Liability for Defects; Warranty Sample Clauses

Liability for Defects; Warranty. Supplier shall remedy any defect in Products delivered, resulting from faulty design, specification, materials or workmanship attributable to Supplier in accordance with the provisions of this section 6. Supplier’s liability is lim- ited to defects which appear within 12 months from the date when the Products were delivered (the “Warranty Period”). Notwithstanding the foregoing, (i) the Warranty Period for all Supplier components (as opposed to third-party materials) contained in Custom Products that are sub- ject to a SAT shall commence upon the date of success- ful completion of the SAT; and (ii) the Warranty Period for all refurbished Custom Products is 90 days from the date of shipment. Where each purchase of Custom Product under these Terms and Conditions constitutes separate and independent transactions, Buyer’s claims under this section shall be applied only to each particu- lar relevant Purchase Order. Supplier is only liable for defects that appear under the intended and proper use of the Products. Proper use includes that the Product is only used with the Sup- plier’s consumables or parts. Thus, the liability does not cover defects caused by faulty maintenance, handling or incorrect storage by the Buyer, alterations of the Products carried out without Supplier’s prior written con- sent, or normal wear and tear and deterioration. Lamps, fuses, bulbs, and other expendable items are expressly excluded from the warranty under this section. Any in- stallation, maintenance, repair, service, relocation or al- teration to or of, or other tampering with, the Products performed by any person or entity other than Supplier without Supplier’s prior written approval, or any use of replacement parts not supplied by Supplier, shall imme- diately void and cancel all warranties with respect to the affected Products. In order to enable the Buyer to use the Product, the Buyer may insert a USB to upload a .STL-file or other file or download software from the Supplier’s webpage for the Products. Supplier shall not be liable for any damage or loss caused by the Products on any other software contained on the USB. Supplier shall neither be liable to remedy any defects to the Products caused by faulty or corrupt software provided by the Buyer. The Buyer shall notify Supplier in writing of a defect without undue delay after the defect has appeared, and in no case later than two (2) weeks after the expiry of the liability periods as set out above. The notice shall contain ...
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Liability for Defects; Warranty. The Supplier warrants that the Products comply in every respect with the requirements of the Purchase Agreement, are of good quality and free from any defect in design, materials or workmanship. Any defect appearing within twenty— four (24) months from the date of delivery of the Products ("Warranty Period"), shall be repaired, replaced or reimbursed by the Supplier without delay and without any additional cost to the Purchaser or the end user. With respect to repaired or replaced Products, the warranty period is twelve (12) months from the date of such repair or replacement unless the remaining original Warranty Period is longer and shall thus be applied. Should the Supplier refuse, or fail, to fulfil his warranty obligation to the Purchaser's satisfaction, within a reasonable period of time, the Purchaser shall be entitled to have repair or replacement carried out at the Supplier's expense. The same right shall accrue to the Purchaser, if in case of urgency the Purchaser acting reasonably finds it inappropriate to wait for the Supplier to carry out the work. The warranty obligation ofthe Supplier shall not extend to defects proved to having been directly caused by wrong or negligent operation, lack of maintenance or normal wear and tear.
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Liability for Defects; Warranty. 8.1. The Company provides a warranty for the error-free functioning of the Web Application; the Company is responsible only for the functioning of the current versions of the Web Application and not for defects in earlier versions for the duration of the Licensing Agreement, provided that there was no breach of the obligations by the Customer.
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Liability for Defects; Warranty. The Supplier warrants that the Products or Service deliverable comply in every respect with the requirements of the Purchase Agreement and that they are free from any defect in design, materials or workmanship. Any defect appearing within twelve (12) months from the date of delivery of the Products or Service deliverable ("Warranty Period"), shall be corrected by the Supplier without delay and without any additional cost to Tamro or the end user. Should the Supplier refuse, or fail, to fulfill his warranty obligation to Tamro’s satisfaction, within a reasonable period of time, Tamro shall be entitled to have repair or replacement carried out at the Supplier's expense. The same right shall accrue to Tamro, if in case of urgency Tamro finds it inappropriate to wait for the Supplier to carry out the work.
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Liability for Defects; Warranty. If the purchase object is defective, the statutory defect liability provisions apply. In derogation from these provisions, the following applies: A minor defect does not constitute any claims for defects and does not entitle the Customer to refuse goods acceptance. Should a portion of the goods be defective and the defect is not insignificant, this does not entitle the Customer to object to the whole delivery. The above provision does not apply, if partial delivery is of no interest to the Customer. Furthermore, the Customer may only withhold payments in so far as they are in a reasonable relation to the identified defect. Claims for defects do not arise in the case of natural wear and tear or damages that are created after the passing of the risk as a consequence of faulty and negligent treatment, excessive use, improper equipment and supplies or due to specific external impacts, which under the agreement are not included, as well as in the case of malfunctions that cannot be reproduced. If the Customer or third parties make improper changes or perform improper maintenance works, claims for defects do also not exist for such changes or works and any consequences resul- ting therefrom, unless the Customer can furnish proof that the complaint about malfunction was not caused by such change or the maintenance works. New goods come with a limitation period for claims for defects of one year from the passing of the risk. Rights and claims for defects are excluded for used goods. The limitations of liability and shortening of limitation periods provided for above do not apply to things that were used for a struc- ture in accordance with their customary use and caused the structure to be defective, to damages caused by injuries to life, body or health that result from an intentional or negligent breach of duty by the Seller or an intentional or negligent breach of duty by a legal representative or vicarious agent of the Seller, to other damages that result from an intentional or grossly negligent breach of duty by the Seller or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the Seller, in the event that the Seller fraudulently concealed the defect, as well as to the right of recourse pursuant to Section 478 BGB. In the case of subsequent performance, the Seller has the option to perform rectification of defects or replacement delivery. In the case of replacement delivery within the scope of liability for defect...
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Related to Liability for Defects; Warranty

