Common use of Warranty Clause in Contracts

Warranty. HFS Aichach warrants that the products have the agreed characteris- tics at the time of the passage of the risk and that they are free from defects. The characteristics of the object of delivery shall exclusively be determined by the specific agreements made by the parties in writ- ing with regard to the characteristics and features of the products. Customer’s warranty rights require that the Customer inspects the ob- ject of delivery 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 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 notification of a defect, 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 Customer or should the removal of a defect by remedy or the delivery of a replacement fail, should such remedy be unreasonable for Customer or has HFS Aichach refused such remedy according to 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 para. 8 or the reimbursement of its futile expenses. Items that have been replaced by HFS Aichach shall, upon HFS Aichach’s demand, be returned to HFS Aichach. HFS Aichach shall not assume any warranty for defects for which Customer bears responsibility such as inappropriate or improper use, faulty treatment or incorrect installation of the 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 limitations for claims for defects shall be twenty-four months from the hand-over of the object of delivery to Customer.

Warranty. HFS AFSR Aichach warrants that the products have the agreed characteris- tics character- istics at the time of the passage of the risk and that they are free from defects. The characteristics of the object of delivery shall exclusively be determined by the specific agreements made by the parties in writ- ing with regard to the characteristics and features of the products. Customer’s warranty rights require that the Customer inspects the ob- ject of delivery upon receipt without undue delay and notifies HFS AFSR Aichach about any defects without undue delay in writing; hidden de- fects must be notified in writing without undue delay upon their dis- covery. If the products are defective, HFS AFSR Aichach shall be entitled to remove re- move the defect at its option by remedying the defects or delivery of replace- ment replacement products, both free of charge to Customer. In the event of any notification of a defect, HFS AFSR Aichach shall have the right to inspect in- spect and test the products to which objection was made. Upon request of HFS AFSR Aichach, Customer shall return the defective products to HFS AFSR Aichach at the cost of HFS AFSR Aichach. Customer shall grant HFS AFSR 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 Customer or should the removal of a defect by remedy or the delivery of a replacement fail, should such remedy be unreasonable for Customer or has HFS AFSR Aichach refused such remedy according to 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 para. 8 or the reimbursement of its futile expenses. Items that have been replaced by HFS Aichach XXXX Xxxxxxx shall, upon HFS AFSR Aichach’s demand, be returned to HFS AFSR Aichach. HFS Die Verjährungsfrist für die Rechte des Kunden wegen Mängeln beträgt vierundzwanzig Monate seit der Ablieferung der Produkte beim Kunden. AFSR Aichach shall not assume any warranty for defects for which Customer bears responsibility such as inappropriate or improper use, faulty treatment or incorrect installation of the 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 limitations for claims for defects shall be twenty-four months from the hand-over of the object of delivery to Customer.

Warranty. HFS Aichach warrants 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 products have the agreed characteris- tics at the time part of the passage works supplied by us is consistent with the state of the risk art and properly functions in accordance with paragraph 1 of this clause. In signing a diagram, sketch, etc. relating to goods that they are free from defectsto be supplied by us, the Customer shall be deemed to have approved both the type and quantity of the goods. The characteristics 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 object warranty shall be our registered office or operating site. Any expenses and travel costs relating to the fulfilment of delivery warranty obligations shall exclusively therefore be determined borne by the specific agreements made by Customer. * We provide a warranty against evident and latent defects or the parties in writ- ing with regard to the characteristics and features absence of the productswarranted characteristics. Customer’s warranty rights require that the Customer inspects the ob- ject of delivery 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 without undue delay upon their dis- covery. If the products are defective, HFS Aichach We shall be entitled to remove choose pursuant to Section 932(1) of the defect at its option by remedying the defects or delivery of replace- ment products, both free of charge Austrian Civil Code [ABGB] whether to Customer. In the event of any notification of a defect, 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 Customer or should the removal of address a defect by remedy rectifying or exchanging the delivery of a replacement faildefective item. No further claims with any basis in law whatsoever shall be available, should such remedy be unreasonable for Customer or has HFS Aichach refused such remedy according including in particular to 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 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 be limited to 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 other claims in such an eventuality. * We shall only be obliged to rectify or replace any items falling under the warranty provided if the Customer has complied with its own contractual obligations. * The warranty claims of the Customer shall lapse under all circumstances in the event that the Customer has interfered with the goods without having previously discussed the matter with us and without having obtained our written approval. This shall also apply in the event that the Customer has altered, mishandled or processed the goods. No warranty is provided for used items. * The presumption of defectiveness pursuant to para. 8 or the reimbursement of its futile expenses. Items that have been replaced by HFS Aichach shall, upon HFS Aichach’s demand, be returned to HFS Aichach. HFS Aichach shall not assume any warranty for defects for which Customer bears responsibility such as inappropriate or improper use, faulty treatment or incorrect installation Section 924 of the 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 limitations for claims for defects shall be twenty-four months from the hand-over of the object of delivery to CustomerAustrian Civil Code [ABGB] is waived.

Warranty. HFS Aichach Arconic warrants that the products have the agreed characteris- tics characteristics at the time of the passage of the risk and that they are free from defects. The characteristics of the object of delivery shall exclusively be determined by the specific agreements made by the parties in writ- ing writing with regard to the characteristics and features of the products. Customer’s 's warranty rights require that the Customer inspects the ob- ject object of delivery upon receipt without undue delay and notifies HFS Aichach AFSR about any defects without undue delay in writing; hidden de- fects defects must be notified in writing without undue delay upon their dis- coverydiscovery. If the products are defective, HFS Aichach Arconic shall be entitled to remove the defect at its option by remedying the defects or delivery of replace- ment replacement products, both free of charge to Customer. In the event of any notification of a defect, HFS Aichach Arconic shall have the right to inspect and test the products to which objection was made. Upon request of HFS AichachArconic, Customer shall return the defective products to HFS Aichach Arconic at the cost of HFS AichachArconic. Customer shall grant HFS Aichach Arconic 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 Customer or should the removal of a defect by remedy or the delivery of a replacement fail, should such remedy be unreasonable for Customer or has HFS Aichach Arconic refused such remedy according to 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 para. 8 or the reimbursement of its futile expenses. Items that have been replaced by HFS Aichach Arconic shall, upon HFS Aichach’s Arconic's demand, be returned to HFS AichachArconic. HFS Aichach Arconic shall not assume any warranty for defects for which Customer bears responsibility such as inappropriate or improper use, faulty treatment or incorrect installation of the 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 limitations for claims for defects shall be twenty-four months from the hand-over of the object of delivery to Customer.