Common use of Claims for defects Clause in Contracts

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 regard to the stated defects and those that it must normally expect. In the event of a material defect, the Seller shall, at its discretion - taking into account the interests of the Buyer - provide subsequent performance either by replacement delivery or by rectification of the defect. If the subsequent performance by the Seller is not successfully carried out within a reasonable period of time, the Buyer may set the Seller a reasonable deadline for subsequent performance, after the fruitless expiry of which the Buyer may either reduce the purchase price or withdraw from the contract; no further claims exist. § 11 (Liability) remains unaffected. In the event of a defect of title, the Seller is entitled to subsequent performance by remedying the defect of title within two weeks of receipt of the goods. In all other respects, Clause 6, Sentence 2 apply accordingly. The limitation period in the case of defective delivery ends - except in the case of intent or gross negligence - after the expiry of one year after delivery. This is without prejudice to the statutory limitation periods for goods which have been used in accordance with their customary use for a building and have caused its defectiveness; rework or replacement does not restart the limitation period. The reduction of the limitation period to one year does not apply to claims against the Seller based on mandatory statutory provisions on the recourse of intermediaries in the supply chain (§§ 478 BGB). The Seller's liability for damages arising from injury to life, limb or health caused by a defect for which the Seller is responsible is not affected by the shortening of the limitation period in this clause. The Buyer's right of recourse against the Seller in accordance with § 478 BGB is limited to the statutory scope of the third-party claims for defects asserted against the Buyer and requires that the Buyer has complied with its obligation to notify the Seller of defects in accordance with § 377 HGB (German Commercial Code). A withdrawal of tools, devices, machines, equipment, etc., which are the property of the Seller, requires a mutual written agreement. In the absence of such an agreement, the deduction of such items is not permitted even if they are used exclusively for the manufacture of a customer-specific product. A deduction from tools, devices, machines, equipment or the like in the possession of the Seller, which are the property of the Buyer or a third party is, only be permissible on the basis of intent or gross negligence attributable to the Seller. The prerequisite for this is that the Seller is proven to be at fault and is notified in writing at an early stage that the consequences are significant and that the Seller is given a reasonable period of time to remedy the causes. If the tools, devices, machines, equipment or the like are withdrawn, the semi-finished and finished products manufactured with them is also accepted; for finished products, the agreed sales price is paid, for semi-finished products, the price corresponding to the value added already provided is paid. In addition, input materials and purchased parts are to be accepted at the respective purchase prices plus an appropriate processing lump sum insofar as they serve the manufacture of the corresponding products.

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 (ElektroG1) 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 complaintsthat any services performed or goods delivered by Seller are defective, the Buyer Seller – at its sole discretion – 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 have the right to charge the Buyer for freight and handling costs as well as for inspection expenses. In the case of either supply replacement 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 regard to the stated defects and those that it must normally expect. In the event of a material defect, the Seller shall, at its discretion - taking into account the interests of the Buyer - provide subsequent performance either by replacement delivery or by rectification of repair the defect. If the subsequent performance by the Seller is not successfully carried out Multiple corrections – typically two – shall be permissible within a reasonable period of time. (2) ▇▇▇▇▇’s right to assert claims due to defect shall be subject to a statute of limitations commencing – on a case by case basis – at the time of the passing of risk and expiring after twelve (12) months, unless a longer period is compulsory by law. (3) Buyer shall only be able to assert claims for obvious defects of factory products or services after acceptance provided that Buyer communicates such defects to Seller without delay, but no later than within two weeks following delivery. Furthermore, the Buyer may set the Seller a reasonable deadline for subsequent performanceprovisions of Section 640, after the fruitless expiry of which the Buyer may either reduce the purchase price or withdraw from the contract; no further claims exist. § 11 (Liability) remains unaffectedParagraph 2, BGB, shall apply. In any other cases – e.g. in the event of a defect of title, the Seller is entitled to subsequent performance by remedying the defect of title within two weeks of receipt of the goods. In all other respects, Clause 6, Sentence 2 apply accordingly. The limitation period in the case of defective delivery ends - except in the case of intent or gross negligence - after the expiry of one year after delivery. This is without prejudice to the statutory limitation periods for goods which have been used in accordance with their