free from any court action, in the event of an infringement the supply of proprietary rightsa consumer product any recourse claims remain unaffected. When accepting repair jobs or reworking or modifying old as well as third-party goods, or when delivering second-hand goods, Seller shall not accept any warrantyAny other recourse claims are excluded.
11.9 As of the beginning of the warranty period, Seller shall not accept any liability that extends beyond the scope defined in the present article.
Appears in 1 contract
Sources: General Terms and Conditions
Warranty. 11.1 Subject 8.1 Within the scope of the following provisions we guarantee that, at the time of passing of risk of the delivery or service, the products delivered and services rendered are free of defects that would reduce the value or restrict the suitability in normal use of the goods or services or in their use agreed according to contract.
8.2 All products and services having a defect during the warranty period, shall - at the discretion of the Supplier - be subsequently improved free of charge, re-supplied or performed afresh, provided that the cause of such defect is based on a material or legal defect which existed already at the time of passing of risk. Wear and tear by normal use and defects caused by improper use, improper handling, transport and storage, respectively, as well as by non-observance of manufacturer's, mounting or operating instructions, are not warranted.
8.3 Unless otherwise agreed in writing, the details about our products, in particular illustrations, drawings, technical data and references to standards and specifications contained in our offers and catalogues, do not represent any guarantee regarding quality and durability, but are only descriptions or markings. This applies mutatis mutandis 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 proper- tiesdelivery of samples and specimens.
11.2 8.4 The above obligation Customer shall only apply to such defects that appear within a period of one yearinspect the goods immediately after delivery, when working a one-shift operationeven if samples and specimens had been provided beforehand, as of the passage of risk, or as of the completed assem- bly, in case of a delivery with assembly respectively.
11.3 Buyer may claim the present article only if he informs ▇▇▇▇▇▇ and notify us in writing and without delay of any defects, including hidden defects, or differences in quantity. Otherwise, the goods shall be deemed as accepted, unless defects are concerned that have appearedcould not be detected during the inspection.
8.5 The warranty period shall be 24 months from the date of handing over of the products to the Customer at the place of performance; at the latest, however, from the date of delivery on its premises. The arrangements on presumption Insofar as work performances are subject of the contract, the warranty period shall begin upon acceptance.
8.6 We shall take over the costs that may accrue according to § 924 item 8.2 for subsequent performance. Excluded are follow-up costs for loss of production, loss of profit and the Austrian General Civil Law Code are excluded. Once Seller has been informed like, as well as extra costs incurred by dispatching the deliverables to a place other than the place of performance.
8.7 The costs accruing by any unjustified notices of defects in this way, Seller shall - if be borne by the Customer. Lump-sum cost burdens for notices of defects must given by Customers shall not 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 goodsaccepted.
11.4 If Seller arranges for the defective goods 8.8 Insofar as we act as a Supplier of materials or parts to be re- turned our Customers, we are not subject to Seller for the purpose of reworking or replacement, Buyer shall bear the costs and the risk any liability according 478 of the transportGerman Civil Code [BGB].
8.9 Further claims are excluded, unless otherwise agreed. The re-shipment stipulated in these Terms and Conditions of the reworked or replaced goods or parts to Buyer shall be at Seller's costs and risk, unless otherwise agreedSale.
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 ▇▇▇▇▇ himself, if ▇▇▇▇▇▇ 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 ▇▇▇▇▇ only to the extent of Seller's own warranty claims vis-à-vis the sub-contractor. If Seller produces items on the basis of Buyer's design data, draw- ings or models, Seller's liability shall not extend to the accuracy of the design but as to whether the workmanship complies with ▇▇▇▇▇'▇ instructions. In such cases, Buyer shall keep Seller harm- less and free from any court action, in the event of an infringement of proprietary rights. When accepting repair jobs or reworking or modifying old as well as third-party goods, or when delivering second-hand goods, Seller shall not accept any warranty.
11.9 As of the beginning of the warranty period, Seller shall not accept any liability that extends beyond the scope defined in the present article.
