Claims for defects and liability Sample Clauses

Claims for defects and liability. 9.1 The Purchaser is obliged to inspect the delivered goods promptly after receipt, if applicable by means of quick-tests; and to notify Siegwerk about obvious defects immediately after receipt or latent defects immediately after their discovery. Any complaints, particularly notices of defects, have to be notified to Siegwerk in writing. Where the Purchaser does not submit his claim and notices of defects in time or not in proper written form (unduly), the delivery and performance made by Siegwerk shall be deemed defect-free. If the Purchaser accepts the goods or performance in cognizance of a defect, then he is entitled to its warranty rights if he has expressly reserved these rights in writing. 9.2 As far as the delivered goods or performance have a defect, Siegwerk is entitled, at its sole discretion, to replace or repair the goods. The Purchaser has to give Siegwerk the opportunity to do so within a reasonable period of time. If the replacement or repair fails, the Purchaser is entitled to rescind from the contract or reduce the purchase price. If the value or the usability of the goods or performance is only insubstantially reduced, the Purchaser has only the right for reduction of the purchase price. 9.3 Furthermore, the Purchaser is entitled to claim damages and reimbursement of expenses necessary for the purpose of repair and/or replacement pursuant to statutory requirements. In addition, the provisions in sections 9.6 and 9.7 apply to claims for damages and reimbursement of expenses. 9.4 The Purchaser is entitled to statutory rights of recourse against Siegwerk. If the Purchaser has made any agreements exceeding the statutory warranty claims with his customers, the Purchaser’s right of recourse against Siegwerk does not expand to such extension. This applies to claims for reimbursement of expenses accordingly. 9.5 Siegwerk shall be liable for an intended use or purpose of the goods usage only where explicitly agreed between the Parties. The risk of use and application lies with the Purchaser. 9.6 Any claims for damages or reimbursement of expenses that the Purchaser might have against Siegwerk, its legal representatives, employees and agents (together “agents”), irrespective of their legal basis, are only valid in so far as Siegwerk or its agents have acted wilfully. In any case Siegwerk’s liability is limited to direct damages and amounts to a maximum of 1 million RUB. 9.7 The Purchaser’s rights to claim rectification of a defect, damages or reim...
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Claims for defects and liability. 7.1. The warranty covers the proper execution of maintenance, repair and replacement work in accordance with the state of the art and in accordance with the technical descriptions for partial or complete painting of aircraft or for refurbishment of the aircraft cabin. 7.2. In the event of a defect, ADN shall be entitled, at its discretion, to remedy the defect up to twice or to produce a new work or deliver a defect-free item. The principal shall only be entitled to reduce the price or withdraw from the contract if subsequent performance has finally failed. 7.3. Recognizable defects must be reported in writing within two weeks of acceptance of the object of the order. If the complaint is not made in due time, the claim shall lapse. This period shall apply to other defects from the time they become recognizable. 7.4. The limitation period for claims for defects is 1 year for all deliveries and services, irrespective of the number of operating hours, and begins with the acceptance of the subject matter of the order. 7.5. No warranty shall be provided for externally procured replacement items or commissioned third-party services on the subject matter of the order. If legally possible, claims for defects against upstream suppliers shall be assigned to the principal for this purpose. 7.6. Claims for defects shall not exist for defects caused by the fact that the principal itself or third parties have carried out interventions or modifications to the subject matter of the order. 7.7. If ADN, in agreement with the Principal, settles its claims for defects with the suppliers, ADN may demand reimbursement of the costs incurred from the Principal. 7.8. ADN shall only be liable for damages resulting from a breach of duty by ADN or its legal representatives or vicarious agents if the damages are based on an intentional or grossly negligent breach of duty - also by a legal representative or vicarious agent. This limitation of liability does not apply in the event of injury to life, limb or health or in the event of a material contractual obligation. In the event of a breach of material contractual obligations by ADN and/or its vicarious agents, liability for property damage shall be limited to the amount of typical foreseeable damage. Liability for loss of profit, saved expenses and other indirect damage / consequential damage is excluded. 7.9. ADN shall not be liable for any damages or other direct or indirect financial losses arising from the fact that the provision ...
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Claims for defects and liability. 8.1. Legal provisions. Fraunhofer provides the Technology Marketplace free of charge. Provision of the Technology Marketplace is subject to the provisions on gratuitous loans, i.e., in particular, liability for defects on the part of Fraunhofer is limited to fraudulent concealment according to section 600 Ger- man Civil Code, liability according to section 599 German Civil Code is limited to intent and gross neg- ligence, and the six-month limitation period according to section 606 German Civil Code applies.
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Claims for defects and liability. The claim for defects of the employer is restricted to an improvement. Only after two unsuccessful attempts of the contractor for improvement does the employer have the right to demand a reduction of compensation or to cancel the contract. The contractor shall also not be responsible, if the employer, his agent or representative, in particular, the bearer/deliverer refrains from a visual inspection of the flushed object in the dry state before a new loading/filling and if he refrains otherwise from making a complaint. The liability for microscopic small residues is ruled out in each case, because a time- consuming and costly chemical analysis after ending the flushing process is not included in the flushing price and cannot be done by the contractor for technical reasons. The employer refrains from such an analysis. Further, the liability of ▇▇▇▇ ▇▇▇▇▇▇▇ SE is also ruled out for such damages, which have taken place despite a proper cleaning owing to residues that have remained in the non- visible parts of the object to be flushed - in particular, of boilers, outlets, hoses, fitting, pumps and the area of tank outlet nozzles (see Clause 1 of last Para). The liability - for whatever reason - is restricted to intention or gross negligence.
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Claims for defects and liability 
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Related to Claims for defects and liability

