Claims for defects Sample Clauses

Claims for defects. (1) The Licensor warrants that the Software corresponds to the product description in the License Agreement. Technical data, specifications and performance data in public statements, particularly in adverts, are not quality specifications. (2) If the Software shows defects, the Licensee can request that the Licensor rectify the defect within a suitable period of time. If the defect does not affect or only in- significantly affects the functionality of the Software, the Licensor is entitled to rectify the defect, to the exclusion of other warranty rights, by providing a new program version or a further development of the Software as part of its general version planning. (3) As part of rectifying the defect, measures may be performed remotely by tele- phone, e-mail or via remote access at the Licensor’s request. The Licensee shall grant TRUMPF access to its system and the Software installed on it to provide the contractual services to rectify the error in the necessary scope. This includes the option of accessing the Software by remote maintenance (such as by VPN). The Licensee is obliged to establish the necessary technical requirements for re- ▇▇▇▇ access at TRUMPF’s request. (4) The Licensor can refuse to perform the improvement until the Licensee has paid the Licensor the agreed remuneration less an amount that equates to the eco- nomic value of the defect. The Licensor is also entitled to refuse the warranty if the Licensee has not given notice of the defects giving an understandable de- scription of the error symptoms in writing and, if possible, by submitting drawings, screenshots or other documents that illustrate the defects to be prepared in writ- ing immediately after the defect is identified and/or does not give TRUMPF re- ▇▇▇▇ access according to paragraph (3). (5) The Licensee shall submit to TRUMPF the name of a qualified employee as the main contact partner, who will adequately support TRUMPF when rectifying de- fects and make or immediately obtain all decisions relating to the provision of ser- vices by TRUMPF or acts of participation by the Licensee. (6) The Licensor shall ensure that the Software is free of third-party rights that would prevent the contractual use by the Licensee. (7) If there are defects of title, the Licensor is entitled to choose either itself or TRUMPF a) to perform suitable measures that remove the third-party rights or their as- sertion preventing the contractual use of the Software or b) to change or replace the Sof...

Claims for defects. 1. In the event Principal believes Contractor’s work is materially defective, the Principal shall grant the Contractor opportunity to supplementary performance, at least twice, within appropriate grace periods, unless this is unreasonable in each individual case or unless special circumstances justify the Principal's immediate withdrawal in consideration of mutual interests. The Contractor may rectify the defect at its own choice or provide the service once more without defect. Principal’s sole remedy is to receive corrective work from Contractor. 2. The Principal shall inform the Contractor immediately - no later than 14 days after receipt - in writing of any defects in Contractor’s work. If Principal fails to notify Contractor of any defects within 14 days of receipt, Principal waives all claims of defective work.

Claims for defects. The Supplier is liable for material defects and defects of title of the supplied goods to the exclusion of additional claims – subject to clause VII – as follows: Material defects 1.) All parts found to be defective due to circumstances occurring prior to the passing of risk must be repaired or replaced by parts free of defects. Such repairs and replacements are free of charge. The choice of carrying out repairs or of replacing defective parts is at the Supplier's discretion. The Supplier must be informed immediately in writing of any identified defects. Replaced parts become the property of the Supplier. 2.) After notifying the Supplier, the Buyer must allow the Supplier sufficient time and opportunity to perform all repairs or replacements considered necessary by the Supplier, otherwise the Supplier shall be released from his liability for any consequences ensuing. The Buyer may only rectify the defects himself or commission a third party to rectify the defects and demand that the Supplier shall reimburse the costs accruing in urgent cases where the operational safety is threatened or to prevent disproportionate damages; In such cases the Supplier must be notified immediately. 3.) With regard to the direct costs arising in connection with the repair or replacement - provided the complaint is legitimate - the Supplier will bear the costs of the replacement part including shipping costs. The Supplier will additionally also bear the costs of removal of the defective part and installation of the new part together with the cost of providing the necessary service technician and assistants including travelling expenses, as long as this does not constitute an unreasonable burden on the Supplier, and unless the costs do not increase because the purchased item has been brought to a location other than the place of performance. 4.) The Buyer has the right to withdraw from the contract in compliance with the legal regulations if the Supplier - after due consideration of the special statutory exemptions - allows a reasonable period of grace given to him for the rectification or replacement of the defective parts to expire fruitlessly. If the defect is merely a non-serious defect, the Buyer is only entitled to ▇▇▇▇▇ the contract price. The right to ▇▇▇▇▇ the contract price shall be excluded in all other cases. All further claims are determined in accordance with clause 7.2 of these terms and conditions. 5.) No warranty is given for the following cases: unsuitable or i...