Appears in 1 contract
Sources: General Terms and Conditions
Warranty. 11.1 Subject The contractual object comprises goods that are usable as stated in our prospectuses and in accordance with the descriptions contained in other business documentation. The customer is obliged to inspect the goods immediately after delivery and to notify us immediately in writing of any visible defects. We shall only be liable for defects of which we have been notified in due time and form. * Unless expressly agreed otherwise, we shall not have the status of general contractor for an overall project and shall thus not bear any liability for the proper operation of the overall project (works) or for overall coordination, but shall rather only incur liability for ensuring that the part of the works supplied by us is consistent with the state of the art and properly functions in accordance with paragraph 1 of this clause. In signing a diagram, sketch, etc. relating to goods that are to be supplied by us, the Customer shall be deemed to have approved both the type and quantity of the goods. The Customer shall bear exclusive responsibility for ensuring that chimneys, clay pipes or smoke extraction flues etc. work properly and comply with fire regulations. The place of performance for the purposes of the warranty shall be our registered office or operating site. Any expenses and travel costs relating to the below provisionsfulfilment of warranty obligations shall therefore be borne by the Customer. * We provide a warranty against evident and latent defects or the absence of warranted characteristics. We shall be entitled to choose pursuant to Section 932(1) of the Austrian Civil Code [ABGB] whether to address a defect by rectifying or exchanging the defective item. No further claims with any basis in law whatsoever shall be available, Seller including in particular to the rescission of the contract or a reduction of the price. * The statutory warranty period for movable items is limited to 6 months. It starts to run in respect of quality defects from the day of delivery or partial delivery. * If any production parts or materials not produced by us feature defects, our warranty obligation shall undertake be limited to remedy the rights available to us against the manufacturer or supplier on the basis of the respective agreements concluded with it. The Customer shall not have any defect affecting other claims in such an eventuality. * We shall only be obliged to rectify or replace any items falling under the fitness for use which is due to a deficiency warranty provided if the Customer has complied with its own contractual obligations. * The warranty claims of the Customer shall lapse under all circumstances in design, material or workmanshipthe event that the Customer has interfered with the goods without having previously discussed the matter with us and without having obtained our written approval. Seller This shall also be responsible apply in the event that the Customer has altered, mishandled or processed the goods. No warranty is provided for any defects concerning expressly requested proper- ties.
11.2 used items. * The above obligation shall only apply presumption of defectiveness pursuant 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 assem- bly, in case of a delivery with assembly respectively.
11.3 Buyer may claim the present article only if he informs ▇▇▇▇▇▇ in writing and without delay of any defects that have appeared. The arrangements on presumption according to § Section 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[ABGB] is waived.
11.4 If Seller arranges for the defective goods or parts to be re- turned 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 ▇▇▇▇▇ himself, if ▇▇▇▇▇▇ 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 ▇▇▇▇▇ only to the extent of Seller's own warranty claims vis-à-vis the sub-contractor. If Seller produces items on the basis of Buyer's design data, draw- ings or models, Seller's liability shall not extend to the accuracy of the design but as to whether the workmanship complies with ▇▇▇▇▇'▇ instructions. In such cases, Buyer shall keep Seller harm- less and free from any court action, in the event of an infringement of proprietary rights. When accepting repair jobs or reworking or modifying old as well as third-party goods, or when delivering second-hand goods, Seller shall not accept any warranty.
11.9 As of the beginning of the warranty period, Seller shall not accept any liability that extends beyond the scope defined in the present article.
Appears in 1 contract
Sources: Allgemeine Geschäftsbedingungen
Warranty. 11.1 Subject to 1. If defective goods are delivered the below provisionspurchaser is entitled, 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 proper- ties.
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 assem- bly, in case of a delivery with assembly respectively.
