Common use of Liability Claims Clause in Contracts

Liability Claims. Seller guarantees that Goods are in conformity with the specifi- cations contained in Order Con- firmation. Customer shall have communicated to Seller all neces- sary information to ensure (a) the adequate elaboration of these specifications and (b) relative to the transformation and/or the final use of Goods and recogni- zes that the Seller’s obligation of conformity is fully satisfied when these specifications have been met at the time of Delivery. Any technical advice provided by Seller, before and/or during the use of Goods, whether provided verbally or in writing or by way of trials is given in good faith but without any warranty on the part of Seller. Seller’s advice shall not release Customer from his obli- gation to test Goods supplied by Seller as to their suitability for the intended processes and uses. The use and processing of Goods are undertaken solely at Customer’s risk. Undetectable defects at delivery must be notified to Seller in wri- ting within 8 days upon disco- very, by registered letter return receipt requested and/or by PEC (certified mail), but, in any event, no later than 6 months after De- livery (Customer having the obli- gation to inspect Goods thorou- ghly during the above mentioned period). The notification of defects and faults has to be supported with documents proving the claim ju- stification. Goods shall not be considered by Seller as defective when the de- fect claimed by Customer does not exceed a value of one hun- dred Euro per Seller’s delivery xx- xxxxxxx. In any event, Customer (i) must fulfill its obligation of mitigation of damages (ii) is not entitled to delay the payment of any out- standing invoices. If Goods are considered by Seller as defective, then Seller is exclusively obliged, at its sole discretion, either (i) to replace or reimburse such Goods, or (ii) if the price has not already been paid by Customer, to redu- ce such price or to cancel the said contract. Seller shall not be liable for any loss of processing expen- ses, loss of production, loss of revenue and/or any other conse- quential or special loss or damage directly or indirectly sustained by Customer or by any other person whatsoever. Seller can only be held liable for damages caused by its gross negligence or willful misconduct duly proved by Cu- stomer, and Seller’s liability will in any event be limited to 100 % of the invoiced value of the defecti- ve or damaged Goods.

Liability Claims. The Seller guarantees that the Goods are in conformity with the specifi- cations specifications contained in the Order Con- firmationConfirmation. The Customer shall have communicated to the Seller all neces- sary necessary information to ensure (a) the adequate elaboration of these specifications and (b) information relative to the transformation processing and/or the final use of Goods the Goods; and recogni- zes the Customer recognizes that the Seller’s obligation of conformity proper performance is fully satisfied when these specifications have been met at the time of Delivery. Any technical advice provided by the Seller, before and/or during the use of the Goods, whether provided verbally or in writing or by way of trials trials, is given in good faith but without any warranty on the part of the Seller. The Seller’s advice shall not release the Customer from his obli- gation its obligation to test the Goods supplied by the Seller as to their suitability for the intended processes and uses. The use and processing of the Goods are undertaken solely at the Customer’s risk. Undetectable defects Defects undetectable at delivery must be notified to the Seller in wri- ting within 8 days immediately upon disco- verydiscovery, by the registered letter return receipt requested and/or by PEC (certified mail)requested, but, in any event, no later than 6 months after De- livery the Delivery (the Customer having the obli- gation obligation to inspect the Goods thorou- ghly thoroughly during the above above-mentioned period). The notification of defects and faults has to be supported with documents proving the claim ju- stificationjustification. The Goods shall not be considered by Seller as defective by the Seller when the de- fect defect claimed by the Customer does not exceed a value of one hun- dred hundred Euro per Seller’s delivery xx- xxxxxxxthe respective delivery. In any event, the Customer (i) must fulfill fulfil its obligation of mitigation of damages (ii) to avert or mitigate the damage and is not entitled to delay the payment of any out- standing outstanding invoices. If the Goods are considered as defective by Seller as defectivethe Seller, then the Seller is exclusively obliged, at its sole discretion, either (i) to replace or reimburse such Goods, or (ii) or, if the price has not already been paid by Customerthe Customer yet, to redu- ce reduce such price or to cancel the said contractContract. The Seller shall not be liable for any loss of profit, loss of processing expen- sesexpenses, loss of production, loss of revenue and/or any other conse- quential consequential or special loss or damage damages directly or indirectly sustained by the Customer or by any other person whatsoever. The Seller can only be held liable for damages caused by its gross negligence or willful wilful misconduct duly proved by Cu- stomerthe Customer, and the Seller’s liability will in any event be limited to 100 % of the invoiced value of the defecti- ve defective or damaged Goods.