Claims for defects. 1. The risk of accidental loss is transferred to the customer with notification of the operational readiness by IPRO. 2. The defect rights of the customer require that the delivered products be checked immediately after delivery, where reasonable also with test use, and IPRO be immediately informed of open defects in writing, no later than two weeks after delivery of the products. IPRO must be notified in writing of any hidden defects immediately after their discovery. The customer must describe the defect in writing in their notification to IPRO. The claims for defects of the customer also require that, in installation, commissioning, operation and maintenance of the products the instructions, notes, directives and conditions are upheld in the technical notes and operating instructions and other documents of the products. 3. In the event of defects of the products, IPRO is entitled to rectification by elimination of the defect or delivery of a defect-free product at its own discretion. In the event of rectification, IPRO is obligated to bear all costs required for the purpose of rectification, particularly transportation, road, working and material costs, provided that these are not increased by the products being moved to a site other than the delivery address. Personnel and material costs that the customer claims in this context are to be calculated on a cost price basis. Replaced parts become the property of IPRO and are to be returned to IPRO. 4. If IPRO is not ready or in a position for rectification, the customer can choose to withdraw from the contract or reduce the delivery price without affecting any claims for compensation for damage or use. The same applies if the rectification fails, is unreasonable to the customer or is delayed beyond appropriate deadlines for reasons that IPRO has given. 5. If programmes are used on computers that were not purchased by IPRO, the guarantee does not cover such errors that are a result of the missing compatibility to the hardware recommended by IPRO. 6. If in an attempted improvement it transpires that there is an operation or compatibility error, IPRO can demand remuneration according to its usual rates for the amount of work provided, including travel and incidental costs. 7. The liability for defects does not comprise the guarantee for use or its success. Otherwise, this provision conclusively provides for the responsibility for defects rights. 8. The limitation period for the claims for defects of the custo...

Claims for defects. The goods are in conformity with the contract if they do not deviate or deviate only insignificantly from the agreed specification at the time of the transfer of risk; conformity with the contract and freedom from defects of the Seller's goods are measured exclusively in accordance with the express agreements on the quality and quantity of the goods ordered. Liability for a specific purpose or specific suitability is only assumed insofar as this has been expressly agreed; otherwise, the risk of suitability and use is borne exclusively by the Buyer. The Seller is not liable for deterioration or destruction or improper handling of the goods after the transfer of risk. In its deliveries, the Seller shall comply with the applicable statutory regulations of the European Union and the Federal Republic of Germany, e.g., the REACH Regulation (Regulation EC No. 1907/2006), the Act on the Return and Environmentally Sound Disposal of Electrical and Electronic Equipment (ElektroG) as national implementation of Directive 2002/95/EC (RoHS) and Directive 2002/96/EC (WEEE) and the End-of-Life Vehicles Act as national implementation of EU Directive 2000/52/EC. The Seller shall inform the Partner without delay of any relevant changes to the goods, their deliverability, usability or quality, in particular, those caused by the REACH Regulation, and shall coordinate suitable measures with the Partner in individual cases. Contents of the agreed specification and any expressly agreed purpose of use do not constitute a guarantee; the assumption of a guarantee requires a written agreement. The Buyer has to examine received goods immediately after receipt. Claims for defects only exist if defects are reported immediately in writing; hidden material defects must be reported immediately after their discovery. After an agreed acceptance has been carried out, the notification of defects that can be detected during this acceptance is excluded. In the event of complaints, the Buyer shall immediately give the Seller the opportunity to inspect the rejected goods; upon request, the rejected goods or a sample thereof shall be made available to the Seller at the Seller's expense. In the event of unjustified complaints, the Seller reserves the right to charge the Buyer for freight and handling costs as well as for inspection expenses. In the case of goods that have been sold as declassified material - e.g., so-called II-a material - the Buyer is not entitled to any claims for defects with rega...

Claims for defects. 10.1. In case of defects in the service, the Customer shall be entitled to his statutory rights. quintly shall decide whether to remedy the defect by rectification or new delivery. 10.2. quintly’s strict liability for compensation of damages (section 536a German Civil Code) for defects that existed at the time of contract conclusion is excluded unless the matter concerns a quality assured by quintly (guarantee, section 276 Sec. 1 German Civil Code). 10.3. A prescription period of one year is agreed upon for claims for defects. This period does not apply to claims for compensation of damages due to the breach of claims for defects; in this regard, the provisions concerning liability are applicable. 10.4. If the Customer reports a defect and quintly’s intervention shows that there is none, the Customer shall refund quintly for the costs incurred. Such costs shall be calculated one the basis of the hourly rate agreed upon, or in the absence of an agreement, on the basis of reasonable hourly rates. This clause shall not apply if the non-existence of the defect was not recognizable to the Customer when applying the care and knowledge to be expected of him. 10.5. For features, services, software or other offers that are explicitly provided as a beta-version, any claims for defects are excluded, unless quintly can be accused of intentional misconduct. The essence of such beta-versions is that they are unfinished and may have defects. Such defects can lead to loss of data or functionality of quintly. The Customer shall therefore only use a beta version if the presence of such defects is not prejudicial to the Customer and cannot cause damages for which the Customer would like to hold quintly or third parties liable. 10.6. The Customer shall notify quintly without delay if quintly Services are affected by a defect. If because of the failure or delay of notification quintly was unable to remedy the situation, the Customer is not entitled • to reduce all or parts of the agreed remuneration for the corresponding period, • to demand compensation of the damage caused by the defect, • or to exceptionally terminate the contract without a notice period. The Customer must demonstrate that he was not responsible for failure of notification.

