Defective delivery Sample Clauses
The 'Defective delivery' clause defines the rights and obligations of the parties when goods or services delivered under a contract do not meet the agreed specifications or quality standards. Typically, this clause outlines the procedures for notifying the supplier of defects, the timeframe for making such claims, and the remedies available, such as repair, replacement, or refund. Its core practical function is to protect the buyer by ensuring that any deficiencies in delivery are addressed promptly and fairly, thereby allocating risk and encouraging compliance with contractual requirements.
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Defective delivery. 11.1 Unless provided otherwise below, our rights in case of defects of quality and defects of title of the Goods (including wrong delivery and short delivery as well as improper assembly, defective assembly, operating or working instructions) and in case of other breaches of an obligation by the Supplier, shall be governed by the statutory regulations. Excess deliveries will be accepted by us only in case of a price reduction which, expressed as percentage, corresponds to the excess delivery and only if released by us in writing. Short deliveries will be accepted by us only if this is permitted under our customer contract and only upon express written release by us.
11.2 Under the statutory regulations the Supplier warrants, above all, that the Goods have the agreed quality upon passing of the risk to us. In any event, such product descriptions shall be deemed to be agreed in terms of quality which –particularly through indication or reference in our order – form part of the concerned contract or have been incorporated in the contract in the same way as these Terms. It is irrelevant weather the product description comes from us, from the Supplier or from the manufacturer.
11.3 As regards the commercial duties of inspection and notification, the statutory regulations apply, provided that our inspections duty shall be limited to such defects that are revealed in the context of our incoming goods inspection in an external check, also of the delivery documents, and in our quality control by way of sampling procedure (e.g. damage in transit, wrong or short delivery, excess delivery, wrong packaging). If acceptance is agreed, no inspection duty applies.
11.4 Our notification duty for defects detected subsequently remains unaffected. In all cases, our notification (notice of defect) will be considered to be given immediately and in good time if delivered by us in writing to the Supplier within 10 working day after detection of the defect.
11.5 By taking proper actions, the Supplier warrants the unqualified marketability of the Goods, above all the absence of any hazardous or harmful substances.
11.6 Any costs incurred by the Supplier for the purpose of examining and removing notified defects shall be borne by the Supplier even if it turns out that actually no defect existed. Our liability for damages in case of unjustified demands for defect removal remains unaffected; we shall be liable, however, only if we have recognised, or, due to gross negligence, have fail...
Defective delivery. If in Tetra Tech International Development’s reasonable opinion the Service Provider has failed to comply with this Agreement in supplying the Goods, Tetra Tech International Development may give written notice to the Service Provider, and the Service Provider must, within 14 calendar days of Tetra Tech International Development’s notice, either rectify the non-compliance or, where the non- compliance cannot be rectified, re-supply the Goods.
Defective delivery. If in the ▇▇▇▇▇▇’▇ reasonable opinion, the Service Provider has failed to comply with this Agreement in the supply of the Goods, ▇▇▇▇▇▇ may give written notice to the Service Provider, and the Service Provider must, within 14 calendar days of ▇▇▇▇▇▇’▇ notice, rectify the non-compliance and if reasonably required, must re-supply the complying Goods.
Defective delivery. (1) Unless stipulated otherwise below, statutory provisions are applica- ble to our rights for material and legal defects in the Goods (including incorrect or incomplete delivery, as well as improper assembly and de- fective instructions regarding assembly, operation, or use) and to other breaches of duty by the Seller.
(2) The Seller is liable under statutory provisions, in particular, for the Goods having the agreed nature and quality upon transfer of risk to us. In particular, such product descriptions as form part of the respective contract – in particular, through their being designated or referred to in our order – or are included in the contract in the same manner as these General Terms and Conditions of Purchase are considered to constitute agreement as to nature and quality. In this regard, it makes no difference whether the product description originated from us, the Seller, or the manufacturer
(3) We will not, on conclusion of the contract, be obligated to inspect the Goods or to make specific enquiries about possible defects. Our claim for defects will therefore, in partial deviation from § 442 Para. 1 Cl. 2 BGB, be unlimited even should we on conclusion of the contract be unaware of a defect, due to gross negligence.
(4) The statutory provisions of §§ 377, 381 HGB [German Commercial Code] shall apply in terms of the commercial duty of inspection and no- tification of defects, with the following proviso: Our duty of inspection shall be limited to defects that are clearly apparent under external exa- mination, including the delivery documentation, by our incoming goods inspection and that random sampling by our quality control (e.g. trans- port damage, wrong and shortfall in delivery) clearly exposes. No duty of inspection exists where acceptance has been agreed. The feasibility of an inspection in the normal course of business, also taking into account individual circumstances, will for the rest also be a factor. Our obligation to give notice of subsequently discovered defects shall remain unaffec- ▇▇▇. Our complaint (notification of defects) shall in all events be deemed prompt and timely if sent within 12 working days after discovery of a defect or, for obvious defects, after delivery.
(5) Our warranty claims shall not be waived by acceptance or approval of submitted samples or specimens.
(6) Subsequent performance shall also include removal and reinstalla- tion of defective Goods, provided that such Goods were installed in or attached to ano...
