Claims due to defects Sample Clauses

The "Claims due to defects" clause establishes the process and rights for a party to make claims if defects are discovered in goods, services, or works provided under a contract. Typically, this clause outlines the timeframe within which defects must be reported, the procedures for notifying the responsible party, and the remedies available, such as repair, replacement, or compensation. Its core practical function is to ensure that any deficiencies are addressed promptly and fairly, thereby protecting the interests of the party receiving the goods or services and providing a clear mechanism for resolving issues related to quality or performance.
Claims due to defects. 12.1 Telekom shall guarantee the functionality of the services under this agreement with the features named in the Service Specifications for the term of the agreement. 12.2 If services are defective, Telekom shall restore their condition as per the agreement either by providing the services again or rectifying the services in accordance with the provisions set forth in the rele- vant Service Specifications. 12.3 In the event of reduced functionality, the customer may demand from Telekom, where applicable, reimbursement of the charges subsequently set forth in the Service Specifications. 12.4 Information on properties of the services, technical data, and spec- ifications in the contractual documents is intended solely to de- scribe the service in question. It is not to be understood as a guar- ▇▇▇▇▇ (or a guaranteed feature) within the meaning of the German Civil Code (Bürgerliches Gesetzbuch – BGB). Telekom shall make no guarantees. 12.5 Any claims due to defects under this agreement shall expire one year from the start of the statutory warranty period. 12.6 In all other cases, possible claims of the customer shall be excluded. Liability for compensation under the requirements and within the scope of this agreement shall remain unaffected.
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Claims due to defects. 11.1. The period of limitation for warranty claims concerning the contractor’s services in their entirety is 25 months, unless otherwise specifically agreed. The period covered by the warranty begins with the complete, defect-free delivery of the products and services concerned. 11.2. Whenever it is asked to do so in writing by R&M, the supplier shall rectify, at his own expense and throughout the period covered by the warranty, all defects attributable to the failure of delivered products and services. The demand to remedy the defect in question shall expire at the end of two years, counted from the receipt of the corresponding written request, but not before the expiry of the period defined in clause 11.1. Once the corresponding repair or remedy has been accepted, the warranty covering the products and services concerned shall again run for two years, but shall in any case not expire before the date defined in clause 11.1. If the supplier fails to rectify a defect within a reasonable time defined by R&M, R&M shall be entitled to have the defect repaired or replaced the products and services concerned at the supplier’s expense. 11.3. The supplier hereby assigns to R&M, in the event the contract being awarded, all and any defect, warranty and/or loss-and-damage claims that might be made against the supplier’s own subcontractors and suppliers during the ful- filment of this contract. R&M ▇▇▇▇▇▇ accepts this assignment in his favour. The supplier must envisage, in his agree- ments with its own subcontractors and suppliers, the assignment of his claims to R&M. The supplier's liability for defects remains unaffected by this assignment of claims.
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Claims due to defects. 1. The Purchaser shall inspect the Products for completeness, defects and qualities immediately upon receipt. The Purchaser shall provide us with written notice of errors in quantity shipped and obvious defects immediately, or within seven (7) business days after receipt of the Products at the latest. Concealed defects shall be reported to us in writing within the same notice period, commencing on the date of discovery. The warranty shall not apply to defects not reported within this notice period. 2. On the basis of public statements made through us, the manufacturer or its agents, we shall accept no liability, if we were not aware of the statements and had no reason to be aware of them, if the statements had already been rectified at the time of the decision to purchase or to the extent that the Purchaser is unable to prove that the statements influenced its decision to purchase. 3. No liability shall be accepted for unsuitable or improper use or use not in compliance with instructions, incorrect installation or commissioning by the Purchaser or third parties, ordinary wear and tear, incorrect or negligent handling, improper means of operation, substituted materials, wear and tear, shortcomings in the construction work arranged by the Purchaser, unsuitable building site, chemical, electrochemical or electrical effects. The first sentence shall also apply in so far as the NETZSCH Operating Instructions were not followed during installation or operation. We shall also accept no liability for defects, which only insignificantly reduce the value or suitability of the product. An insignificant defect shall be deemed to exist in particular, if the defect soon disappears or corrects itself or if it can be corrected by the Purchaser with minimal effort. 4. Should the Purchaser demand a remedy due to a defect, we shall have the option to replace the Product or to repair the defect. If the remedy fails, the Purchaser’s right to reduce the purchase price or to rescind the contract remains unaffected. 5. The Purchaser shall, after communication with us, allow the required time and opportunity to under-take all repairs and replace any parts which we, in our reasonable discretion, consider necessary: otherwise we shall be released from liability for defects. The Purchaser shall have no right to have possible defects repaired by third parties at our expense without our approval or to claim any price reduction in respect thereof. 6. We shall have title to all parts repl...
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Related to Claims due to defects

  • CLAIMS FOR DAMAGES 7.4.1 Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the other party or of any of his / her employees, agents or others for whose acts he / she is legally liable, claim shall be made in writing to such other party within a reasonable time after the first observance of such injury or damage.