  • Liability for defects 5.1 The Customer is required to inspect the delivered Products without undue delay after delivery and to report any defects. 5.2 The delivered Products are deemed to have been approved if ▇▇▇▇, with regard to obvious defects, obvious shortages or other defects which were or would have been identifiable in the course of an immediate, careful inspection, has not received notifi- cation of the defect within 7 days of delivery of the product, or otherwise – in the case of unclear or hidden defects – within 7 days of the discovery of the defect or the time at which the defect was identifiable to the Customer in the course of normal use of the Product without closer inspection. 5.3 In the event of a justified complaint, the Customer will be entitled to two attempts to rectify defects or make a replacement delivery at ▇▇▇▇'▇ discretion free of charge within a reasonable period of time. Shortages will be delivered subsequently. If two attempts to rectify defects or make a replacement delivery within a reasonable period of time are unsuccessful, the Customer will be entitled to the statutory rights, subject to the provisions of clause 7. Subsequent performance will include neither removal of the defective item nor reassembly if ▇▇▇▇ was not originally required to carry out assembly. The expenses required for the purpose of inspection and subsequent performance, in particular transport, travel, labour and material costs (not: removal and assembly costs), insofar as these are not increased because the subject matter of the contract is located at a place other than our Customer's place of performance, will be borne by ▇▇▇▇ if there is actually a defect. Otherwise, ▇▇▇▇ may demand compensation from the Customer for the costs incurred by the unjustified request for rectification of the defect (in particular inspection and transport costs), unless the lack of defectiveness was not identifiable for the Customer. ▇▇▇▇ can refuse to rectify defects or make a replacement delivery if the Customer does not fulfil its payment obligations towards ▇▇▇▇ to an extent that corresponds to the defect-free part of the service provided. 5.4 No warranty will be assumed, in particular, in the following cases: Unsuitable or in- correct use by the Customer or by third parties instructed by the Customer, in particular through the use of insufficiently qualified personnel, faulty assembly or commission- ing, natural wear and tear (wearing parts), faulty or negligent handling, improper maintenance, unsuitable operating materials, defective construction work, unsuitable construction land, chemical, electrochemical or electrical influences, provided ▇▇▇▇ is not responsible for these circumstances. 5.5 ▇▇▇▇ is also not required to provide a warranty insofar as defects of Products are based on defective materials supplied by the Customer or insofar as defects of Products are based on the fact that the Customer has prescribed the execution of the order ac- cording to construction plans of third parties. 5.6 A delivery of used Products agreed with the Customer in the individual case is made to the exclusion of any warranty, unless ▇▇▇▇ has caused the defect intentionally or through gross negligence or has fraudulently concealed the defect. 5.7 The warranty period will be one year from delivery or, where acceptance was stipu- lated, from acceptance. Replaced parts will become our property and must be sent to us at our request. If shipping, assembly or commissioning is delayed through no fault of our own, our liability will expire no later than twelve months after the transfer of risk. 5.8 The right of recovery in accordance with sections 445a, 445b German Civil Code (BGB) is excluded, unless ▇▇▇▇ has caused the defect intentionally or by gross neg- ligence or has fraudulently concealed the defect.