11.3 Buyer may claim the present article only if he informs ▇▇▇▇▇▇ 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 relevant legal requirements and the present article -at Seller's choicefollowing clauses unless otherwise agreed upon, to claim the following:
a) Before start of production (processing or fitting) the supplier shall first be given the opportunity by the purchaser to sort out as well as rework or replace them unless this cannot reasonably be expected from the purchaser. In case the supplier is unable to accomplish the afore-stated or in case he does not conform with it without undue delay, the purchaser is entitled to rescind the contract to this extent and return the goods at the supplier's risk. In urgent cases he may, after consultation with the supplier, accomplish the rework himself or have it done by a third party. Any costs resulting therefrom shall be borne by the supplier. In the case the same goods are repeatedly supplied in a defective condition, the purchaser shall be entitled to rescind the contract also with respect to the goods on site;
b) have not yet supplied if, upon written notification, the defective goods or the defective parts shipped back for reworking;
c) replace the defective parts;
d) replace the supplier has again delivered defective goods.
11.4 If Seller arranges for b) In the defective goods or parts to be re- turned to Seller for event the purpose defect is discovered only after start of reworking or replacement, Buyer shall bear the costs production and the risk purchaser has observed article IV (notification of the transportdeficiencies), unless otherwise agreed. The re-shipment then he is entitled - according to existing Chinese laws to claim after- fulfillment and indemnification for cost of the reworked or replaced goods or parts to Buyer shall be at Seller's costs transport (without towing cost) as well as cost of dismantling and risk, unless otherwise agreed.
11.5 The defective goods or partsinstallation (cost of labour; cost of material only if agreed upon), which are replaced required for the after-fulfillment, or - to reduce the sales price.
c) If in addition to the delivery of defective parts the supplier has violated culpably further contractual obligations (e.g. obligations of information, consultation, or examination), the purchaser can claim indemnification according to article XI for the present article, shall be consequential harm caused by the defect. This consequential harm caused by a defect is determined by the damages which the purchaser suffered from the delivery of defective goods at Seller's disposal.
11.6 Seller shall only refund any costs for remedying a defect, undertaken by ▇▇▇▇▇ himself, if ▇▇▇▇▇▇ 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 other objects of legal protection. Further claims regarding expenses 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 damages because 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 delivery of Seller, normal wear.
11.8 Seller shall be liable for those parts of the defective goods that Seller obtained from subcontractors prescribed by ▇▇▇▇▇ only to the extent of Seller's own warranty claims vis-à-vis the sub-contractor. If Seller produces items on the basis of Buyer's design dataChinese laws named therein may only be claimed by the purchaser, draw- ings or models, Seller's liability if this has been agreed by contract. Regarding new agreements article XV para.1 is to be observed.
2. At his request the parts to be replaced shall not extend be made available immediately to the accuracy supplier at his cost.
3. The warranty expires at the end of 24 months after the first vehicle registration or the installation of the design but as replacement part, at the latest, however, 30 months after delivery to whether the workmanship complies with ▇▇▇▇▇'▇ purchaser. The legal rules of expiry of warranty apply to parts for commercial vehicles unless the parties have agreed otherwise.
4. A warranty claim does not arise if the defect is attributable to the non-observance of operation, service or installation instructions. In such cases, Buyer shall keep Seller harm- less inappropriate or unsuitable use, incorrect or careless treatment, normal wear and free from any court action, in the event of an infringement of proprietary rights. When accepting repair jobs or reworking or modifying old tear as well as third-party goods, to engagements to the good supplied made by purchaser or when delivering second-hand goods, Seller shall not accept any warrantya third party.
11.9 As 5. If defective goods are delivered claims of the beginning purchaser on the basis of the warranty period, Seller shall not accept any liability that extends beyond the scope defined Chinese laws,. Guarantees regarding quality and durability have to be designated expressly and individually in the present articlewriting.
Appears in 1 contract
Sources: Allgemeine Einkaufsbedingungen
Warranty. 11.1 Subject 5.1. Any warranty claims of Purchaser shall be subject to proper performance of all Purchaser obligations under §§ 377, 381 HGB (Handelsgesetzbuch – Commercial Code, “HGB”) in relation to the below provisionsinspection of the goods and the notification of complaints. Any complaints for deviations in the quantity delivered or for visible defects in the goods are to be notified in writing no later than 5 business days after delivery. If such a defect becomes evident after that period, Seller Purchaser shall undertake notify the defect in writing within 5 business days of the time the defect becomes evident. Failure to complain in good time shall be deemed to be Purchaser's acceptance of the consignment.
