Warranty and liability for defects Clause Samples
POPULAR SAMPLE Copied 31 times
Warranty and liability for defects. 14.1 Unless agreed otherwise in the Services Agreement, CoD provides to the Client the quality warranty for the Services pursuant to the following terms. The warranty period is 12 months].
14.2 The quality warranty is a commitment by CoD that the delivered Services (deliverables) will be suitable for use by the Client for the purpose agreed in the Statement of Work (Services Agreement) during the warranty period, and that during such period they will retain the agreed characteristics specified in the Statement of Work (Services Agreement).
14.3 The quality warranty applies only to defects found in the Services and reported in the warranty period, if they consist of the code developed by CoD. Such defects will be removed by CoD free of charge.
14.4 On the other hand, the quality warranty nor the liability of CoD for defects apply to any defects or deficiencies which do not consist of the code developed by CoD. Therefore, the warranty does not apply and CoD’s liability for defects does not arise in particular, without limitation, in case of defects and deficiencies (i) found in the Third-Party Software and/or the Existing Client Systems, (ii) listed below in Section 14.11, (iii) relating to a part of the Services that was developed by CoD but that originated in the Third-Party Software and/or the Existing Client Systems, (iv) in the operation of the Services (deliverables) in breach of the Documentation, the Statement of Work and/or the Services Agreement and/or the terms and conditions relating to the use of the Third-Party Software; and/or (v) in insufficient implementation of the Acceptance Tests by the Client, if they are required under the relevant Statement of Work.
14.5 The warranty period with respect to any handed over and accepted part of the Services shall start running upon the acceptance by the Client of such part of the Services.
14.6 The Client shall deliver to CoD requests for warranty repairs in written form. The Client shall notify of the defects without undue delay of their finding.
14.7 The warranty does not apply to defects notified following the expiration of the warranty period.
14.8 In the event of the notification of a defect covered by the quality warranty or the statutory liability for defects, the Client is entitled to free repair of the defect. The Client is not entitled to other remedies.
14.9 The Client shall start removing the defect pursuant to Section 14.8 without undue delay. If the defect cannot be remedied immediately, Co...
Warranty and liability for defects. 9.1 Licensor warrants that the Software in all material aspects will perform in accordance with the Specification. However, Licensor does not warrant that Licensee’s use of the Software will be uninterrupted or that the operation of the Software will be error-free or secure.
9.2 The Software shall be considered to be defective where the Software materially deviates from the Specification, provided that Licensee has used the Software in accordance with the documentation and other specific written instructions given to Licensee. Deviation from the Specification that are of no importance for Licensee’s intended use of the Software shall not constitute liability for Licensor.
9.3 Licensor shall only be liable for defects reported within three (3) months from the Date of Delivery (warranty period) and shall have no responsibility whatsoever for defects relating to the installation of the Software, unless installation have been carried out by Licensor. Defects for which Licensor is liable shall be rectified free of charge and without unreasonable delay after Licensor has received written notice of the defect. Licensor shall carry out uninterrupted remedial work during Licensor’s normal working hours until such time as the defect has been rectified. In order to be entitled to rectification, Licensee must notify Licensor in writing of the defect immediately upon its discovery.
9.4 Licensor may rectify the defect by (i) providing a bug-fix, (ii) giving Licensee instructions as how to circumvent the defect in order to minimise operational disruptions or (iii) giving instructions as to the manner in which Licensee itself can remedy the defect. Rectification shall be carried out without unreasonable delay.
9.5 In lieu of rectifying the defect, Licensor may supply new Software of the same release as the delivered Software or a subsequent release of the Software.
9.6 Licensee shall be entitled to terminate this Agreement where a material defect (i.e. an error that renders the use of the Software impossible) arises within the warranty period and where such material defect is not rectified, or new Software are not delivered, without unreasonable delay from Licensee’s notice thereof. In the event of termination pursuant to this section, the licence fee shall be reimbursed to Licensee, subject to a reasonable reduction for the benefits inuring to Licensee’s use of the Software.
Warranty and liability for defects. 14.1 The length of warranty for new ma- chines ("Federkern-Maschinen") from Spühl and Fides is 36 months or 10,000 operating hours, depending on which occurs first. For all other new ma- chines/deliveries, the length of warranty is 12 months. The warranty starts on the day of delivery. If shipping, ac- ceptance, or installation are delayed for reasons for which Spühl GmbH is not responsible, the warranty period shall end at the latest 36 respectively 12 months after notification of readiness for shipment. The warranty for new, in- dividually delivered components is 12 months after shipment, provided that this does not involve wearing parts.
