Common use of Hidden defects Clause in Contracts

Hidden defects. 5.4.1. The Customer must inform Kadonation of any hidden defect by e-mail to the address ▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ no later than two (2) Business Days after it has/should have been detected, and in any case within twelve (12) months upon delivery, at the risk of forfeiture. 5.4.2. Under penalty of disallowance of the complaint, the Customer: - Must be able to prove that it has ceased the use of the Products immediately after detection of the hidden defect; - Must be able to prove that the defect was not a result of attempted money laundering and/or credit card fraud with the Products; - Must be able to prove it has used the Products in accordance with the documentation available on the Platform, the Website and/or the Products; and; - Shall assist Kadonation as much as possible with its investigation of the complaint. 5.4.3. Kadonation shall check and examine the Products and investigate the complaint within ten (10) Business Days of receiving (a sample of) the defective Product. The cost of such examinations shall be payable by Kadonation only to the extent the claim of the defect is found to be legitimate. If the claim is illegitimate, the Customer will reimburse all costs of examination. 5.4.4. Kadonation cannot be held liable for, nor does it warrant defects caused by: - Normal wear and tear, incorrect/improper treatment or maintenance, external influences, force majeure and/or hardship; - An act of the Customer or a third party, regardless of whether these were caused by a fault or negligence. 5.4.5. Physical return of the defective Products requires prior written approval by Kadonation. In absence of its approval, all returned shipments will be refused and the costs arising thereof shall be passed on to the Customer.

Appears in 1 contract

Sources: Terms and Conditions

Hidden defects. 5.4.1. The Customer must inform Kadonation ▇▇▇▇▇▇▇▇▇▇ of any hidden defect by e-mail to the address ▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ no later than two (2) Business Days after it has/should have been detected, and in any case within twelve (12) months upon delivery, at the risk of forfeiture. 5.4.2. Under penalty of disallowance of the complaint, the Customer: - Must must be able to prove that it has ceased the use of the Products immediately after detection of the hidden defect; - Must must be able to prove that the defect was not a result of attempted money laundering and/or credit card fraud with the Products; - Must must be able to prove it has used the Products in accordance with the documentation available on the Platform, the Website and/or the Products; and; - Shall shall assist Kadonation as much as possible with its investigation of the complaint. 5.4.3. Kadonation shall check and examine the Products and investigate the complaint within ten (10) Business Days of receiving (a sample of) the defective Product. The cost of such examinations shall be payable by Kadonation only to the extent the claim of the defect is found to be legitimate. If the claim is illegitimate, the Customer will reimburse all costs of examination. 5.4.4. Kadonation cannot be held liable for, nor does it warrant defects caused by: - Normal normal wear and tear, incorrect/improper treatment or maintenance, external influences, force majeure and/or hardshipForce Majeure and Hardship; - An an act of the Customer or a third party, regardless of whether these were caused by a fault or negligence. 5.4.5. Physical return of the defective Products requires prior written approval by Kadonation. In absence of its approval, all returned shipments will be refused and the costs arising thereof shall be passed on to the Customer.

Appears in 1 contract

Sources: Terms and Conditions