Warranty and Defects Sample Clauses
The "Warranty and Defects" clause defines the obligations of the seller or provider regarding the quality and condition of goods or services supplied. It typically outlines the warranties made—such as assurances that products are free from defects and conform to agreed specifications—and sets forth the process for reporting and remedying defects, which may include repair, replacement, or refund within a specified period. This clause serves to protect the buyer by ensuring recourse if the goods or services fail to meet promised standards, thereby allocating risk and promoting accountability.
Warranty and Defects. 7.1 The Company warrants that as from the date of delivery for a period of 12 months (“Warranty Period”) the Goods and all their component parts, where applicable, conform in all material re- spects with their description, are free from any material defects in design, workmanship, construction or materials. Any additional warranties described in the specification document are manufacturer’s warranty only.
7.2 The Company warrants that the services performed under this Contract shall be performed using reasonable skill and care, and of a quality conforming to generally accepted industry stand- ards and practices.
7.3 Subject to clause 7.4, if the Customer gives notice in writing during the Warranty Period within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 7.1 then provided the Company is given a reasonable opportunity of examining such Goods the Company shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
7.4 The Company shall not be liable for the Goods’ failure to comply with the warranty in clause 7.1 if:
7.4.1 the defect arises because the Customer failed to follow the Compaany’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice;
7.4.2 the Customer alters or repairs such Goods without the written consent of the Company;
7.4.3 the defect arises as a result of fair wear and tear, wilful damage, vandalism, negligence, or abnormal working conditions;
7.4.4 the Goods differ from their description as a result of ▇▇▇▇▇- es made to ensure they comply with applicable statutory or regulatory standards;
7.4.5 the Company has not had the opportunity to rectify de- fects, imperfections, shrinkages, settlement or other faults;
7.4.6 the Customer has not complied with the payment obligations set out in Clause 6.
7.5 Except as provided in this clause 7, the Company shall have no liability to the Customer in respect of the Goods’ failure to comply with the warranty set out in clause 7.1.
Warranty and Defects. Deliveries must be inspected immediately upon receipt for defects, incorrect deliveries or deviations in quantity and other complaints. Obvious packaging and transport damage must be claimed immediately and must be confirmed in writing by the carrier on the KFF handover report. All defects in the delivery must be reported to us in writing within a period of 3 working days at the latest and should be documented by digital photos in the interest of the Buyer. If these deadlines are not met, the claims for defects shall expire. Minor or customary deviations in weight, shape, color, dimensions or quality as well as changes that serve the further development of the product cannot be recognized as defects. We are entitled to avert any notice of defect by either repairing the defect or supplying a replacement, at our discretion. Goods can only be returned with our consent. If the goods show traces of use upon return or if they cannot be returned, you are obliged to compensate the value of the goods in case of loss and/or to compensate the reduction in value in case of traces of use, as far as you are responsible for the loss or the deterioration. You can avoid such compensation by looking at and inspecting the goods but not using them. In addition, the goods should be repacked in the original cardboard packaging or a similar transport-safe packaging. For hidden defects, the statutory provisions apply. Of the direct costs arising from the rectification or replacement delivery, we shall bear - insofar as the complaint proves to be justified - the costs of the replacement item including shipping. Any costs incurred by the Buyer shall be borne by the Buyer. Necessary assembly and travel costs incurred in connection with unjustified complaints shall be paid by the Buyer. Any modifications or repair work improperly carried out by the Buyer or third parties without our prior written consent shall void our liability for the resulting consequences. The Buyer shall give us the opportunity to examine the complaint, in particular to make damaged goods and their packaging available for inspection by us. We shall not be liable for damage to the goods caused by natural wear and tear, unsuitable, improper or non-contractual use, faulty assembly, excessive stress or improper modification, reworking or repair work by the Buyer or third parties, or by faulty or negligent handling, insofar as this is not attributable to our fault.
Warranty and Defects. 8.1 The Seller warrants to the Buyer that:
8.1.1 it has satisfied itself as to the conditions of the Site and the public access routes to the Site for the purposes of delivering the Products and carrying out the Works at the Vessel as at the date of this Contract; and
8.1.2 the Products and the Works shall be designed, manufactured, supplied and delivered:
8.1.2.1 free of any Defects; and
8.1.2.2 in full compliance with the Technical Specification.
8.2 The Seller is responsible for the design of the Products and the Works in accordance with the Technical Specification, and the Seller warrants and represents that:
8.2.1 such design shall be prepared by designers who:
8.2.1.1 are engineers or other professionals, qualified experienced and competent in the disciplines of the design for which they are responsible;
8.2.1.2 comply with the criteria (if any) stated in the Technical Specification; and
8.2.1.3 are qualified and entitled under applicable laws and regulations to design the Products and/or Works;
8.2.2 in the performance of its design obligations, the Seller has exercised all the reasonable skill, care and diligence to be expected of a prudent, competent and properly qualified engineer or other appropriate designer experienced in the provision of like products and/or services and/or works for projects of a size, scope, nature and complexity and in a location similar to the Works.
