Liability for defects. Aptum is dependent on manufacturers and developers of the Branded Products for updates and patches, including security patches, and will have no liability to Customer, Customer’s Users or any third party with respect to security vulnerabilities inherent in the applicable Branded Products.
Liability for defects. BHJ is only liable for material defects in the goods and provided that the purchaser has complained about a material defect within the deadline set out in section 10 and the complaint is justified. If the purchaser established that BHJ can be held liable for the defects, BHJ shall in its sole discretion and as its sole obligation replace the delivery, remedy the defect, or offer the purchaser a proportional price reduction, whereupon the defect shall be deemed to be fully remedied. The purchaser is not entitled to compensation for losses including loss of business opportunities, loss of profit, loss of time or other indirect losses and BHJ's total liability is limited in accordance with section 13. Section 3 shall apply to delays in respect of replacement deliveries. If goods are used as a component or ingredient in the purchaser's products and a material defect in the goods causes damage to such products or results in a loss for the purchaser, BHJ is subject to a timely and justifiable complaint according to sections 10 and 11 liable for the purchaser's documented direct loss. The purchaser is not entitled to compensation for other losses including loss of business opportunities, loss of profit, loss of time or other indirect losses and BHJ's total loss is limited in accordance with section 13.
Liability for defects. The Partner shall warrant that its development works are free from defects. The statutory provisions applicable to contracts for work and services (Werkvertrag) – including the provisions which govern the statute of limitation – shall apply to defects.
Liability for defects. 5.1 The Customer is required to inspect the delivered Products without undue delay after delivery and to report any defects.
Liability for defects. 12.1 Supplier warrants that, during the period defined below (“Warranty Period”), the Equipment and Spare Parts will be free of defects in material and workmanship and in conformity with the agreed specifications. The Supplier also warrants that it will use reasonable skill and care in performing any Services and in providing any Software under the Contract.
Liability for defects. 6.1 A Product which is not in conformity with the agreed specification shall be considered deficient, unless the non- conformity is without significance for the intended use of the Product. The Supplier’s liability for other defects is limited to defects caused by defective construction, materials or manufacturing.
Liability for defects. We must be notified in writing within an exclusion period of 14 (fourteen) days after receipt of the goods or when storing the goods for the customer of any defects after the invoice date. We must be notified immediately in writing of any detected defects that cannot be detected within this period even after careful inspection. To the extent that there are physical or legal defects, we shall be entitled to eliminate the defect or deliver defect-free goods (subsequent performance); the choice of subsequent performance shall be at our discretion. The prerequisite for our liability is that it is not an insignificant defect. We shall be entitled to refuse them should one of the two or both types of subsequent performance be impossible or unreasonable. We may refuse the subsequent fulfilment if customer does not fulfil its payment obligations to the extent that corresponds to the defect-free portion of the performance. In the event of subsequent performance, we must bear all expenditures necessary to remove the defect, in particular costs for transportation, travel, labour and materials, provided these are not increased by the fact that the purchased item was taken to another site than the place of performance. In the event that the subsequent performance fails, customer, at its discretion, shall be entitled to lower the purchase price correspondingly (reduction) or to cancel the contract (cancellation), within the scope of the provisions of law. We shall be liable in accordance with the statutory provisions insofar as customer makes claims for damages that are a result of intent or gross negligence, including intent or gross negligence of our representatives or vicarious agents. Unless we are claimed to be in deliberate breach of contract, our liability for damages shall be limited to the foreseeable, typically occurring damages. Liability for culpable injury to life, limb or health shall remain unaffected; this shall also apply to mandatory liability in accordance with the German product liability law. To the extent not otherwise specified above, any liability shall be excluded. The period of limitation for claims for defects shall be 12 months, as from the transfer of risk. Representations and warranties shall not be deemed to have been validly given unless we have given them expressly and in writing.
Liability for defects. 6.1. Where the Product deviates from the specification agreed upon between the parties, it shall be deemed defective unless the deviation is immaterial to the intended use. The Supplier shall be liable for defects due to deficiencies in design, materials or manufacture.
Liability for defects. 7.1 Claims for defects of the customer shall require that it has orderly executed its investigation and complaint obligations.
Liability for defects. 13.1. The Supplier warrants that (i) the Services are provided with a degree of skill and care as can be considered customary in the Supplier’s industry, and that (ii) any spare parts provided by the Supplier when performing the Services are free from defects in design, material and workmanship. Any failure of the Services and any spare parts provided by the Supplier when performing the Services to conform to this warranty, subject to Clause 13.2, is hereinafter referred to as “Defect(s)”.