Liability Claims. Seller guarantees that Goods are in conformity with the specifi- cations specifications contained in Order Con- firmationConfirmation. Customer shall have communicated to Seller all neces- sary necessary information to ensure (a) the adequate elaboration of these specifications and (b) relative to the transformation and/or the final use of Goods and recogni- zes recognizes that the Seller’s obligation of conformity is fully satisfied when these specifications have been met at the time of Delivery. Any technical advice provided by Seller, before and/or during the use of Goods, whether provided verbally or in writing or by way of trials is given in good faith but without any warranty on the part of Seller. Seller’s advice shall not release Customer from his obli- gation obligation to test Goods supplied by Seller as to their suitability for the intended processes and uses. The use and processing of Goods are undertaken solely at Customer’s risk. Undetectable defects at delivery must be notified to Seller in wri- ting within 8 days upon disco- verydiscovery, by registered letter return receipt requested and/or by PEC (certified mail)requested, but, in any event, no later than 6 months after De- livery Delivery (Customer having the obli- gation obligation to inspect Goods thorou- ghly thoroughly during the above mentioned period). The notification of defects and faults has to be supported with documents proving the claim ju- stificationjustification. Goods shall not be considered by Seller as defective when the de- fect defect claimed by Customer does not exceed a value of one hun- dred hundred Euro per Seller’s delivery xx- xxxxxxxreference. In any event, Customer (i) must fulfill its obligation of mitigation of damages (ii) is not entitled to delay the payment of any out- standing outstanding invoices. If Goods are considered by Seller as defective, then Seller is exclusively obliged, at its sole discretion, either (i) to replace or reimburse such Goods, or (ii) if the price has not already been paid by Customer, to redu- ce reduce such price or to cancel the said contract. Seller shall not be liable for any loss of processing expen- sesexpenses, loss of production, loss of revenue and/or and/ or any other conse- quential consequential or special loss or damage directly or indirectly sustained by Customer or by any other person whatsoever. Seller can only be held liable for damages caused by its gross negligence or willful misconduct duly proved by Cu- stomerCustomer, and Seller’s liability will in any event be limited to 100 % of the invoiced value of the defecti- ve defective or damaged Goods.

Liability Claims. Seller guarantees that Goods are in conformity with the specifi- cations specifications contained in Order Con- firmationConfirmation. Customer shall have communicated c ommunicated to Seller all neces- sary necessary information to ensure (a) the adequate elaboration of these specifications and (b) relative to the transformation and/or the final use of Goods and recogni- zes recognizes that the Seller’s obligation of conformity is fully satisfied when these specifications have been met at the time of Delivery. Any technical advice provided by Seller, before and/or during the use of Goods, whether provided verbally or in writing or by way of trials is given in good faith but without any warranty on the part of Seller. Seller’s advice shall not release Customer from his obli- gation obligation to test Goods supplied by Seller as to their suitability s uitability for the intended processes and uses. The use and processing of Goods are undertaken solely at Customer’s risk. Undetectable defects at delivery must be notified to Seller in wri- ting within 8 days upon disco- verydiscovery, by registered letter return receipt requested and/or by PEC (certified mail)requested, but, in any event, no later than 6 months after De- livery Delivery (Customer having the obli- gation obligation to inspect Goods thorou- ghly thoroughly during the above mentioned period). The notification of defects and faults has to be supported with documents proving the claim ju- stificationjustification. Goods shall not be considered by Seller as defective when the de- fect defect claimed by Customer does not exceed a value of one hun- dred hundred Euro per Seller’s delivery xx- xxxxxxxreference. In any event, Customer (i) must fulfill its obligation of mitigation of damages (ii) is not entitled to delay the payment of any out- standing outstanding invoices. If Goods are considered by Seller as defective, then Seller is exclusively obliged, at its sole discretion, either (i) to replace or reimburse such Goods, or (ii) if the price has not already been paid by Customer, to redu- ce reduce such price or to cancel the said contract. Seller shall not be liable liabl e for any loss of processing expen- sesexpenses, loss of production, loss of revenue and/or and/ or any other conse- quential consequential or special loss or damage directly or indirectly sustained by Customer or by any other person whatsoeverwhat soever. Seller can only be held liable for damages caused by its gross negligence or willful misconduct duly proved by Cu- stomerCustomer, and Seller’s liability will in any event be limited to 100 % of the invoiced value of the defecti- ve defective or damaged Goods.