5.2. Bühler is to be given an opportunity to inspect the subject goods within a reasonable time period and, if Purchaser's complaint has been made in time and is justified, to remedy any the defect affecting or to provide subsequent delivery within a reasonable and additional time period. A time period is reasonable if remediation of the fitness for use which defect or subsequent delivery is due to a deficiency possible in design, material or workmanship. Seller shall also be responsible for any defects concerning expressly requested proper- tiesthe ordinary course of business.
11.2 The above obligation shall only apply 5.3. Purchaser's rights in relation to such defects that appear within a period of one year, when working a one-shift operation, as justified complaints are initially limited to the right to claim subsequent performance. Subsequent performance includes neither the deinstallation of the passage of riskdefective item nor the renewed installation if Bühler was not originally obliged to install it. If subsequent performance fails, or as of the completed assem- bly, in case of a delivery with assembly respectively.
11.3 Buyer may claim the present article only if he informs ▇▇▇▇▇▇▇▇▇ remains entitled to reduce the purchase price or to withdraw from the contract in writing accordance with statutory regulations. No claims for damages or compensation for lost expenditure may arise to Purchaser except under clause 6 of these Standard Terms of Sales and without delay such claims shall be excluded in all other respects.
5.4. No warranty claim arises in particular in the cases of
(i) failure to comply with directions for application or use that come with the delivery unless a key aspect of any defects that have appeared. The arrangements on presumption according to § 924 such directions is incorrect or inaccurate, (ii) improper sizing, load exposure or handling by Purchaser or others, (iii) faulty repair by Purchaser or others or (iv) delivery 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 used goods.
11.4 If Seller arranges 5.5. In derogation from § 438 (1) point 3 BGB, the general period of limitation for the defective goods claims based on defects in quality or parts to be re- turned 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 title shall be at Seller's costs and riskone year from delivery. If the parties have agreed that delivery shall be subject to acceptance, unless otherwise agreedthe period of limitation begins to run on acceptance.
11.5 The defective goods 5.6. No warranty applies if Purchaser modifies or parts, which are replaced according to has a third party modify the present article, shall be at Seller's disposal.
11.6 Seller shall only refund any costs for remedying a defect, undertaken by delivered item without ▇▇▇▇▇ himself, if ▇▇▇▇▇▇ 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 ▇▇▇▇▇ only to the extent of Seller's own warranty claims vis-à-vis the sub-contractor. If Seller produces items on the basis of Buyer's design data, draw- ings or models, Seller's liability shall not extend to the accuracy of the design but as to whether the workmanship complies with ▇▇▇▇▇'▇ instructionswritten consent and if rectifying the defect is rendered impossible or unreasonably impeded as a result. Purchaser shall bear the extra cost of rectifying the defect that result from the modification.
5.7. If Purchaser makes a complaint about a partial delivery, this does not entitle Purchaser to reject the remaining delivery. In such casesaddition, Buyer shall keep Seller harm- less and free from any court action, in the event of an infringement of proprietary rights. When accepting repair jobs or reworking or modifying old as well as third-party goods, or when delivering second-hand goods, Seller shall complaint does not accept any warranty.
11.9 As entitle Purchaser to withhold its payment for those parts of the beginning delivery and performance that have not been complained about or for other indisputable claims of the warranty period, Seller shall not accept any liability that extends beyond the scope defined in the present articleBühler.
Appears in 1 contract
Sources: Allgemeine Verkaufsbedingungen
Warranty. 11.1 Subject 15.1. The warranty period for our services is one year from handover.