14.2 The warranty expires prematurely if the customer or third parties undertake in- appropriate modifications or repairs, or if the customer, when a defect has been detected, does not immediately take all suitable measures to minimize damage and give Spühl GmbH the op- portunity to correct the defect. Further- more, the warranty expires prematurely if original spare and wearing parts are not used, unless Spühl has given writ- ten consent to this or if the customer does not comply with predefined maintenance and care instructions. No warranty applies if parts, assemblies or machines are produced according to specifications of the customer on its behalf and at its expense.
14.3 The customer must immediately give written notice to Spühl GmbH of any de- fect that occurs. If the customer notifies Spühl GmbH of the defect, but no de- fect can be detected for which Spühl GmbH is liable, the customer shall re- imburse Spühl GmbH for the cost in- curred through such a claim.
14.4 Liability for defects in material, design and workmanship. Upon written request of the customer, Spühl GmbH agrees at its option to re- pair or replace as quickly as possible all parts of the deliveries from Spühl GmbH that become defective or unusa- ble before the expiration of the warranty period due to poor materials, faulty de- sign, or poor workmanship. Replaced parts shall become property of Spühl GmbH, provided that they had been the customer’s property. Spühl GmbH shall bear the costs arising from the rework performed in its facilities. If the rework cannot be carried out in the facilities of Spühl GmbH, the customer shall bear the associated costs (in particular cus- toms duties and similar expenses) to the extent that they exceed the custom- ary costs of transport, personnel, travel- ling, and living as well as the costs for disassembly and r...
Warranty and liability for defects. XGT warrants that the Services will be performed in accordance with the highest professional standards of workmanship and materially conform to agreed specifications in accordance with federal law. XGT further warrants that during the duration of the Agreement and for a period of two (2) years after the effective termination date, XGT will take any action reasonably necessary to rectify, correct, repair or replace any non-conforming, defective or failing products and provide Services necessary to maintain the xMax wireless broadband network contemplated by this Agreement .
Warranty and liability for defects. 11.1 In the absence of an agreed variation to these terms, warranty for deliveries made by the seller expires six months from the date of delivery.
11.2 The liability of JÜSTRICH COSMETICS AG is limited to the quality of the products as defined in the standard specifications. The warranty regarding the stability/durability of the products remains valid only on condition that they are correctly stored and/or transported. The purchaser will be obliged to provide proof of this. The general guarantee of microbiological purity refers to the date and time of delivery. JÜSTRICH COSMETICS AG assumes no liability for the suitability of the products for the purpose intended by the purchaser. Instructions for use, recommendations and suggestions from JÜSTRICH COSMETICS AG are given or made to the best of our knowledge. However, they are non-binding and do not exempt the purchaser from performing his/her own tests. Damages resulting from improper use of the products is not covered by the warranty. Any changes made to the product by the purchaser without the written permission of JÜSTRICH COSMETICS AG will automatically nullify our warranty.
11.3 In the event that a product is shown to be defective, JÜSTRICH COSMETICS AG will, under the terms of the warranty and at its own discretion, either remedy the defect or replace the product free of charge or reimburse the purchaser to the value of the products at the time they were invoiced. All further claims, in particular any obligation to pay compensation, are excluded. The purchaser is to allow JÜSTRICH COSMETICS AG a reasonable length of time in which to remedy the defect.
Warranty and liability for defects. 1. Unless the product documentation or confirmation of the Buyer’s order by PBS specify for the respective product, service or another performance of PBS otherwise, PBS shall provide the Buyer with a warranty (quality guarantee) for 12 months from the date of handover of the Subject of Performance to the Buyer, or of delivery to the place of delivery according to the agreed delivery terms, whichever comes first.
2. 2.1 Any Buyer’s rights under the warranty or defective performance shall be excluded if the defect results from normal wear and tear, mechanical damage to the product during the operation or manipulation thereof, or otherwise, improper storage, modification or disassembly of the product by any person other than a technician fully trained in the field, through the fault or omission of the Buyer, improper or non-recommended use of the product, or operation of the product in a mode other than the one for which the product is designed, for example, failure to observe the installation, assembly, operation and maintenance instructions.
Warranty and liability for defects. (1) In case of defects, WILO is entitled to the statutory claims without restriction. The warranty period starts at delivery or, in case clearance is required, approval by WILO by means of an acceptance report.
(2) The defective delivery items are to be returned to WILO’s contracting partner upon request by a third party (freight and carriage paid). In case of a legitimate notification of defects, the contracting partner shall offer to refund the most favourable dispatch type; this applies in particular also if the costs increase because the delivery item is located at a different place than the place of intended use.
(3) In case of quality defects of the supplied items, the contracting partner is firstly obliged and entitled to choose to either rectify the defect or provide for a replacement delivery within an appropriate period of time. In case of failure, i.e. if such rectification or replacement is impossible, unreasonable, unsuccessful, refused or unreasonably delayed, WILO may withdraw from the agreement or reduce the purchase price by an appropriate amount.
