Claims for Defects and Liability. 8.1. Legal provisions. Fraunhofer provides the Technology Marketplace free of charge. Provision of the Technology Marketplace is subject to the provisions on gratuitous loans, i.e., in particular, liability for defects on the part of Fraunhofer is limited to fraudulent concealment according to section 600 Ger- man Civil Code, liability according to section 599 German Civil Code is limited to intent and gross neg- ligence, and the six-month limitation period according to section 606 German Civil Code applies.
Claims for Defects and Liability. 9.1 The Purchaser is obliged to inspect the delivered goods promptly after receipt, if applicable by means of quick-tests; and to notify Siegwerk about obvious defects immediately after receipt or latent defects immediately after their discovery. Any complaints, particularly notices of defects, have to be notified to Siegwerk in writing. Where the Purchaser does not submit his claim and notices of defects in time or not in written form (unduly), the delivery and performance made by Siegwerk shall be deemed defect-free in regards to the untimely or unduly complaint and/or the untimely and unduly notice of defect. If the Purchaser accepts the goods or performance in cognizance of a defect, then he is entitled to the rights deriving from the defect only in cases, where he has expressly reserved these rights in writing.
Claims for Defects and Liability. The claim for defects of the employer is restricted to an improvement. Only after two unsuccessful attempts of the contractor for improvement does the employer have the right to demand a reduction of compensation or to cancel the contract. The contractor shall also not be responsible, if the employer, his agent or representative, in particular, the bearer/deliverer refrains from a visual inspection of the flushed object in the dry state before a new loading/filling and if he refrains otherwise from making a complaint. The liability for microscopic small residues is ruled out in each case, because a time- consuming and costly chemical analysis after ending the flushing process is not included in the flushing price and cannot be done by the contractor for technical reasons. The employer refrains from such an analysis. Further, the liability of Xxxx Xxxxxxx SE is also ruled out for such damages, which have taken place despite a proper cleaning owing to residues that have remained in the non- visible parts of the object to be flushed - in particular, of boilers, outlets, hoses, fitting, pumps and the area of tank outlet nozzles (see Clause 1 of last Para). The liability - for whatever reason - is restricted to intention or gross negligence.
Claims for Defects and Liability. 9.1 The Purchaser is obliged to inspect the delivered goods promptly after receipt, if applicable by means of quick-tests; and to notify Siegwerk about obvious defects immediately after receipt or latent defects immediately after their discovery. Any complaints, particularly notices of defects, have to be notified to Siegwerk in writing. Where the Purchaser does not submit his claim and notices of defects in time or not in proper written form (unduly), the delivery and performance made by Siegwerk shall be deemed defect-free. If the Purchaser accepts the goods or performance in cognizance of a defect, then he is entitled to its warranty rights if he has expressly reserved these rights in writing.
Claims for Defects and Liability
