Common use of Quality of the Products Clause in Contracts

Quality of the Products. 1. Vesper has a best-efforts obligation to supply products to the customer that meet the in the confirmation notice specified specifications. 2. Customer hereby understands and accepts that all samples, drawings, models, figures, dimensions, weights or any other specifications for products are estimates only, and for demonstrative purposes, and although Vesper will use best efforts to ensure their accuracy, it cannot guarantee the absence of anomalies or that the quantity or quality of the products will not differ, unless it has been explicitly stated in writing. 3. The products sold by Vesper are derived from or are recyclable materials which means divergences in color, composition, moisture, hardness, vulcanization rate, ▇▇▇▇▇▇, tensile strength, packaging etc. will occur. The customer is aware that due to the nature of the products sold by Vesper these differences can and will occur. As a result, the customer cannot derive any rights and/or price reductions from these divergences. 4. The customer shall examine the products or cause them to be examined immediately on receipt. The customer shall notify Vesper in writing of any lack of conformity of the products, specifying the nature of the lack of conformity, within 2 business days after the customer has discovered or should have discovered the lack of conformity. 5. If the customer fails to notify Vesper in writing of any lack of conformity at the latest within a period of 7 days from the date on which the products were delivered, the products are deemed accepted and in accordance with customer's order, and Vesper will have no obligation to correct such shipments, unless customer bears all the expenses thereof. 6. In the case of any alleged shortage, errors, defects or non-conformance with the agreement, customer shall allow Vesper to inspect the products subject to the alleged defect and/or co-operate with any potential investigation by Vesper or by a third party engaged by ▇▇▇▇▇▇. If the customer has given due notice of non-conformity to Vesper and completed the claims form required by Vesper, and Vesper confirms the non-conformance with the agreement, a fitting solution will be found for all parties. Complaints regarding shipment or products do not allow the customer to suspend performance under the agreement, terminate the agreement, or make or request any deductions from payments due to Vesper. THE SOLE AND EXCLUSIVE REMEDY FOR ALLEGEDLY DEFECTIVE PRODUCTS IS THE REPLACEMENT OF SUCH PRODUCTS OR PARTS OF SUCH PRODUCTS, AT NO COSTS FOR CUSTOMER.