Common use of Warranty Clause in Contracts

Warranty. 18.1. The provisions of the statutory 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 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. 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 object of performance that threatens further damage or makes it more difficult or impossible to determine the cause of the defect must be discontinued by the customer without de- lay, unless this is unreasonable. 18.11. If 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 redhibitory action by improvement or reasonable price reduction, unless the defect is substantial and non-recoverable. 18.13. If the objects of performance are manufactured on the basis of information, drawings, plans, models or other specifications of the customer, 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 constitute a defect if this is based exclusively on deviating actual conditions from the information available to us at the time of the perfor- mance of the service because the customer does not comply with his obligations to cooperate. 18.15. The defective delivery or samples thereof shall be returned to us by the business costumer - if economi- cally justifiable. 18.16. The warranty shall be excluded if the customer's technical equipment, such as supply lines, cabling, etc., is not in a technically perfect and operational condition or is not compatible with the delivered items, insofar as this circumstance is causal for the defect.

Warranty. 18.1. 7.1 In case of supplies made by TELE Haase to customers 7.1.1 Unless special warranty periods have been agreed for individual goods, TELE Haase warrants for a term of 12 months from supply that the goods and/or services supplied or performed by TELE Haase are free from defects. 7.1.2 The provisions warranty of TELE Haase is limited to at first providing improvement of or substituting the statutory warranty shall applysupply, at its option. The warranty period for our services towards business costumers shall be one year from handoverdetermined solely by clause 7.1.1, even in case a defect is remedied within the scope of the limited warranty under this clause 7.1. 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 7.1.3 The customer has taken over the service in its power of disposal obligation to check the goods and/or services supplied or has refused to take over performed by TELE Haase for defects after receiving the service without giving reasons. 18.3. If a joint handover is planned supply 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. 18.6before performing any repairs or processing activities. If the customer's allegations customer finds the supply to be defective, TELE Haase has to be informed of the identified defects are unjusti- fiedby written notice to be given without delay, in any case within 5 working days as from receipt of the customer supply. Written notice of any hidden defects shall be obliged given to reimburse us for any expenses incurred in determining TELE Haase within 5 working days after such hidden defects have been discovered. Compliance with the notification period will be determined exclusively by the date when such written notice has been received by way of the Return-Material- Authorisation (RMA) process that is available on the goods are free website of defects or in rectifying the defectsTELE Haase (xxxxx://xxx.xxxx- xxxxxx.xxx/xx/xxxxxxx-xxxxxxx/xxxxxxx/xxxxxx- management). 18.7. The business costumer must always prove that the defect already existed at the time 7.1.4 If notice 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 identified defects must also be reported within this reasonable period after dis- covery. 18.10. Any use or processing of the defective object of performance that threatens further damage or makes it more difficult or impossible to determine the cause of the defect must be discontinued by the customer without de- lay, unless this is unreasonable. 18.11. If a complaint is not made given in due time, the goods customer shall not be deemed entitled to have been accepted. 18.12raise claims based on warranty (clause 7.1) and/or compensation of damage (clause 8.1). We may avert a claim for redhibitory action by improvement or reasonable price reductionThe customer bears the burden of proving any and all conditions of entitlement, unless including without limitation the defect is substantial and non-recoverable. 18.13. If as such, the objects of performance are manufactured on time when the basis of information, drawings, plans, models or other specifications of the customer, we shall only war- rant for the execution defect was present (proving in accordance with the conditions. 18.14. The circumstance particular that the work is not fully suita- ble for the agreed use shall not constitute a defect if this is based exclusively on deviating actual conditions from the information available to us was already present at the time of delivery) and the perfor- mance timeliness of the service because the customer does not comply with his obligations to cooperatenotice of defects. 18.157.1.5 Warranty claims cannot be derived from information provided in catalogs, leaflets, promotional literature and written or oral statements not incorporated into the contract. 7.2 In case of purchases made by TELE Haase from vendors 7.2.1 The statutory warranty provisions shall apply to purchases made by TELE Haase, subject to the following qualifications: 7.2.2 The duty to submit a notice of defects (Mängelrüge) pursuant to sections 377, 378 of the (Austrian) Commercial Code (Unternehmensgesetzbuch, UGB) is excluded. 7.2.3 The statutory warranty period of 24 months shall begin to run on the day when TELE Xxxxx takes delivery of the goods and services supplied or performed by the vendor. The defective If acceptance testing has been agreed, the warranty period shall begin to run upon acceptance being completed. In case of substitute delivery or samples thereof any other remedying of defects, the warranty period for the affected supplies shall be returned re-commence after the taking of delivery or acceptance and such new warranty period shall also apply to us by the business costumer - if economi- cally justifiableany defects that had not yet been discovered. 18.16. The 7.2.4 If out-of-court written notice of defects is given by TELE Haase by telefax or email within the warranty shall period, the respective warranty claim will be excluded if deemed adequately raised within the customer's technical equipment, such as supply lines, cabling, etcrelevant period., is not in a technically perfect and operational condition or is not compatible with the delivered items, insofar as this circumstance is causal for the defect.

