Common use of Defects in Material Clause in Contracts

Defects in Material. 1. The Buyer shall inspect the products immediately after receipt provided this is possible in the usual course of business and shall inform the Seller in writing of any obvious defects without delay at the latest however within seven days after delivery. The Buyer shall notify the Seller in writing of any defects, which cannot be recognized in the context of its due course of business, without undue delay after discovery of the defect. Otherwise the delivery shall be deemed to have been accepted unless defects were fraudulently concealed by the Seller. 2. Should the Buyer's notification of the defect prove to be unjustified and provided the Buyer has realized this prior to the notification of the defect or has not realized it in a negligent manner, The Buyer shall be obliged to reimburse the Seller for all costs incurred in this respect, e.g. travel expenses, shipping costs or inspection costs. 3. If delivery is incomplete or if there is obvious external transport damage the Buyer shall notify the transport company of this on receipt of the product. Obvious external transport damage shall be notified to the transport company in written form (e.g. via fax, letter or e-mail) within seven days after delivery. The Seller shall be informed of this notification in any case. 4. Unless otherwise agreed, the contractually owed quality of the product shall be set out exclusively in the product specifications of the Seller applicable on delivery. Properties of samples are only binding in as far as they have specifically been agreed as a quality of the product. Such agreement shall be in written form. Information as to quality and product life and other information shall only be considered to be guarantees if they have been agreed and specified as such. Such guarantee must be confirmed in writing by the Seller's management. 5. If a faulty product is delivered and due and proper complaint is made in accordance with X.1. The Buyer must first give the Seller the opportunity to make subsequent delivery. The Buyer is entitled to rescind the agreement or to reduce the purchase price if the subsequent delivery is unsuccessful, the Buyer cannot be expected to accept it, is refused or is not executed within a reasonable period set by the Buyer. In the event of minor defects the agreement may not be rescinded. 6. Claims as to defects shall not exist if the defect has occurred (i) for reasons for which the Buyer is responsible, in particular due to improper or unsuitable use, storage, improper or unsuitable transport, faulty or negligent handling or (ii) due to a typical change in the nature of the product that is based on environmental conditions. 7. The Buyer may only claim for damages in accordance with mandatory statutory provisions and the following provision in XII. 8. All claims for defects with the exception of any claims in accordance with XII.1(b) shall become statute-barred after expiry of 12 months after the delivery of the products to the Buyer. The limitation provisions of § 445b BGB remain unaffected.

Defects in Material. 1. The Buyer shall inspect the products merchandise immediately after receipt provided this is possible in the usual course of business and shall inform the Seller in writing of any obvious defects without delay at the latest however within seven days after delivery. The Buyer shall notify the Seller in writing of any defects, which cannot be recognized recognised in the context of its due course of business, without undue delay at the latest within seven days after discovery of the defect. Otherwise the delivery shall be deemed to have been accepted unless defects were fraudulently concealed by the Seller. 2. Should the Buyer's notification of the defect prove to be unjustified and provided the Buyer has realized this prior to the notification of the defect or has not realized it in a negligent manner, The Buyer shall be obliged to reimburse the Seller for all costs incurred in this respect, e.g. travel expenses, shipping costs or inspection costs. 3. If delivery is incomplete or if there is obvious external transport damage the Buyer shall notify the transport company of this on receipt of the productmerchandise. Obvious external transport damage shall be notified to the transport company in written form (e.g. via fax, letter or e-mail) within seven days after delivery. The Seller shall definitely be informed of this notification in any casenotification. 43. Unless otherwise agreed, the contractually owed quality of the product shall be set out exclusively in the product specifications of the Seller applicable prevailing on delivery. Properties of samples are only binding in as far as they have specifically been agreed as a quality of the product. Such agreement shall be in written form. Information as to quality and product life and other information shall only be considered to be guarantees if they have been agreed and specified as such. Such guarantee must be confirmed in writing by the Seller's our management. 54. If a faulty product is delivered and due and proper complaint is made in accordance withwith X. X.11. The Buyer must first give the Seller Purchaser the opportunity to make subsequent delivery. The Buyer is entitled to rescind the agreement contract or to reduce the purchase price if the subsequent delivery is unsuccessful, the Buyer customer cannot be expected to accept it, is refused or is not executed within a reasonable period deadline set by the Buyer. In the event of minor defects the agreement contract may not be rescinded. 65. Claims as to defects shall not exist if the defect has occurred (i) for reasons for which the Buyer is responsible, in particular due to improper results from inappropriate or unsuitable use, use or storage, improper inappropriate or unsuitable transport, faulty or negligent handling or (ii) due to a typical change in based on environmental conditions difficult for the particular nature of the product that is based on environmental conditionsproduct. 76. The Buyer may only claim for damages in accordance with mandatory statutory provisions and the following provision in XII. 87. All claims for defects with the exception of any claims in accordance with XII.1(b) XII. shall become statute-barred after expiry of 12 months after the delivery of the products to the Buyer. The limitation provisions of § 445b BGB remain unaffecteddelivery.