(4) If a defect is culpably caused by the contracting partner, WILO, as principal, is entitled to damage claims.
(5) In case of defects in parts provided by other manufacturers the contracting partner is incapable of rectifying for licensing or factual reasons, the contracting partner may assert its warranty claims against the manufacturers and contractors on account of the principal. For the duration of the legal dispute, the limitation period concerning the corresponding warranty claims by WILO against the contracting partner is suspended.
(6) Quality and quantity deviations are considered as reported in good time if WILO communicates them to the contracting partner within a period of 7 working days after receipt of the goods at WILO. Latent material defects are considered as reported in good time if the contracting partner is notified thereof within a period of 7 working days after discovery of the defect.
(7) Acceptance based on the acceptance report or approval of samples does not represent a waiver of warranty claims on the part of WILO.
(8) The limitation period of warranty claims is suspended upon receipt of the written notice of defect by the contracting partner. In case of replacement delivery and rectification of defect, the warranty period for replaced and rectified parts starts over again, unless agreed otherwise.
(9) The contracting partner guarantees that any and all components it ...
Warranty and liability for defects. SUPPLIER shall treat all claims from the Vestas Group as though they were raised by VESTAS.
Warranty and liability for defects. 1.1. The Seller provide the Buyer with warranty for the quality of the Goods delivered for the period of 36 months from the date of Goods takeover by the Buyer.
1.2. The Seller provide the guarantee that the Goods are delivered properly, timely and completely and that the Goods shall retain the properties agreed in this Contract, Specifications (Attachments 1, 2, 3 and 4 hereof) and in relevant applicable legal regulations and standards, and that the Goods shall not show any defects during the warranty period.
1.3. The Seller is responsible also that the delivered Goods does not show any legal defects, and that no claims will be made by a third party due to infringement or threat of copyright, trademark rights or other similar rights.
1.4. The Seller is responsible for defects of the Goods pursuant to the provisions of Article 422 of the Commercial Code and subsequent Articles thereof. The Seller is responsible for legal defects of the Goods pursuant to the provisions of Article 433 of the Commercial Code and subsequent Articles thereof.
1.5. Should the Goods have any defects, the Buyer has right to claim from the Seller for the following:
(i) elimination of defects upon a repair of the Goods by the Seller; also the Buyer may eliminate a defects upon a repair at cost of the Seller, at the same time the Buyer is entitled to have the defect eliminated by a third party at cost of the Seller, if the Seller has not eliminated the defect within a reasonable period specified by the Buyer for such elimination;
(ii) elimination of defects upon supplying substitutional goods to replace the defective Goods, i.
Warranty and liability for defects. 1. Claims for defects by the Customer are subject to the condition that the Customer has duly fulfilled their obligations to inspect and give notification of defects in accordance with § 377 HGB. Notification of obvious defects shall be provided within one calendar week from the transfer of the goods. Notification of defects that subsequently become apparent shall be provided in written form within one calendar week of their discovery. If the Customer neglects the proper inspection and/or notification of defects, TELOGS’ liability for the defect for which notification was not provided in a timely or proper manner shall be excluded in accordance with the statutory provisions.
2. If the service demonstrates a defect, TELOGS shall reserve the right to choose the manner of subsequent fulfilment. The right of TELOGS to refuse the subsequent fulfilment under the statutory requirements shall remain unaffected.
a) The quality of the service exclusively results from TELOGS’ order confirmation and the product description. No liability is assumed for public statements of the manufacturer or other third parties. Other documents (e.g., brochures, catalogues, cover letters, price lists, technical data or similar) shall not lead to a quality agreement, insofar as this is not expressly agreed upon in written form.
b) Wear and tear does not constitute a defect. Parts subject to wear (e.g., ball bearings, carbon brushes, brakes, wire ropes, rollers, chains, chain wheels, etc.) are not covered by the warranty.
c) Claims for defects shall not exist in the event of purely insignificant deviation from the agreed quality, in the event of only insignificant impairment of usability, in the event of natural wear and tear, as well as in the event of damage that occurs after the transfer of risk as a result of incorrect or negligent handling, excessive stress, unsuitable operating resources, or due to special external influences that are not assumed under the contract. If improper repair work or changes are carried out by the Customer or third parties, there shall also be no claims for defects for these and the resulting consequences.
d) Customer claims due to the expenses necessary for the purpose of the subsequent fulfilment – particularly transport, travel, labour, and material costs – are excluded to the extent that the expenses increased as a result of the goods delivered by TELOGS being subsequently brought to a location other than the Customer’s branch office, unless the purpo...