Common use of Claims due to defects Clause in Contracts

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.

Appears in 1 contract

Sources: Supplier Terms and Conditions

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-defect- free delivery transfer or acceptance, respectively, of the products and goods or services concerned. 11.2. Whenever it is asked to do so in writing by R&M, the supplier subcontractor shall rectify, at his own expense and throughout the period covered by the warranty, all defects attributable to the failure of delivered products and contractual 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 service 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 subcontractor 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 suppliersubcontractor’s expense. 11.3. The supplier subcontractor 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 suppliersubcontractor’s own subcontractors and suppliers during the ful- filment fulfilment of this contract. R&M ▇▇▇▇▇▇ hereby accepts this assignment in his favour. The supplier subcontractor must envisage, in his agree- ments agreements with its own subcontractors and suppliers, the assignment of his claims to R&M. The suppliersubcontractor's liability for defects remains unaffected by this assignment of claims.

Appears in 1 contract

Sources: Subcontractor Agreement

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 transfer or acceptance, respectively, of the products and goods or services concerned. 11.2. Whenever it is asked to do so in writing by R&M, the supplier subcontractor shall rectify, at his own expense and throughout the period covered by the warranty, all defects attributable to the failure of delivered products and contractual 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 service 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 subcontractor 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 suppliersubcontractor’s expense. 11.3. The supplier subcontractor 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 suppliersubcontractor’s own subcontractors and suppliers during the ful- filment fulfilment of this contract. R&M ▇▇▇▇▇▇ accepts this assignment in his favour. The supplier subcontractor must envisage, in his agree- ments agreements with its own subcontractors and suppliers, the assignment of his claims to R&M. The suppliersubcontractor's liability for defects remains unaffected by this assignment of claims.

Appears in 1 contract

Sources: Subcontractor Agreement