15.2. In the absence of any agreement to the below provisionscontrary (e.g. formal acceptance), Seller shall undertake the time of handover is the time of completion, at the latest when the customer has taken over the work into his control or has refused to remedy take it over without giving reasons. With the date on which the customer is notified of completion, in the absence of justified refusal of acceptance the work is deemed to be taken into his control.
15.3. If a joint handover is envisaged, and if the customer does not attend the handover appointment that has been notified to him, the handover is deemed to have taken place on that day.
15.4. The remedying of a defect that has been claimed by the customer does not represent acknowledgement of a defect.
15.5. The customer must always prove that the defect existed at the time of handover.
15.6. For the remedying of defects, the customer must make the plant or equipment available to us without culpable delay, and must grant us the opportunity for assessment by us or by an expert appointed by us.
15.7. Notices of defects and complaints of all kinds must be notified immediately (at the latest after two working days) to the domicile of our company, in writing, with as accurate a description of the defect as possible and stating the possible causes, otherwise the warranty claims are forfeited. The goods or work that are the subject of complaint must be handed over by the customer, insofar as this is feasible.
15.8. If the defects alleged by the customer are unjustified, he is obliged to compensate us for expenses incurred for establishing freedom from defects or remedying defects.
15.9. Any utilisation or processing of the defective deliverable that carries the risk of further damage, or makes elimination of the cause more difficult or prevents it, must be stopped by the customer without delay, unless this is unreasonable.
15.10. We are entitled to carry out or have carried out any defect affecting examination that we regard as necessary, even if this renders the fitness for use which is due to a deficiency in design, material goods or workmanshipwork pieces unusable. Seller shall also be If this examination shows that we are not responsible for any defects concerning expressly requested proper- ties.
11.2 The above obligation shall only apply to such defects that appear within a period of one yeardefect, when working a one-shift operation, as of the passage of risk, or as of the completed assem- bly, in case of a delivery with assembly respectively.
11.3 Buyer may claim the present article only if he informs ▇▇▇▇▇▇ 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 customer 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 re- turned to Seller for the purpose of reworking or replacement, Buyer shall bear the costs for this examination against appropriate remuneration.
15.11. Transportation and travel costs arising in connection with the risk rectification of defects are to be borne by the transportcustomer. On request by us, unless otherwise agreedthe customer must provide, free of charge, the necessary workers, energy and premises, and must cooperate in accordance with point 7.
15.12. The re-shipment of customer must grant us at least two attempts to rectify the reworked or replaced goods or parts to Buyer shall be at Seller's costs and risk, unless otherwise agreeddefect.
11.5 The defective goods 15.13. We can avert a request for rescission through improvement or partsan appropriate price reduction, which are replaced according insofar as this does not relate to the present article, shall be at Seller's disposala significant and unrectifiable defect.
11.6 Seller shall only refund any costs for remedying a defect, undertaken by ▇▇▇▇▇ himself, if ▇▇▇▇▇▇ 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 ▇▇▇▇▇ only to the extent of Seller's own warranty claims vis-à-vis the sub-contractor15.14. If Seller produces items the deliverables are produced on the basis of Buyer's design datadetails, draw- ings drawings, plans, models or models, Seller's liability shall not extend to the accuracy other specifications of the design but customer, we provide warranty only for the execution according to specifications.
15.15. The fact that the work is not fully suitable for the agreed use does not constitute a defect if this is based exclusively on actual circumstances that differ from the information that was available at the time of performance because the customer does not fulfil his obligations to cooperate in accordance with point 7.
15.16. Likewise it is not a defect if the customer’s technical installations, such as to whether the workmanship complies with ▇▇▇▇▇'▇ instructionssupply lines, cabling, networks etc. In such cases, Buyer shall keep Seller harm- less are not in a technically perfect and free from any court action, in the event of an infringement of proprietary rights. When accepting repair jobs or reworking or modifying old as well as third-party goodsoperational condition, or when delivering second-hand goods, Seller shall are not accept any warrantycompatible with the items supplied.
11.9 As 15.17. For the costs of a correction of defects made by the beginning of the warranty periodcustomer himself, Seller shall not accept any liability that extends beyond the scope defined in the present articlewe have to pay only if we have given our written approval.