Warranty. 18.1. 7.1 In case of supplies made by TELE Haase to customers 7.1.1 Unless special warranty periods have been agreed for individual goods, TELE Haase warrants for a term of 12 months from supply that the goods and/or services supplied or performed by TELE Haase are free from defects. 7.1.2 The provisions warranty of TELE Haase is limited to at first providing improvement of or substituting the statutory warranty shall applysupply, at its option. The warranty period for our services towards business costumers shall be one year from handoverdetermined solely by clause 7.1.1, even in case a defect is remedied within the scope of the limited warranty under this clause 7.1. 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 7.1.3 The customer has taken over the service in its power of disposal obligation to check the goods and/or services supplied or has refused to take over performed by TELE Haase for defects after receiving the service without giving reasons. 18.3. If a joint handover is planned supply 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. 18.6before performing any repairs or processing activities. If the customer's allegations customer finds the supply to be defective, TELE Haase has to be informed of the identified defects are unjusti- fiedby written notice to be given without delay, in any case within 5 working days as from receipt of the customer supply. Written notice of any hidden defects shall be obliged given to reimburse us for any expenses incurred in determining TELE Haase within 5 working days after such hidden defects have been discovered. Compliance with the notification period will be determined exclusively by the date when such written notice has been received by way of the Return-Material-Authorisation (RMA) process that is available on the goods are free website of defects or in rectifying the defectsTELE Haase (xxxxx://xxx.xxxx-xxxxxx.xxx/xx/xxxxxxx- support/contact/claims-management). 18.7. The business costumer must always prove that the defect already existed at the time 7.1.4 If notice 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 identified defects must also be reported within this reasonable period after dis- covery. 18.10. Any use or processing of the defective object of performance that threatens further damage or makes it more difficult or impossible to determine the cause of the defect must be discontinued by the customer without de- lay, unless this is unreasonable. 18.11. If a complaint is not made given in due time, the goods customer shall not be deemed entitled to have been accepted. 18.12raise claims based on warranty (clause 7.1) and/or compensation of damage (clause 8.1). We may avert a claim for redhibitory action by improvement or reasonable price reductionThe customer bears the burden of proving any and all conditions of entitlement, unless including without limitation the defect is substantial and non-recoverable. 18.13. If as such, the objects of performance are manufactured on time when the basis of information, drawings, plans, models or other specifications of the customer, we shall only war- rant for the execution defect was present (proving in accordance with the conditions. 18.14. The circumstance particular that the work is not fully suita- ble for the agreed use shall not constitute a defect if this is based exclusively on deviating actual conditions from the information available to us was already present at the time of delivery) and the perfor- mance timeliness of the service because the customer does not comply with his obligations to cooperatenotice of defects. 18.157.1.5 Warranty claims cannot be derived from information provided in catalogs, leaflets, promotional literature and written or oral statements not incorporated into the contract. 7.2 In case of purchases made by TELE Haase from vendors 7.2.1 The statutory warranty provisions shall apply to purchases made by TELE Haase, subject to the following qualifications: 7.2.2 The duty to submit a notice of defects (Mängelrüge) pursuant to sections 377, 378 of the (Austrian) Commercial Code (Unternehmensgesetzbuch, UGB) is excluded. 7.2.3 The statutory warranty period of 24 months shall begin to run on the day when TELE Xxxxx takes delivery of the goods and services supplied or performed by the vendor. The defective If acceptance testing has been agreed, the warranty period shall begin to run upon acceptance being completed. In case of substitute delivery or samples thereof any other remedying of defects, the warranty period for the affected supplies shall be returned re-commence after the taking of delivery or acceptance and such new warranty period shall also apply to us by the business costumer - if economi- cally justifiableany defects that had not yet been discovered. 18.16. The 7.2.4 If out-of-court written notice of defects is given by TELE Haase by telefax or email within the warranty shall period, the respective warranty claim will be excluded if deemed adequately raised within the customer's technical equipment, such as supply lines, cabling, etcrelevant period., is not in a technically perfect and operational condition or is not compatible with the delivered items, insofar as this circumstance is causal for the defect.

