Common use of Complaint Report Clause in Contracts

Complaint Report. 7.1 The quantities as stated on transport tickets or similar documents are deemed to be correct if no complaint is made immediately after delivery or provision. 7.2 On delivery of the Goods, the Buyer has the obligation to examine whether the Goods conform to the Agreement, both as regards external characteristics and functionally. Notifications of complaints about Goods must be notified in writing to BIB by the Buyer within 5 working days after receipt, on pain of forfeiture of all rights and claims. The notification of complaint must contain an accurate description of the nature, extent and grounds of the complaint and furthermore the article number, the order number, a copy of the packing note as well as the batch serial code of the batch delivered. A sample of the Goods showing the defects, preferably completed with digital photographs, must be delivered to BIB at the same time as the notice of complaint. Complaints that relate to deviations which could not reasonably have been detected on receipt (hidden defects) are to be reported in the same way as described in clause 7.2, within 5 working days after the Buyer has detected a defect. BIB cannot be held liable for a hidden defect reported later than 1 year (365 days) after delivery by the Buyer. 7.3 Any complaint about an invoice must be made in writing within 8 days of the invoice date on pain of forfeiture of all rights and claims, failing which the invoice shall be deemed correct and undisputed. 7.4 Data and images in the catalogues and on the website of BIB only give an impression of the Good and are not binding for BIB. 7.5 BIB is entitled to investigate the merits of a complaint or to call in an expert to investigate the merits of a complaint, all at BIB's discretion. 7.6 BIB will determine whether a complaint is well-founded. If a complaint is well-founded, BIB will remove the complaints in respect of the Goods by replacing or crediting the invoiced Good, at BIB's discretion. 7.7 BIB will only take back Goods after it has given its prior written consent. The purchaser must return the Goods himself in proper packaging. Only in the case of a well-founded complaint are the costs of return for BIB. If the Buyer returns the Goods without BIB's prior written consent and/or if the Buyer returns the Goods without complying with BIB's return instructions, all costs associated with the return will be for the account of the Buyer. In such case, BIB shall be free to store or cause to be stored the Goods for the account and risk of the Purchaser. 7.8 Legal claims by the purchaser on account of non-conformity, deviations in weight or numbers must be brought before a court authorised under these terms and conditions no later than twelve months after notification of complaint, on pain of forfeiture of all rights and claims, unless rights under applicable treaties, laws and regulations have lapsed earlier.