Common use of Warranty Clause in Contracts

Warranty. 1. The purchaser is always obligated to immediately inspect all goods delivered by us, even if they are still in packaging. Clearly visible defects must be reported in writing within a week of the day of delivery at the latest. Hidden defects must be reported in writing by the contracting party within a week of their discovery at the latest. The contracting party is obligated to provide a detailed description in writing of the reported defect. If the report is omitted or delayed, the contracting party shall waive their claim to defects in the purchased item. Any processing of a notice of defects by us, in particular, the examination of the goods after return by the contracting partner, in no way means that the contracting partner has waived their obli- gation to notify us of the defects. If an inspection has been agreed, it must be carried out in our factory by the purchaser or by an agent or by a third party. Clearly visible defects must be immediately reported. 2. We guarantee that the items delivered by us are free from material defects. The standard for the contrac- tual conformity of the delivered products is the respective descriptions of the products and their purpose as described in the contract that we concluded with the customer. Insignificant changes to the goods in terms of construction, shape and design or the values as stated in the description, as well as insignificant changes to our services must be accepted by the customer if they are reasonable or if it involves standard quantity, quality or design-related tolerances. We shall only provide assembly instructions if expressly agreed in writ- ing. 3. Information that we provide in text or drawing form, e.g. in catalogs, descriptions, illustrations and draw- ings, as well as any dimensions, weight and performance data, shall only characterize the quality of our products and do not represent any guarantee of properties or guarantees. Our employees, sales represent- atives or other sales agents are not authorized to declare any guarantees or warranties. The presentation of patterns or samples does not in itself constitute a guarantee or promise. Changes to technical data and designs that serve to promote technical progress shall remain unaffected. 4. In addition, warranty claims are excluded if the errors occurred due to natural wear and tear of the pur- chased item, as a result of incorrect or negligent handling, as a result of defective or improper maintenance, improper use or unsuitable use, incorrect assembly, if they are due to excessive use or as a result of using unsuitable equipment after the transfer of risk or if they are due to impairments caused by any special external influences, after the transfer of risk, that were not contractually required. Warranty claims shall also be excluded if the customer has carried out repair work himself or through third parties, without this being absolutely necessary. 5. Deviations from the ordered quantities cannot always be avoided for technical reasons. In particular, in the production of products that are bound to drawings (technical springs), we must reserve the right to produce more or less in the usual scope, i.e., 10%. Deliveries must also be accepted if they show minor defects. complained about, it is incumbent upon him to prove that the public statement was the cause of his purchase decision.

Appears in 2 contracts

Samples: General Conditions of Sale, General Conditions of Sale

Warranty. 1. The purchaser is always obligated to immediately inspect all goods delivered by us, even if they are still in packaging. Clearly visible defects must be reported in writing within a week of the day of delivery at the latest. Hidden defects must be reported in writing by the contracting party within a week of their discovery at the latest. The contracting party is obligated to provide a detailed description in writing of the reported defect. If the report is omitted or delayed, the contracting party shall waive their claim to defects in the purchased item. Any processing of a notice of defects by us, in particular, the examination of the goods after return by the contracting partner, in no way means that the contracting partner has waived their obli- gation to notify us of the defects. If an inspection has been agreed, it must be carried out in our factory by the purchaser or by an agent or by a third party. Clearly visible defects must be immediately reported. 2. We guarantee that the items delivered by us are free from material defects. The standard for the contrac- tual conformity of the delivered products is the respective descriptions of the products and their purpose as described in the contract that we concluded with the customer. Insignificant changes to the goods in terms of construction, shape and design or the values as stated in the description, as well as insignificant changes to our services must be accepted by the customer if they are reasonable or if it involves standard quantity, quality or design-related tolerances. We shall only provide assembly instructions if expressly agreed in writ- ing. 3. Information that we provide in text or drawing form, e.g. in catalogs, descriptions, illustrations and draw- ings, as well as any dimensions, weight and performance data, shall only characterize the quality of our products and do not represent any guarantee of properties or guarantees. Our employees, sales represent- atives or other sales agents are not authorized to declare any guarantees or warranties. The presentation of patterns or samples does not in itself constitute a guarantee or promise. Changes to technical data and designs that serve to promote technical progress shall remain unaffected. 4. In addition, warranty claims are excluded if the errors occurred due to natural wear and tear of the pur- chased item, as a result of incorrect or negligent handling, as a result of defective or improper maintenance, improper use or unsuitable use, incorrect assembly, if they are due to excessive use or as a result of using unsuitable equipment after the transfer of risk or if they are due to impairments caused by any special external influences, after the transfer of risk, that were not contractually required. Warranty claims shall also be excluded if the customer has carried out repair work himself or through third parties, without this being absolutely necessary. 5. Deviations from the ordered quantities cannot always be avoided for technical reasons. In particular, in the production of products that are bound to drawings (technical springs), we must reserve the right to produce more or less in the usual scope, i.e., 10%. Deliveries must also be accepted if they show minor defects. complained about, it is incumbent upon him to prove that the public statement was the cause of his purchase decision.05.05.20