  • Claims for Additional Time § 14.1.6.1 If the Design-Builder intends to make a Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Design-Builder’s Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay, only one Claim is necessary. § 14.1.6.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated, and had an adverse effect on the scheduled construction.

  • Risk and Liability 16.1 When receiving the Products at the Take Over Point, the Contractor shall ensure that any and all damage or discrepancies observed are noted and notify ArcelorMittal immediately, but not later than within 6 (six) hours of the Contractor becoming aware of any such damages or discrepancies. The Contractor undertakes not to handle any damaged Products until ArcelorMittal has inspected such damaged Products. ArcelorMittal shall carry out such inspection when it deems it to be necessary. 16.2 The Contractor shall be liable for loss or damage to the Products, whilst the Products are in custody and control of the Contractor. The Products will be considered to be in the Contractor’s custody and under its control from the time of receipt at the Take Over Point until delivered to the Destination. 16.3 Notwithstanding any instruction that maybe given by ArcelorMittal, the Contractor shall be liable for any loss or damage to the Products resulting from defects or damage or other factors caused by handling methods or equipment of the Contractor or Contractor Employees. 16.4 The Contractor shall be responsible for any delays or damages whatsoever incurred due to the inability of the Contractor or Contractor Employees to perform in terms of this Agreement. 16.5 ArcelorMittal shall not be liable for, or in respect of, or in consequence of, any accident or damage caused to any property belonging to the Contractor or Contractor Employees and the Contractor indemnifies ArcelorMittal against all such damages and compensation against all claims, demands, proceedings, costs, charges and expenses, whatsoever, in respect thereof or in relation thereto. The Contractor is obliged to inform the Contractor Employees of the foregoing as any such claim shall be referred to the Contractor in terms of this clause. 16.6 ArcelorMittal reserves the right to subject all vehicles and personnel of the Contractor or Contractor Employees to a security check whilst entering or leaving the property of ArcelorMittal which security check may, with due observance of all statutory provisions, include a vehicle search, body search, and breathalyser test of any employee of the Contractor or Contractor Employees.