Defects of Quality Sample Clauses

Defects of Quality. 16.1. Claims for defects of quality with regard to the Software shall expire by limitation within 12 months after passage of risks. Aforementioned clauses shall not apply if the legislation pursuant to the German Civil Code BGB articles 438(1)(2), 438(3), 479(1) and 634(a) stipulates longer periods of limitation nor for the liability for damages resulting from the injury of life, body or health nor for the liability for damages resulting from intentional or grossly negligent violation of duties.
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Defects of Quality. The SUPPLIER warrants that the goods and services to be supplied are free of defects, comply with the specifications as stipulated in the order, have been developed and manufactured in accordance with the state of the art, are usable with-out limitation for the purpose for which they are intended under the terms of the contract and are in compliance with all relevant legal provisions, regulations and di- rectives imposed by governmental authorities and specialist associations. Any obvious defects detected in the delivered goods shall be examined by the BUYER within an adequate period of time for any vari- ances in quality and quantity. The notification of a defect shall be timely if the SUPPLIER receives it within a period of 5 working days from delivery of the goods, or in the case of hidden defects, from discovery of the defect. The BUYER shall be fully entitled to the statutory claims based on defects; the BUYER shall be entitled in any case to demand, at the option of the BUYER, that the SUPPLIER remedy the defect or replace the defective good with a new one. The BUYER expressly reserves the right to damages, including but not limited to the right to damages instead of receiving the goods/services. In case of imminent danger, t h e BUYER shall be entitled to remedy the defect at the SUPPLIER’s expense. The limitation period of claims based on defects in quality shall be 24 months from the point in time when the delivered goods are complete, free of defects and put into service, and shall end no later than 36 months from delivery. The SUPPLIER is obliged for the purpose of supplementary performance to bear the relevant expenses, including all costs aris- ing in connection with the defect detention and remedial expenses, even if the expenses are incur red by the BUYER or the cus- tomers of the BUYER, in particular investigation cost, removal and installation costs, shipping, travel, labor and material costs. This applies even if the expenses increase because the goods and services are located at a different place than the place of performance.
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Defects of Quality. 10.1.1 If a defect of quality exists at the time of passing of risk, Dematic must initially be given the opportunity to cure the defect within a reasonable time. Cure will take place, at the option of Dematic, in the form of the correction or re- delivery and/or new manufacture.
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Defects of Quality. 9.1 The customer must examine the objects of performance immediately upon receipt and notify us of any defect discovered without delay, but within two weeks at the latest. This does particularly apply to obvious transport damages, as well as differences in identity and quantity. If the customer fails to notify us, the objects of performance are approved, tak- ing the defect in question into consideration, insofar as it is not a matter of a hidden defect. The regulations of Section 377 HGB (German Com- mercial Code) apply in all other respects.
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Defects of Quality. 8.1 If a defect of quality exists at the time of passing of risk, we cure the defect by means of remedy or subsequent delivery.
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Defects of Quality. 9.1 As a defect under the terms of these GTCB qualifies only a defect which (i) can be documented and reproduced and (ii) causes a deviation in function and performance when the software is used as foreseen, which prevents or significantly interferes with use of the software. Deviations that do not prevent or significantly interfere with use of the software therefore do not qualify as defects under the terms of the GTCB.
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Defects of Quality. 9.1 Warranty claims for parts intended for automobiles or com- mercial vehicles shall expire within 24 months as of first- time registration of the vehicle or installation of the spare part, but no later than after 30 months as of delivery to us. For all other parts and delivery items, the warranty claims shall expire after 24 months as of delivery to our customers, unless other periods have been expressly stipulated in writ- ing.
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Defects of Quality. 6.1 All parts that turn out to be defective due to circumstances prior to the risk transfer will be rectified or replaced with flawless parts, as the Seller might decide. The detection of such defects shall without delay be reported to the Seller in writing. Replaced parts shall become property of the Seller. At the request of the Seller, replaced parts shall be sent back to the Seller on a "freight paid" basis. In the event of a justified defect notice, the Seller will refund the costs of the most inexpensive shipping method; this does not apply if the costs are higher because the delivered item is located at a location other than the location of the intended use.
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Related to Defects of Quality

  • COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL REGULATIONS The Contractor, it’s Subcontractors, and their respective employees, shall comply fully with all applicable federal, state, and local health, safety, and environmental laws, ordinances, rules and regulations in the performance of the services, including but not limited to those promulgated by the City and by the Occupational Safety and Health Administration (OSHA). In case of conflict, the most stringent safety requirement shall govern. The Contractor shall indemnify and hold the City harmless from and against all claims, demands, suits, actions, judgments, fines, penalties and liability of every kind arising from the breach of the Contractor’s obligations under this paragraph.

  • Security and Safety A. The Contractor warrants it is and shall remain in compliance with all applicable local, state and federal laws, regulations, codes and ordinances relating to fire, construction, building, health, food service and safety, including but not limited to the Hotel and Motel Fire Safety Act of 1990, Public Law 101-391. The Judicial Council may terminate this Agreement, pursuant to the termination for cause provision set forth herein, without penalty or prejudice if the Contractor fails to comply with the foregoing requirements.

  • CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS The undersigned (authorized official signing for the contracting organization) certifies that the contractor will, or will continue to, provide a drug-free workplace in accordance with 45 CFR Part 76 by:

  • BREACH DISCOVERY AND NOTIFICATION 23 1. Following the discovery of a Breach of Unsecured PHI, CONTRACTOR shall notify 24 COUNTY of such Breach, however both parties agree to a delay in the notification if so advised by a 25 law enforcement official pursuant to 45 CFR § 164.412.

  • Compliance with Governmental Regulations Landlord and Tenant shall comply with all rules, regulations and requirements promulgated by national, state or local governmental agencies or utility suppliers concerning the use of utility services, including any rationing, limitation or other control. Tenant shall not be entitled to terminate this Lease nor to any abatement in rent by reason of such compliance.

  • COMPLIANCE WITH NEW YORK STATE INFORMATION SECURITY BREACH AND NOTIFICATION ACT Contractor shall comply with the provisions of the New York State Information Security Breach and Notification Act (General Business Law Section 899-aa; State Technology Law Section 208).

  • Waiver of Anti-dilution Protection Sponsor hereby waives, and agrees not to exercise, assert or claim, to the fullest extent permitted by applicable Law, the ability to adjust the Initial Conversion Ratio (as defined in the SPAC Memorandum and Articles of Association) pursuant to and in compliance with Article 18.3 of the SPAC Memorandum and Articles of Association in connection with the Transactions.

  • Contracting Information Requirements Contractor represents and warrants that it will comply with the requirements of Section 552.372(a) of the Texas Government Code. Except as provided by Section 552.374(c) of the Texas Government Code, the requirements of Subchapter J (Additional Provisions Related to Contracting Information), Chapter 552 of the Government Code, may apply to the Contract and the Contractor agrees that the Contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter.

  • Accessibility Requirements Under Tex. Gov’t Code Chapter 2054, Subchapter M, and implementing rules of the Texas Department of Information Resources, the System Agency must procure Products and services that comply with the Accessibility Standards when those Products are available in the commercial marketplace or when those Products are developed in response to a procurement solicitation. Accordingly, Grantee must provide electronic and information resources and associated Product documentation and technical support that comply with the Accessibility Standards.

  • Export Requirements The Program, Documentation and all related technical information or materials are subject to export controls and U.S. Government export regulations. You will comply strictly with all legal requirements established under these controls and will not, in connection with its limited evaluation rights hereunder, export, re-export, divert, transfer or disclose, directly or indirectly the Program, Documentation and any related technical information or materials without the prior approval of the U.S.

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