Defective delivery. The target quality corresponds to the agreed specifications and / or the approved first sample. If and in so far as any specifications are incomplete or missing, the target quality shall be the characteristics of those goods which were delivered as the last goods not rejected. In the event of a notice of defect, Client shall prepare and submit to Contractor a correspond- ing report including a sample of the defective item, unless submission of such sample is not feasible. Contractor shall take immediate action to remedy the situation and inform the Client’s quality management department accordingly in text form within 24 hours. If and in so far as Client indicates that the issue is particularly urgent, Contractor shall answer preliminary inquiries, e.g. concerning the sorting of the products, in text form within 6 hours, taking into account normal business hours. Contractor shall process the notice of defect in the form of a 4-D or 8-D report. Contractor shall submit such report to Client in text form within 5 working days after receipt of the notice of defect. If Contractor fails to meet one or more of the aforementioned deadlines, Client shall be enti- tled to take any necessary measure at the Contractor’s expense, unless Contractor is not at fault. Any products assessed as defective by Contractor shall be marked accordingly and stored separately. Without prejudice to any further claims for damages or any other claims for compensation, Client is entitled to charge Contractor an administration fee of 200.00 EUR plus VAT, if appli- cable. In the event of repeated notices of defect, in particular in case of identical defect patterns, Client is entitled to require from Contractor to undergo requalification via product or process audit, and the submission of a process capability study (Cpk7 values).
Defective delivery. The target quality corresponds to the agreed specifications and / or the approved first sample. If and in so far as any specifications are incomplete or missing, the target quality shall be the charac- teristics of those goods which were delivered as the last goods not rejected. In the event of a notice of defect, Client shall prepare and submit to Contractor a corresponding report including a sample of the defective item, unless submission of such sample is not feasible. Contractor shall take immediate action to remedy the situation and inform the Client’s quality management department accordingly in text form within 24 hours. If and in so far as Client indi- ▇▇▇▇▇ that the issue is particularly urgent, Contractor shall answer preliminary inquiries, e.g. con- cerning the sorting of the products, in text form within 6 hours, taking into account normal busi- ness hours. Contractor shall process the notice of defect in the form of a 4-D or 8-D report. Contractor shall submit such report to Client in text form within 5 working days after receipt of the notice of defect. If Contractor fails to meet one or more of the aforementioned deadlines, Client shall be entitled to take any necessary measure at the Contractor’s expense, unless Contractor is not at fault. Any products assessed as defective by Contractor shall be marked accordingly and stored separate- ly. Without prejudice to any further claims for damages or any other claims for compensation, Client is entitled to charge Contractor an administration fee of 200.00 EUR plus VAT, if applicable. In the event of repeated notices of defect, in particular in case of identical defect patterns, Client is entitled to require from Contractor to undergo requalification via product or process audit, and the submission of a process capability study (cpk values).
Defective delivery. 7.1 The statutory prescriptions shall be applicable to the rights of Loacker in case of material defects and defects of title in the goods and in case of other breach of duty, unless otherwise provided in the following.
7.2 Under the legal provisions the contractual partner shall be held liable in particular that the material conforms to the agreed quality at the time of transfer of risk. At any rate, the descriptions that are the object of the respective contract or that have been included in the same way as the present GTC into the contract, - particularly through the designation or reference in the order of Loacker – are considered as the agreement on the quality of the material. There is no difference whether the description originates from Loacker or from the contractual partner.
Defective delivery. 12.1. Incoming deliveries arriving at SYMANZIK will only be checked with regard to identity and quantity, as well as for externally identifiable damage in transit. Any deviations in this respect shall be promptly reported by ▇▇▇▇▇▇▇▇. Also, in the course of the receiving inspection, the delivered products will be checked for their quality, taking into account the quality status of previous deliveries, regularly or at irregular intervals.
12.2. If SYMANZIK submits a complaint due to deviations, the supplier shall have to immediately initiate corrective measures which permanently and sustainably guarantee the exclusion of defects. As a rule, the supplier shall issue an initial written statement in the form of a 3D report within a maximum of 24 hours, specifying the immediate measures and taking into account the materials and services already delivered by it. Within five business days, ▇▇▇▇▇▇▇▇ will expect a 5D report and within 10 business days a completed 8D report with a full written investigation of the cause of the defect (e.g. by way of an Ishikawa diagram or 5W analysis) and the introduction of appropriate corrective measures.
Defective delivery. 12.1 The statutory provisions shall apply to our rights in the event of material defects and defects of title regarding the goods (including incorrect and short delivery as well as improper assembly, defective assembly, user or operating instructions) and in the event of other breaches of duty by the Supplier, unless otherwise stipulated below.
12.2 In accordance with the statutory provisions, the Supplier is liable in particular for ensuring that the goods have the agreed quality at such time as the risk transfers to us. In any case, those product descriptions which – in particular by means of designation or reference in our order – are the subject of the respective contract or have been included in the contract in the same way as these Terms and Conditions shall be deemed to be an agreement on quality. It makes no difference in this case whether the product description comes from us, from the Supplier, or from the manufacturer.
12.3 We are not obliged to examine the goods or undertake special investigations for any defects upon conclusion of contract. In partial deviation from § 442 par. (1) sen.
Defective delivery a) The statutory provisions shall apply to Visolva‘s rights in case of material defects and defects of title of the goods and in case of other breaches of duty by Supplier, unless otherwise provided below.
b) In accordance with the statutory provisions, Supplier shall be liable in particular for ensuring that the goods have the agreed quality at the time of the transfer of risk to Visolva. In any case, those product descriptions which - in particular by designation or reference in Visolva‘s order - are the subject matter of the respective contract shall be deemed to be an agreement on the quality. It makes no difference whether the product description originates from Visolva or from Supplier.
c) In deviation from legal regulations, Visolva shall also be entitled without restriction to claims for defects if the defect remained unknown at the time of the conclusion of the contract as a result of gross negligence.
d) The statutory provisions shall apply to the commercial duty to inspect and give notice of defects with the following proviso: Visolva‘s duty to inspect shall be limited to defects which are openly recognizable during the incoming goods inspection by Visolva under external examination including the delivery documents as well as during the quality control by Visolva in the random sampling procedure