Warranty. 18.117.1. The provisions of For entrepreneurial Customers, the statutory warranty shall apply. The warranty period for our services towards business costumers shall be amounts to one year from handover. 18.217.2. In The date of handover will be the absence date of any agreement to completion unless otherwise agreed (e.g., the contrary (e.g. date of formal acceptanceaccep- tance), the time of handover shall be the time of completion, but at the latest when the customer Customer has taken over the service in its power of disposal and placed it under that party’s control, or has refused to take over the service acceptance without giving reasonsproviding grounds. 18.317.3. 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 The rectification of a defect claimed by the Customer shall does not constitute an acknowledgement of the defect claimed by the Customersaid defect. 18.517.4. The business costumer Entrepreneurial Customers shall grant us at least two attempts to rectify the defectremedy defects. 18.617.5. If the customer's allegations of defects Customer’s defect claims are unjusti- fiedunsubstantiated, the customer Customer shall be obliged to reimburse compensate us for any expenses we have incurred in by determining that the goods are free lack of defects or in rectifying the defectsby troubleshooting. 18.717.6. The business costumer must Entrepreneurial Customers shall always prove bear the burden of proof that the defect already existed at in question was present on the time of handoverhandover date. 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. 18.917.7. Defects that an entrepreneurial Customer has (or should have) detected in the delivery item which the business costumer has discovered or should have discovered object by examination examina- tion in the ordinary course of ordinary business after de- livery delivery must be reported indicated to us in writing immediatelywithout undue delay, but at the latest 8 days after handover. Hidden defects must also be reported indicated within this reasonable period time limit after dis- coverytheir discovery. 18.1017.8. Any Customer shall discontinue without undue delay any use or processing of the defective object of performance that delivery which threatens further damage damage, or makes it more difficult hinders or impossible to determine prevents the cause of the defect must be discontinued by the customer without de- layfrom being determined, unless provided this is unreasonablefeasible for Customer. 18.1117.9. If a complaint no notice of defect is not made in due timea timely manner, the goods shall will be deemed to have been accepted. 18.1217.10. We may avert a claim for redhibitory action by improvement or reasonable price reduction, unless Customer shall return the defect is substantial and non-recoverable. 18.13. If the objects of performance are manufactured on the basis of information, drawings, plans, models or other specifications of the customer, 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 constitute a defect if this is based exclusively on deviating actual conditions from the information available to us at the time of the perfor- mance of the service because the customer does not comply with his obligations to cooperate. 18.15. The defective delivery or samples thereof shall be returned to us by the business costumer - if economi- cally justifiableus, provided this is economically feasible. 18.1617.11. The entrepreneurial Customer shall bear all costs for the return transport of the defective item to us. 17.12. Customer shall enable us to determine defects without undue delay. 17.13. The warranty shall be is excluded if the customer's Customer’s technical equipment, facilities (such as supply lines, cablingcables, etc., is ) are not in a an operational and technically perfect and operational condition flawless condition, or is are not compatible with the delivered itemsobject, insofar as provided this circumstance is has a causal for connection with the defect.