  • Latent Defects Notwithstanding anything to the contrary set forth herein, no acceptance, or deemed acceptance, by City pursuant to this Section shall be applicable with respect to any Latent Defects. An acceptance, or deemed acceptance, by City pursuant to this Section shall not mean that City has accepted, or the other party has been relieved of, responsibility for: (i) compliance with the Laws; (ii) the proper application of construction means or methods; or (iii) correcting any portion of the Project if it later is determined that any portion of the Project is inconsistent with the Final Documents and Drawings.

  • Claims Conditions a. In the event You incur a loss You must notify Us by providing the following: i. A completed claim form with Us, as soon as practicable. ii. Invoices from Your treating Veterinarian listing the services performed, products provided and the itemized charges for Treatment, including packages and/or discounts. iii. A payment receipt when submitting a handwritten invoice. If payment receipt is not provided the invoice will be verified with Your Veterinarian prior to claim processing. b. We reserve the right to ask for information from any Veterinarian that has ever seen Your Pet(s) in order to assess its health. c. We, at Our expense, have the right to have any covered Pet(s) examined by a Veterinarian of Our choice as often as reasonably necessary while a claim is pending. d. If You disagree with the decision made by Us, You have the right to an appeal. Any claim submitted for reconsideration must be submitted within sixty days (60), or as soon as reasonably practicable, of the decision and must be in writing on a Claims Redetermination Request Form. If the appeal is regarding a disagreement over medical facts, rather than Policy coverage or terms, We may, at Our own discretion, consult with an impartial Veterinarian selected by Us, who is independent and not controlled by Us, to conduct a review. Any such redetermination by the impartial Veterinarian will be binding on Us. e. If We pay a claim contrary to this Policy’s terms and conditions, that payment does not waive Our rights to apply those terms and conditions to any paid or any future claim. We also have the right to stop payment or recover from You any claim amount paid incorrectly. f. If You or anyone acting on Your behalf submits a fraudulent claim, all pending and future benefits under the Policy will be lost with respect to the Policy. g. No action can be taken against Us unless You have complied with all of the terms and conditions of this Policy, and ninety-one

  • Correction of Defects 35.1 The Engineer shall give notice to the Contractor of any Defects before the end of the Defects Liability Period, which begins at Completion and is defined in the Contract Data. The Defects Liability Period shall be extended for as long as Defects remain to be corrected. 35.2 Every time notice of a Defect is given, the Contractor shall correct the notified Defect within the length of time specified by the Engineer’s notice.

  • REMEDY OF DEFECTS (a) The BUILDER shall remedy, at its expense, any defects, against which the VESSEL is guaranteed under this Article, by making all necessary repairs or replacements at the SHIPYARD or elsewhere as provided for in (b) hereinbelow. In such case, the VESSEL shall be taken at the BUYER's cost and responsibility to the place selected, ready in all respects for such repairs or replacements and in any event, the BUILDER shall not be responsible for towage, dockage, wharfage, port charges and anything else incurred for the BUYER's getting and keeping the VESSEL ready for such repairing or replacing. (b) However, if it is impractical (which shall include, but not be limited to, an emergency) to bring the VESSEL to the SHIPYARD, the BUYER may cause the necessary repairs or replacements to be made elsewhere which is deemed by the BUYER with the consent of the BUILDER which shall not be unreasonably withheld, to be suitable for the purpose, provided that, in such event, the BUILDER may forward or supply replacement parts or materials under the terms described in (c) hereinbelow, unless forwarding or supplying thereof under the terms described in (c) hereinbelow would impair or delay the operation or working schedule of the VESSEL. In the event that the BUYER proposes to cause the necessary repairs or replacements to be made to the VESSEL at any shipyard or works other than the SHIPYARD, the BUYER shall first (but in all events as soon as reasonably possible) give the BUILDER notice by email or facsimile of the time and place such repairs will be made, and if the VESSEL is not thereby delayed, or her operation or working schedule is not thereby impaired, the BUILDER shall have the right to verify by its own representative(s) the nature and extent of the defects complained of. The BUILDER shall, in such case, promptly advise the BUYER by email or facsimile, after such examination has been completed, of its acceptance or rejection of the defects as ones that are covered by the guarantee herein provided. Upon the BUILDER's acceptance of the defects as justifying remedy under this Article, or upon award of the arbitration so determining, the BUILDER shall compensate the BUYER an amount equal to the reasonable cost of making the same repairs or replacements at the SHIPYARD. (c) In the event that it is necessary for the BUILDER to forward a replacement for a defective part under this guarantee, replacement parts shall be shipped to the BUYER under the C.I.F terms to the BUYER's nominated port. The BUILDER reserves the option to retrieve, at the BUILDER's cost, any of the replaced equipment/parts in case defects are remedied in accordance with the provisions in this Article. (d) Any dispute under this Article shall be referred to arbitration in accordance with the provisions of Article XIII hereof.