Appears in 1 contract

Samples: General Conditions of Sale

Warranty. 1. The purchaser is always obligated to immediately inspect all goods delivered by us, even if they are still in packaging. Clearly visible defects must be reported in writing within a week of the day of delivery at the latest. Hidden defects must be reported in writing by the contracting party within a week of their discovery at the latest. The contracting party is obligated to provide a detailed description in writing of the reported defect. If the report is omitted or delayed, the contracting party shall waive their claim to defects in the purchased item. Any processing of a notice of defects by us, in particular, the examination of the goods after return by the contracting partner, in no way means that the contracting partner has waived their obli- gation to notify us of the defects. If an inspection has been agreed, it must be carried out in our factory by the purchaser or by an agent or by a third party. Clearly visible defects must be immediately reported. 2. We guarantee that the items delivered by us are free from material defects. The standard for the contrac- tual conformity of the delivered products is the respective descriptions of the products and their purpose as described in the contract that we concluded with the customer. Insignificant changes to the goods in terms of construction, shape and design or the values as stated in the description, as well as insignificant changes to our services must be accepted by the customer if they are reasonable or if it involves standard quantity, quality or design-related tolerances. We shall only provide assembly instructions if expressly agreed in writ- ing. 3. Information that we provide in text or drawing form, e.g. in catalogs, descriptions, illustrations and draw- ings, as well as any dimensions, weight and performance data, shall only characterize the quality of our products and do not represent any guarantee of properties or guarantees. Our employees, sales represent- atives or other sales agents are not authorized to declare any guarantees or warranties. The presentation of patterns or samples does not in itself constitute a guarantee or promise. Changes to technical data and designs that serve to promote technical progress shall remain unaffected. 4. In addition, warranty claims are excluded if the errors occurred due to natural wear and tear of the pur- chased item, as a result of incorrect or negligent handling, as a result of defective or improper maintenance, improper use or unsuitable use, incorrect assembly, if they are due to excessive use or as a result of using unsuitable equipment after the transfer of risk or if they are due to impairments caused by any special external influences, after the transfer of risk, that were not contractually required. Warranty claims shall also be excluded if the customer has carried out repair work himself or through third parties, without this being absolutely necessary. 5. Deviations from the ordered quantities cannot always be avoided for technical reasons. In particular, in the production of products that are bound to drawings (technical springs), we must reserve the right to produce more or less in the usual scope, i.e., 10%. Deliveries must also be accepted if they show minor defects. 6. complained aboutInsofar as we deliver used products in individual cases according to the contractual agreement, it is incumbent upon him to prove that the public statement was war- ranty shall be excluded, unless otherwise agreed in individual cases. This exclusion of warranty does not apply in cases of intent or gross negligence or in cases where the cause of his purchase decisionlaw otherwise stipulates liability.

Appears in 1 contract

Samples: General Conditions of Sale