customary use for a building and have caused its defectiveness; rework or replacement does not restart the limitation period. The reduction of the limitation period to one year does not apply to claims against the Seller based on mandatory statutory provisions on the recourse of intermediaries in the supply chain (§§ 478 BGB). The Seller's liability for damages arising from injury to life, limb or health caused by a defect for which the Seller is responsible is not affected by the shortening of the limitation period in this clause. The Buyer's right of recourse against the hidden defects – Buyer shall inform Seller in accordance with § 478 BGB is limited writing without delay after their detection to the statutory scope of the third-party preserve Buyer’s right to assert claims for defects asserted against the Buyer and requires that the Buyer has complied with its obligation (Notification Obligation according to notify the Seller of defects in accordance with § 377 Section 377, HGB (– German Commercial Code). A withdrawal Buyer shall retain the defective items in the condition existing at the time of toolsdetecting the defects and make them available for Seller’s inspection. (4) Immaterial, devices, machines, equipment, etc., reasonable deviations from dimensions and workmanship – particularly in the case of re-orders – shall not entitle Buyer to raise complaints unless the parties have agreed on absolute conformance. Technical improvements as well as any technical changes which may be required shall also be deemed to conform to the contract to the extent that they are the property reasonable and do not constitute any impairment of the Seller, requires a mutual written agreement. product’s fitness for use. (5) In the absence event that Buyer fails to comply with Seller’s operating, usage or maintenance instructions, performs alterations to the product, exchanges parts or uses consumables which do not correspond to the original specifications, Buyer shall not be entitled to any warranty if Buyer is unable to disprove Seller’s substantiated claim that only one of such an agreementthe afore-stated circumstances, acts or omissions has caused the deduction defect. (6) Seller shall not be held liable for normal wear. (7) The above provisions of this paragraph shall not apply to the sale of second-hand items. The delivery of such items is not permitted even if they are used exclusively subject to the exclusion of any claims for defects. (8) In the manufacture of a customer-specific product. A deduction from tools, devices, machines, equipment or the like in the possession of the event that Seller, which are above and beyond its legal and contractual obligations, should agree to provide any information concerning the property utilization of the Buyer or a third party isits product, Seller shall only be permissible liable under the provisions of this § 7 if the parties have agreed on the basis of intent or gross negligence attributable to the Seller. The prerequisite a special remuneration for this is that the Seller is proven to be at fault and is notified in writing at an early stage that the consequences are significant and that the Seller is given a reasonable period of time to remedy the causes. If the tools, devices, machines, equipment or the like are withdrawn, the semi-finished and finished products manufactured with them is also accepted; for finished products, the agreed sales price is paid, for semi-finished products, the price corresponding to the value added already provided is paid. In addition, input materials and purchased parts are to be accepted at the respective purchase prices plus an appropriate processing lump sum insofar as they serve the manufacture of the corresponding productssuch information.

Claims for defects. 1. The goods Supplier guarantees that the newly produced products are free from defects in conformity with the contract if they do not deviate or deviate only insignificantly from the agreed specification material and workmanship at the time of the transfer of risk; conformity risks and furthermore exhibit the condition agreed upon in order confirmation. 2. The Buyer shall only have the right to claim for defects where he has properly fulfilled his inspection and notification obligations pursuant to Art. 377 German Commercial Code (HGB). 3. The period of limitation for any claims and rights due to defects is 12 months. This period starts with the contract notification of readiness for delivery. 4. Any exclusion of deviations customary in the industry shall require an explicit written agreement. The same applies to guarantees. Information provided by the Supplier in catalogues, brochures and freedom price lists concerning the products and services to be supplied shall only represent descriptions, designations or approximate values, unless different information is provided in the order confirmation. Products which display minor or insignificant differences when compared with information provided in catalogues or previously supplied goods shall not be considered to be defective. 5. The Buyer shall have sole responsibility for determining whether the goods that he has ordered from defects the Supplier are suitable for his intended purpose. Unsuitable products shall only be deemed to be defective if the Supplier has confirmed in writing to the Buyer that they are suitable for the intended purpose. 6. The wear and tear of working parts within the Seller's goods scope of usual use shall not constitute defect. 