Warranties mintaszakaszok
Warranties. Elsevier warrants that use of the Subscribed Products in accordance with the terms and con ditions herein will not infringe the intellectual property rights of any third party, and that no third party has any right in or to the Subscribed Products that would impede or restrict the manner and extent of use under this Agree ment.
Warranties. Elsevier warrants that use of the Subscribed jelen Megállapodás szerinti használata nem jogsértő semmilyen harmadik fél szellemi tulajdonjogaira nézve, továbbá harmadik személynek az Előfizetett Termékek tekintetében nincs olyan joga, amely a jelen szerződés szerinti felhasználás módját és terjedelmét bármilyen módon akadályozná vagy korlátozná.
Warranties. Elsevier warrants that use of the S u b scribed Products in accordance with the terms and conditions herein will not in fringe the intellectual property rights of any third party, and that no third party has any right in or to the Subscribed Products that would impede or restrict the m anner and extent of use under this Agreement.
Warranties. The Seller warrants that the Goods and/or Services (and each part thereof):
a) are free from Defects, and
b) conform with all specified or implied characteristics, and
c) are fit and safe for the function and purpose for which they are intended. The Seller shall, without prejudice to any other remedy available to the Buyer under the Agreement or under governing law, immediately repair or replace (at the Buyer’s option) any Goods or part thereof which within a period of thirty-six (36) months from complete delivery of the Goods (“the Warranty Period”) are found to suffer from a Defect. With respect to latent Defects (i.e. Defects which are not discoverable by reasonable inspection) the Warranty Period shall be forty-eight (48) months from complete delivery. Longer statutory limitation periods remain unaffected. Repair shall be carried out at the place where the Goods are located unless the Seller deems it appropriate, in an explicit Agreement with the Buyer, that the defective Goods (or part thereof) are returned to the Seller for repair or replacement. Any Goods shall be returned for repair or replacement at the Seller’ risk and expense, including dismantling, reinstallation, and necessary transport, as to which matters the Buyer shall follow the Seller’s instructions. Any Defect may be remedied by the Buyer or third party at the Seller’s expense and with no subsequent limitation of the Seller’s warranties, provided:
a) the Defect is of a minor nature, and/or
b) the matter is urgent, especially to ward off imminent risks or to prevent major damage, and/or
c) the Seller fails to eliminate the Defect in due time. Whenever possible, the Buyer shall inform the Seller in advance of its intention to eliminate the Defect. Where successful remedial work has been undertaken by the Buyer or a third party, the Seller shall reimburse the Buyer all reasonable costs incurred by the Buyer connected therewith. The Warranty Period shall be prolonged by a period of time equaling the period during which, owing to the Defect, the Goods could not be used for their intended purpose. After repair or replacement, the warranty shall be valid for a period of time equaling the original Warranty Period but calculated from the date of repair or replacement. The rights and remedies set out in these General Purchasing Terms are without prejudice to the Buyer’s rights in relation to any Defects in the Goods which appear after the Warranty Period and to the other rights and remedies which...
Warranties. (1) The AN warrants that the object of purchase possesses the contractually agreed properties, is fit for the contractually intended purpose and in accordance with the state of the art and all applicable private-law and public-law standards. The AN further warrants that no rights of third parties - including trade mark rights, copyrights and patent rights – shall be violated as a result of its contractual performance.
(2) Unless agreed upon in writing otherwise the AN undertakes a guarantee of 24 months commencing on the date of certified delivery of the goods, or respectively certified performance of the services that they meet the requirements set forth in Clause 7 (1) herein. In the frame of the guarantee – upon the choice of AG at its discretion – AN shall at its costs repair or exchange the defective goods, or respectively repair or repeat the defective service. If AN does not comply with this obligation within 5 days following the written request of AG thereto, AG is at the costs and risk of AN entitled to fulfil or have them fulfilled by a third party, or respectively to carry out a covering purchase. The enforcement of the guarantee claims does not prejudice the rights and claims of AG arising from the contract or the legal provisions.
(3) Following the elapse of the applicable guarantee time AG is liable for defects of goods and services and their legal defects for the remaining time of the statutory warranty, or suitability time limits after deduction of the guarantee time in accordance with the statutory provisions.
(4) In the event of remedial performance, the AN shall bear the expenses in addition to the costs for removal and installation of the defective object of purchase. The AN shall also be obliged to compensate for any damages to other objects that may result from the removal and installation of the defective object of purchase and shall indemnify the AG from all third- party claims in this respect. If the AN delivers a non- defective instead of the defective object of purchase, the AN shall not be entitled to demand compensation for use by AG, provided that the product has been built in the building of a third party in accordance with the proper use.
(5) The place of performance for remedial performance shall be the place where the object of purchase is located according to its intended purpose. If the object of purchase is installed in a building of third parties, remedial works shall be effected in agreement with the latter and with p...