8.3 The warranty period for any Defects in the Products or the Works shall expire on the earlier of (i) 12 months of the commercial use of the Products, (ii) 18 months from the date of delivery of the Products to the Site or (ii) a period of 12 months following the Installation Completion Date (“Defects Period”).
8.4 If the Buyer believes that there is any Defect in the Works (including in any Products) within the Defects Period, the Buyer shall promptly notify the Seller in writing prior to expiration of the Defects Period and, in any event, as soon as reasonably practicable having become aware of the Defect and if applicable, allow the Seller to inspect the Works or Product at the Site where such Defect has been identified. Without prejudice to clause 10 of this Contract, the following process shall apply for the purposes of identifying and dealing the effects of any Defects:
8.4.1 the Seller shall at its option, and using all reasonable endeavours, repair or replace defective portions of the Products or the Works;
8.4.2 the Buyer shall ensure that the Seller can access the...
Warranty and Defects a. The Company warrants to the Purchaser that the Goods correspond with their specification in all material respects at the time of delivery.
b. The Company shall not be liable under the warranty set out in condition 7.0.a (or any other warranty, condition or guarantee) if:-
(i) the total Price for the Goods has not been paid by the due date for payment; or
(ii) any defect arises from fair wear and tear, wilful damage, negligence, improper storage, failure to follow the Company’s instructions (whether oral or written), misuse or alteration or repair of the Goods without the Company’s prior approval; or
(iii) the Goods have been improperly installed or connected (unless the Company carried out the installation and connection).
c. This warranty does not extend to parts, materials or equipment not manufactured by the Company, in respect of which the Purchaser shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Company and which the Company is entitled to and able to assign to the Purchaser. The warranty does not extend to expendable materials.
d. Any claim by the Purchaser which is based on any defect in the quality or condition of the Goods or Services or their failure to correspond with specification must (whether or not delivery is refused by the Purchaser) be notified to the Company within seven days from the date of delivery or, where the defect or failure was not apparent on reasonable inspection, within a reasonable time after discovery of the defect or failure.
e. As soon as possible after discovery of any defect, the Purchaser shall return the defective Goods to the Company at the Purchaser's cost for examination. If, upon completion of such examination, the Company's conclusion is that the Goods are not defective, the Purchaser shall pay the Company's reasonable costs of undertaking the examination.
f. In no event shall the Purchaser be entitled to reject the Goods on the basis of any defect or failure which is so slight that it would be unreasonable for the Purchaser to reject them.
g. If the Purchaser does not notify claims in accordance with condition 7d and 7e then:-
(i) the Purchaser shall not be entitled to reject the Goods ; and
(ii) the Company shall have no liability for such defect or failure; and
(iii) the Purchaser shall be bound to pay the full Price for the Goods
h. In the event the Purchaser has a valid claim which has been notified to the Company pursuant to condition 7d, the...
Warranty and Defects. 6.1. The Supplier assumes full liability for the proper execution of the delivery in accordance with the order and compliance with all relevant statutory provisions and standards. The Supplier is equally liable for goods and components it supplies or processes, as well as for goods and services not produced by itself. The deliveries and services must possess the usual and agreed properties, as well as those stated in descriptions, brochures, advertisements, sample deliv- eries, and other publicly available or Wollsdorf-accessible informational materials, and must be suitable for the nature of the business and the agreement made.
6.2. For defects in the delivery—including the absence of guaranteed or customary properties or incorrect deliveries—the Supplier's warranty period ends, unless otherwise agreed, two years after acceptance or, in the case of hidden defects, upon their discovery. However, for goods that are further processed by Wollsdorf, the warranty period begins no earlier than the use of the goods in processing. ▇▇▇▇▇▇▇▇▇ is not obligated to inspect the seller’s deliveries and services immediately upon ar- rival or to report any defects. The Supplier waives the objection of untimely notification of defects. The obligation to give notice of defects pursuant to Section 377 of the Austrian Com- mercial Code (UGB) is therefore excluded. For goods that are typically kept packaged until use or remain unprocessed, defects that are only identifiable upon unpacking or processing are considered hidden defects. In the case of replacement or repair, the warranty period starts anew.
6.3. In the event of defects, regardless of their nature or extent, Wollsdorf is entitled, at its discre- tion, to demand rescission, a price reduction, or—if the defect is remediable—rectification from the Supplier. Furthermore, Wollsdorf is entitled to make improvements itself, have im- provements carried out by third parties, or make substitute purchases at the Supplier’s ex- pense. The Supplier shall bear all costs associated with improvements, replacement deliveries, substitute purchases, or the return of defective goods, as well as any related risks. In the case of a request for improvement, a period of no more than three weeks is deemed reasonable unless Wollsdorf expressly states otherwise in writing. The Supplier is liable for consequential damages arising from a defect, even without fault. If the deadline set for recti- fying the defect is not met, Wollsdorf is entitled...
Warranty and Defects