7. If the Supplier’s assembly, installation, distribution or maintenance instructions are measured exclusively in accordance with the express agreements not complied with, modifications are carried out on the quality and quantity of the goods ordered. Liability for a specific purpose products or specific suitability is only assumed insofar as this has been expressly agreed; otherwisecomponents are exchanged or consumables used, the risk of suitability and use is borne exclusively by the Buyer. The Seller is which do 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 original specifications, deficiency claims shall only exist if the European Union and Buyer can prove that 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 defect was not caused by this, but already existed at the REACH Regulation, and shall coordinate suitable measures with time of passing 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 agreementrisk. 8. The Buyer has to examine received goods immediately after receiptgive the Supplier the necessary time and opportunity to carry out all repairs and replacement deliveries which seem to be essential according to equitable discretion, regarding the agreement with the Supplier; otherwise the Supplier is exempt from the liability from defects. Claims for Only in urgent cases that endanger the operational safety, of which the Supplier needs to be informed immediately, or when the Supplier is in delay with rectifying the 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, does 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 have the right to charge rectify the Buyer defect himself or have a third party do the repair and to demand appropriate repayment for freight and handling his costs from the Supplier. 9. The Supplier carries the direct costs incurred by the repair or replacement delivery insofar as well the complaint has proven to be justified. 10. The warranty for replaced goods is the same as for inspection expensesthe delivery items. In The termination for the case of goods that have been sold as declassified material - e.g., so-called II-a material - defect liability for the Buyer delivery item is not entitled to any claims for defects with regard extended by the duration caused by the operational interruption due to the stated defects and those that it must normally expect. In the event of a material defect, the Seller shall, at its discretion - taking into account the interests of the Buyer - provide subsequent performance either by replacement delivery or by rectification of the defect. If the subsequent performance by the Seller is not successfully carried out within a reasonable period of time, the Buyer may set the Seller a reasonable deadline for subsequent performance, after the fruitless expiry of which the Buyer may either reduce the purchase price or withdraw from the contract; no further claims exist. § 11 (Liability) remains unaffected. In the event of a defect of title, the Seller is entitled to subsequent performance by remedying the defect of title within two weeks of receipt of the goods. In all other respects, Clause 6, Sentence 2 apply accordinglyrectification. 11. The limitation period in the case of defective delivery ends - except in the case of intent or gross negligence - after the expiry of one year after delivery. This is without prejudice Supplier may refuse to the statutory limitation periods for goods which have been used in accordance with their customary use for a building and have caused its defectiveness; rework or replacement does not restart the limitation period. The reduction of the limitation period to one year does not apply to claims against the Seller based on mandatory statutory provisions on the recourse of intermediaries in the supply chain (§§ 478 BGB). The Seller's liability for damages arising from injury to life, limb or health caused by a defect for which the Seller is responsible is not affected by the shortening of the limitation period in this clause. The Buyer's right of recourse against the Seller in accordance with § 478 BGB is limited to the statutory scope of the third-party claims for remedy defects asserted against the Buyer and requires that if the Buyer has complied with its obligation to notify the Seller of defects in accordance with § 377 HGB (German Commercial Code)not fulfilled his obligations. 12. A withdrawal of tools, devices, machines, equipment, etc., which are the property of the Seller, requires a mutual written agreement. In the absence of such an agreement, the deduction of such items is not permitted even if they are used exclusively Any and all liability for the manufacture of a customer-specific product. A deduction from tools, devices, machines, equipment or the like in the possession of the Seller, which are the property of repair work performed by the Buyer or third parties without consent by the Supplier is excluded. 13. Further claims by the Buyer, in particular a third party is, only be permissible on the basis of intent or gross negligence attributable to the Seller. The prerequisite claim for this is replacement for damages that the Seller is proven to be at fault and is notified in writing at an early stage that the consequences are significant and that the Seller is given a reasonable period of time to remedy the causes. If the tools, devices, machines, equipment or the like are withdrawn, the semi-finished and finished products manufactured with them is also accepted; for finished products, the agreed sales price is paid, for semi-finished products, the price corresponding to the value added already provided is paid. In addition, input materials and purchased parts are to be accepted have not occurred at the respective purchase prices plus an appropriate processing lump sum insofar as they serve the manufacture of the corresponding productsdelivery item itself, are excluded.