  • Defects Liability 11.1 In case of a defect, the Seller will, without undue delay and free of charge, make good any defects and/ or deficiencies in its Supplies and Services which were already existent at the time of transfer of risk to the Customer by, at its sole discretion and as the nature of the defect or deficiency would reasonably require,repair or replacement. The Customer has the obligation to inform the Seller of any defect and/ or deficiency without undue delay after detection of the same. 11.2 Should remedy of a defect and/ or deficiency finally fail, the Customer shall – without prejudice to claim damages – be entitled to terminate the Contract or ask for an equitable adjustment of the Contact price. Except as otherwise provided in the Contract, a remedy shall be deemed to have finally failed after the third unsuccessful attempt by the Seller to rectify the defect and/or deficiency. 11.3 Defect liability claims shall become statute-barred after a period of 12 months, counted from the date of completion of the concerned Supplies and/or Services (“Defect Liability Period”). In case and where a longer Defect Liability Period is mandatory as per applicable law, the Defect Liability Period mentioned in the preceding sentence shall be replaced by such mandatory longer period. If any part of the Supplies and Services has to be repaired or replaced during the Defect Liability Period, the Defect Liability Period for the relevant part of the Supplies and Services shall begin for another period of 12 months, however, provided that the Defect Liability Period shall not be (further) extended beyond 24 months from the from the date of completion of the concerned Supplies and/ or Services. 11.4 The Seller shall not be liable for any damage / defect occurring after transfer of risk to the Customer being a result of careless usage, inappropriate consumables/ fuels, defective and/ or deficient civil works, inappropriate ground conditions or special outside influences which are not specifically provided for in the Contract. Should the Customer or any third party perform improper maintenance works or effect any changes to the Supplies and Services the consequences thereof shall not be covered under subject defect liability obligations of the Seller. 11.5 The Seller shall not be liable for normal wear and tear. Wear-parts are excluded from any defect liability, except in case the Customer provides proof that the damage or defect is not caused by normal wear and tear. 11.6 Any further liability for defect liability claims is – as far as permissible by applicable law – excluded.

  • Liability for Damage Each party shall be liable to the other for all damage to the property of the other negligently, recklessly or intentionally caused by that party (or their agents, employees or invitees), except to the extent the loss is insured and subrogation is waived under the owner's policy.

  • Liability for Loss If Included Timber is destroyed or damaged by an unexpected event that significantly changes the nature of Included Timber, such as fire, wind, flood, insects, disease, or similar cause, the party holding title shall bear the timber value loss resulting from such destruction or damage; except that such losses after removal of timber from Sale Area, but before Scaling, shall be borne by Purchaser at Current Contract Rates and Required Deposits. Deterioration or loss of value of salvage timber is not an unexpected event, except for deterioration due to delay or interruption that qualifies for Contract Term Adjustment or under B8.33.

  • Liability for Damages 1. The Purchaser shall be liable for any damages sustained by the State arising from Purchaser’s breach of the terms of this Contract and the State may cause all or part of the performance bond to be forfeited to recover such damages. 2. In the event that a portion of the timber sale under this Contract is resold as a result of the Purchaser’s forfeiture and the stumpage rate pursuant to the resold contract is lower than the stumpage rate provided herein, the difference between the original rate and the new rate shall be considered damages and the Purchaser shall be liable to the State for those damages. The State may cause all or part of the Purchaser’s performance bond to be forfeited to recover such damages.