Appears in 1 contract
Warranty. 11.1 Subject (1) The warranty period shall be one year from delivery or, if an acceptance is required, from such acceptance. This provision shall not apply to the below provisionsextent that longer periods of limitation are mandatory by law pursuant to § 438 (1) No. 2 (buildings and things used for buildings) of the German Civil Code.
(2) The delivered items shall be examined carefully immediately upon delivery to the customer or to third parties designated by the customer. The delivered items shall be deemed to be approved unless we receive a written notification with respect to apparent defects or other defects identifiable by an immediate, Seller careful examination, within seven business days after delivery of the item or otherwise within seven business days after detection of the defect or at any earlier point in time where the defect was identifiable to the customer during normal use of the delivered item without a detailed examination.
(3) At our request, the rejected delivered item shall undertake be returned to remedy any us freight prepaid. If the notice of defect affecting is justified, we shall reimburse the fitness for use which is least expensive shipping method; this shall not apply if the costs increase due to the fact that the delivered item is located at a deficiency in design, material or workmanship. Seller shall also be responsible for any defects concerning expressly requested proper- tiesdifferent place than the place of its intended use.
11.2 The above obligation (4) In the event of material defects of the delivered items, we shall only apply be obliged and entitled, at our option to such defects that appear be made within a reasonable period of one yeartime, when working a one-shift operationfirst to correction or substitute delivery. Should this fail, as of i.e. correction or substitute delivery be impossible, unreasonable, refused or unreasonably delayed, the passage of risk, customer shall be entitled to rescind the contract or as of reduce the completed assem- bly, in case of a delivery with assembly respectivelyprice reasonably.
11.3 Buyer may claim (5) If a defect is based on our fault, the present article only if he informs ▇▇▇▇▇▇ customer shall be entitled to demand compensation of damages in writing and without delay of any defects that have appeared. The arrangements on presumption according to § 924 of accordance with the Austrian General Civil Law Code are excluded. Once Seller has been informed provisions set forth under VII.
(6) In the event of defects in this waythe components of other manufacturers, Seller shall - if which we are unable to remedy for license-related or factual reasons, we shall, at our option, assert warranty claims against the defects must be remedied according manufacturers and suppliers for the customer's account or assign warranty 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 re- turned to Seller for the purpose of reworking or replacement, Buyer shall bear the costs and the risk of the transport, unless otherwise agreedcustomer. 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 ▇▇▇▇▇ himself, if ▇▇▇▇▇▇ 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 ▇▇▇▇▇ only to the extent of Seller's own warranty Warranty claims vis-à-vis the sub-contractor. If Seller produces items on the basis of Buyer's design data, draw- ings or models, Seller's liability shall not extend to the accuracy of the design but as to whether the workmanship complies with ▇▇▇▇▇'▇ instructions. In such cases, Buyer shall keep Seller harm- less and free from any court action, against us in the event of an infringement such defects under any other conditions and under these General Terms of proprietary rightsBusiness shall only exist if the legal enforcement of the above mentioned claims against the manufacturer and supplier was unsuccessful or futile, for instance due to insolvency. When accepting repair jobs or reworking or modifying old as well as third-party goodsDuring the period of litigation, or when delivering second-hand goods, Seller the limitation of the relevant warranty claims of the customer against us shall be suspended.
(7) Warranty shall not accept apply if the customer changes the delivered item or has the delivered item changed by third parties and elimination of defects is made impossible or unreasonably difficult as a result. The customer shall in any warrantycase bear any additional costs for elimination of defects caused by the changes.
11.9 As (8) A delivery of used objects agreed with the customer in individual cases shall be effected to the exclusion of any warranty for material defects with the exception of liability for damages, which shall be governed by Section VII of the beginning General Terms of the warranty period, Seller shall not accept any liability that extends beyond the scope defined in the present articleBusiness.
Appears in 1 contract
Sources: Allgemeine Geschäftsbedingungen