Common use of Defective performance Clause in Contracts

Defective performance. 7.1. Purchaser is obliged to examine the delivered products in the shortest period of time possible, and confirm whether the fulfilment was acceptable. The quantitative shortcomings, possible damages and qualitative defects of the delivered products shall be recorded and reported upon receipt, and should be acknowledged by the carrier as well, insofar as the transfer was not arranged by the Purchaser. In the case of delivery by carrier, Purchaser is obliged to – in the interest of Supplier – make timely and appropriate arrangements necessary for the enforcement of claims against the carrier. Failure to do so does not serve as grounds for the Purchaser to demand the reimbursement of damages that could have been implemented against the carrier. Purchaser is obliged to receive the shipment even in case of its non-significant deficiency. 7.2. Without the infringement of the shorter deadlines provided to submit complaints about the carrier, Purchaser shall inform Supplier about of any obvious errors no later than 14 days after delivery, otherwise Supplier is exempted from liability. 7.3. In the case of latent defects, Purchaser is obliged to inform Supplier subsequent to the discovery of the defect in the shortest time possible allowed by the circumstances. Purchaser is responsible for any damage caused by late notification. 7.4. In the case of disputes arising from defective performances, the Purchaser must prove that the product was already defective upon delivery, furthermore they must prove the date of the discovery of the defect, and that under the circumstances it was reported within the shortest possible time after its discovery. 7.5. In the case of defective performance, Supplier undertakes to provide for the repair or exchange (replacement) of the product or an equivalent discount.