Claims for defects. If Vector is obliged to remedy a Defect or deliver a Product free of Defects, Vector may comply with this obligation by replacing a defective Product with a newer Version of the Product, provided that the newer Version has a functionality which is the same as or higher than the functionality agreed in the License Contract.

Claims for defects. 43.1 The contractor guarantees that the server software will meet the agreed-upon quality as per this contract, including the attachments, and in particular, the availability as promised in Attachment SLA (Service Level Agreement) will be maintained during the term of this contract. 43.2 Only the provisions of this section 43.2 shall apply in case of a shortfall in the promised availability. In the event of a shortfall in the promised availability, the client is entitled to reduce the compensation by the percentages specified in section 2 of Attachment SLA (Service Level Agreement). 43.3 The contractor shall be liable for defects in the services provided under the contract that do not affect the availability (“other defects”) in accordance with sections 43.4 to 43.8. 43.4 The contractor is obligated to rectify other defects within a reasonable period of time after receiving a defect notice. In general, only reproducible defects can be rectified. Warranty claims for defects in third-party software licensed by the contractor for use by the client are excluded, unless rectification can be provided through the procurement and installation of generally available upgrades, updates, and service packs, or through service calls. 43.5 If a defect is not successfully rectified within a reasonable period of time set by the client for reasons attributable to the contractor, the client may reduce the agreed-upon compensation by a reasonable amount. The right to reduce compensation is limited in amount to the monthly compensation attributable to the defective part of the service. 43.6 The client shall cooperate free of charge in rectifying other defects and shall, in particular, provide all necessary documents, data, etc. that the contractor requires for analysis and rectification of the defects. 43.7 The client is obligated to promptly report all defects in the software as well as any disruptions occurring during its use, as described in section 3 of Attachment SLA. If the failure of the client to cooperate in a timely manner makes it impossible for the contractor to fulfill its performance obligations, the contractor shall be released from its duty to perform. 43.8 The right to rescind the contract for ongoing use of the software due to defects is excluded. The right to terminate for cause shall remain unaffected by this provision.

Claims for defects. 1. Unless otherwise specified below, the Customer's rights in the case of defects in quality and title (including wrong and deficient delivery, improper installation or deficient installation instructions) shall be governed by the statutory regulations. In all cases, the special statutory regulations in the event of final delivery of the goods to a consumer remain unaffected (supplier recourse pursuant to Sections 478, 479 of the German Civil Code (BGB)). For quality deviations, a tolerance of +/- 15 percent is accepted. 2. The liability for defects shall be based especially on the agreement made concerning the properties of the goods (specification, quality, quantity). All product descriptions that constitute the subject matter of the individual contract shall be deemed to be an agreement concerning the properties of the goods; in this context, it does not matter whether the product description originates from the Customer, from the manufacturer of from LSV. 3. If the properties have not been agreed, it shall be determined on the basis of the statutory regulation whether or not a defect is on hand (Section 434 (1) sentences 2 and 3 of the German Civil Code (BGB)). However, LSV does not accept any liability for public statements of the manufacturer or of other third parties (e.g. advertising statements) that the Customer did not refer to as being relevant to his purchase decision. 4. In the case of goods sold as downgraded material (e.g. II a material), the Customer shall not have any claims for defects with regard to the specified faults and other faults he must typically expect. 5. Any guarantee or assurance of certain properties of the goods by LSV is subject to an express agreement between the Customer and LSV. 6. For the Customer to be able to assert claims for defects, he must have complied with his statutory inspection and reporting obligations (Sections 377, 381 of the German Commercial Code (HGB)). If a defect is discovered in the course of the inspection or later on, the Customer shall without delay report such to LSV in writing. Irrespective of this inspection and reporting obligation, the Customer shall report any obvious defects (including wrong or deficient delivery) in writing within one week of the delivery. To comply with this period, it is sufficient to despatch the report in due time. If the Customer fails to duly inspect the goods and/or report defects, LSV shall not be liable for the defect that has not been reported. 7. If the deliver...