Common use of MISSING Clause in Contracts

MISSING. 8.1. The Supplier shall have no liability for errors which the Customer has not corrected in writing in proofs, including prints, digital information, proofs, etc. 8.2. Oral corrections are made at the Customer's own risk. 8.3. The Supplier shall have the right to deliver quantities that vary from the ordered or quoted amount by a maximum of 10%, either upward or downward. The delivered quantity shall be invoiced at the agreed unit price. In situations where the paper or other materials for the order are produced by entities other than the Supplier, the Supplier shall be en- titled to a reasonable deviation exceeding 10% of the ordered/quoted quantity, subject to the terms and conditions set by the material sup- plier. 8.4. Upon receipt of the product or a sample thereof, the Customer shall promptly conduct an inspection. Any defects discovered during the in- spection must be promptly reported to the Supplier in writing. Any faults or defects that could not be discovered during the inspection but are subsequently discovered must also be immediately reported to the Supplier. The Supplier shall not be responsible for defects that should have been identified during the inspection, in the event of a subsequent complaint. Delayed complaint results in the Customer losing the right to assert the defects. 8.5. In the event that a defect can be rectified without causing significant hardship to the Customer, the Customer shall allow the Supplier to rec- tify the defect. 8.6. If the Customer provides the paper or other material for the delivery, the Supplier shall not be responsible for any defects or shortcomings resulting from such materials. 8.7. It is the customer's responsibility to ensure that the product can be used for the specific purpose for which it is intended. The customer is responsible for any deviating use. For FKM products, please refer to clause 9.5. 8.8. The Supplier shall not be liable for the misplacement of glued or in- serted elements if the Customer does not instruct the Supplier in writ- ing as to their placement. 8.9. The Supplier gives no guarantee for missing or duplicated numbers for deliveries including numbered works. Corrections of received material from the Customer will be invoiced. 8.10. The Supplier is not responsible for defects in the product caused by incorrect storage/handling by the Customer, as the shelf life of the product adhesive is 1/2 year from the date of production when stored at a temperature in the range 5 - 20 °C. Temperature fluctuations be- yond those specified here or increased humidity reduce the service life, for which the Supplier is not responsible. 8.11. The disclaimers referred to in this Section 8 shall not apply if the dam- age or loss is caused by the Supplier's gross negligence.

Appears in 2 contracts

Sources: Sales Contracts, Sales Contracts