Warranty. 18.18.2.1 These terms and conditions do not grant any guarantees. The provisions LEONI excludes any kind of updating obligations. Otherwise, the Customer shall be entitled to the statutory warranty shall apply. The warranty period for our services towards business costumers shall be one year from handover.rights in accordance with the following provisions: 18.2. In 8.2.2 Immediately upon receipt of the absence of any agreement to the contrary (e.g. formal acceptance)goods, 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 allegations of defects are unjusti- fied, the customer shall be obliged to reimburse us for any expenses incurred in determining that 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 free of defects or in rectifying the defects. 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 be notified 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 LEONI immediately, at the latest 8 within 5 working days after handover. Hidden of receipt, hidden defects must also be reported within this reasonable the same period after dis- coverydiscovery, by written or textual notification with detailed explanation, otherwise the warranty shall lapse. 18.10. Any use 8.2.3 All claims for defects shall be subject to the condition precedent that 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 sample of the defective object goods 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, there is no warranty if damages result from improper handling of performance that threatens further damage the goods. Furthermore, there is no warranty if the Customer modifies the goods or makes it more difficult or impossible to determine has them modified by third parties wit- xxxx XXXXX‘s consent and the cause 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 way that it cannot be discontinued used by the customer without de- lay, unless this is unreasonable. 18.11. If 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 redhibitory action by improvement or reasonable price reduction, unless the defect is substantial and non-recoverable. 18.13. If the objects of performance are manufactured on the basis of information, drawings, plans, models or other specifications of the customer, we shall only war- rant for the execution Customer in accordance with the conditionsquality/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. 18.14. The circumstance that 8.2.6 In the work is not fully suita- ble 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 freight to the contractual place of delivery against return of the defective goods. 8.2.7 LEONI shall bear the expenses necessary for the purpose of subsequent performance, 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 use shall not constitute place of delivery) if a defect if this is based exclusively on deviating actual conditions actually exists. Otherwise LEONI may claim reimbursement from the information available to us at the time of the perfor- mance of the service because the customer does not comply with his obligations to cooperateals den vertraglich vereinbarten Lieferort verbracht wurde) trägt LEONI, wenn 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. 18.158.2.8 Ersetzte Ware wird Eigentum von LEONI. The defective delivery or samples thereof shall be returned to us by the business costumer - if economi- cally justifiableFür ersetzte Teile gelten wieder die Gewährleistungsregelungen dieser Bedingungen, sofern der Ersatz nicht nur aus Kulanz von LEONI erfolgt. 18.168.2.9 Sollte die Nachbesserung bzw. The warranty shall be excluded if the customer's technical equipmentErsatzlieferung fehlschlagen, such as supply lineskann 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, cablingdann muss sich der Besteller innerhalb von zehn Arbeits- tagen nach Eintritt der Voraussetzungen erklären, etcfalls 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. 8.2.10 LEONI schuldet keine Rückgriffsleistungen gemäß § 445a BGB, is not voraus- gesetzt der letzte Vertrag in a technically perfect and operational condition or is not compatible with the delivered itemsder Lieferkette ist kein Verbrauchsgüterkauf; Rückgriffsleistungen von LEONI nach § 445a BGB sind in diesem Fall ins- besondere dann ausgeschlossen, insofar as this circumstance is causal for the defectwenn LEONI nur Teile geliefert hat oder wenn LEONI Teile für Lieferungen nur zusammengebaut hat. 8.2.11 In dem Umfang, in dem LEONI bezüglich der Lieferung oder Teilen der- selben eine Beschaffenheits- und/oder Haltbarkeitsgarantie (§ 443 BGB) abgegeben hat, haftet LEONI im Rahmen der Garantie. Für Schäden, die auf dem Fehlen der garantierten Beschaffenheit oder Haltbarkeit beruhen, aber nicht unmittelbar an der Lieferung eintreten, haftet LEONI allerdings nur dann, wenn das Risiko eines solchen Schadens ersichtlich von der Garantie erfasst ist. 8.2.12 Abweichend von § 438 Abs. 1 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, die entsprechend ihrer üblichen Verwendungsweise für ein Bau- werk verwendet worden ist und dessen Mangelhaftigkeit verursacht hat (Baustoff), beträgt die Verjährungsfrist gemäß der gesetzlichen Regelung fünf Jahre ab Ablieferung (§ 438 Abs. 1 Nr. 2 BGB). Unberührt bleiben auch weitere zwingende gesetzliche Sonderregelungen zur Verjährung (insbesondere § 438 Abs. 1 Nr. 1, Abs. 3 BGB, §§ 444, 445b BGB). Die Ablaufhemmung gemäß § 445b Abs. 2 BGB endet jedoch spätestens fünf Jahre nach dem Zeitpunkt, in dem LEONI die Sache dem Besteller abge- liefert hat; dies gilt nicht soweit der letzte Vertrag in der Lieferkette ein Verbrauchsgüterkauf ist.