Common use of Product Warranty Claims Clause in Contracts

Product Warranty Claims. Defects in deliverables which affect the designated use not only insignificantly authorize the Customer to enforce warranty claims. The Customer has at first only the right of supplementary performance within a reasonable period of time. The supplementary performance contains at sole discretion of HPE either rectification of defects or delivery of a new product. The interests of the Customer will be considered appropriately. If the supplementary performance fails or is not realizable because of other reasons the Customer may terminate the Order according to clause 22. Compensation for damages or reimbursement of expenses are excluded in the case of warranty claims, un- less stated otherwise in clause 19. However HPE has to pay all expenses which are neces- sary for the supplementary performance as far as the expenses are not based on the fact that the products were shipped to another place than the place of delivery afterwards, unless the shipping is in accordance with the normal use of the products. Any warranty claim will expire if any possible defect is based on the fact that the Customer or any third party, changes products without prior approval of HPE, has used or repaired them im- properly, or products were installed, operated or maintained not in accordance with HPE guidelines. The Customer has to report defects immediately to HPE upon written notice. If the complain of defects is carried out wrongly HPE is entitled to ask the Customer for compensation of the occurred expenses of HPE. For warranty claims exists a limitation period of one year starting with the day of delivery or if applicable with the conclusion of the installation or (if the Customer delays the installation of HPE) at the latest 30 days after the delivery date.

Product Warranty Claims. Defects in deliverables which affect the designated use not only insignificantly in- significantly authorize the Customer to enforce warranty claims. The Customer has at first only the right of supplementary performance within a reasonable period of time. The supplementary performance contains at sole discretion of HPE Entco either rectification of defects or delivery of a new product. The interests of the Customer will be considered appropriately. If the supplementary performance per- formance fails or is not realizable because of other reasons the Customer may terminate withdraw from the Order according to clause 22without any costs (withdrawal). Compensation for damages or reimbursement of expenses are excluded in the case of warranty claims, un- less unless stated otherwise in clause 1921. However HPE Entco has to pay all expenses which are neces- sary necessary for the supplementary performance as far as the expenses are not based on the fact that the products were shipped to another place than the place of delivery afterwards, unless the shipping is in accordance with the normal use of the products. Any warranty claim will expire if any possible defect is based on the fact that the Customer Cus- tomer or any third party, changes products without prior approval of HPEEntco, has used or repaired them im- properlyimproperly, or products were installed, operated or maintained not in accordance with HPE Entco guidelines. The Customer has to report defects immediately to HPE Entco upon written notice. If the complain of defects is carried out wrongly HPE Entco is entitled to ask the Customer for compensation of the occurred expenses of HPEEntco. For warranty claims exists a limitation period of one year starting with the day of delivery or if applicable with the conclusion of the installation or (if the Customer delays the installation of HPEEntco) at the latest 30 days after the delivery date.

Product Warranty Claims. Defects in deliverables which affect the designated use of HPE hard- ware or HPE software or of specific deliverables defined in the Supporting Material not only insignificantly authorize the Customer to enforce warranty claims. The Customer has at first only the right of supplementary performance within a reasonable reason- able period of time. The supplementary performance contains at sole discretion of HPE either rectification of defects or delivery of a new product. The interests of the Customer will be considered appropriately. If the supplementary performance fails or is not realizable because of other reasons the Customer may terminate withdraw from the Order according to clause 22without any costs (withdrawal). Compensation for damages or reimbursement reimburse- ment of expenses are excluded in the case of warranty claims, un- less unless stated otherwise oth- erwise in clause 1933. However HPE has to pay all expenses which are neces- sary necessary for the supplementary performance as far as the expenses are not based on the fact that the products were shipped to another place than the place of delivery afterwards, unless the shipping is in accordance with the normal use of the productsprod- ucts. Any warranty claim will expire if any possible defect is based on the fact that the Customer or any third party, changes products without prior approval of HPE, has used or repaired them im- properlyimproperly, or products were installed, operated or maintained not in accordance with HPE guidelines. The Customer has to report defects immediately to HPE upon written notice. If the complain of defects is carried car- ried out wrongly HPE is entitled to ask the Customer for compensation of the occurred oc- curred expenses of HPE. For warranty claims exists a limitation period of one year starting with the day of delivery or if applicable with the conclusion of the installation installa- tion or (if the Customer delays the installation of HPE) at the latest 30 days after the delivery date.

Product Warranty Claims. Defects in deliverables which affect the designated use not only insignificantly insignificant- ly authorize the Customer to enforce warranty claims. The Customer has at first only the right of supplementary sup- plementary performance within a reasonable period of time. The supplementary performance contains at sole discretion of HPE HP either rectification of defects or delivery of a new product. The interests of the Customer will be considered appropriately. If the supplementary performance fails or is not realizable because of other reasons the Customer may terminate the Order according to clause 22. Compensation for damages or reimbursement of expenses are excluded in the case of warranty claims, un- less unless stated otherwise in clause 19. However HPE HP has to pay all expenses which are neces- sary necessary for the supplementary performance as far as the expenses are not based on the fact that the products were shipped to another place than the place of delivery afterwards, unless the shipping is in accordance with the normal use of the products. Any warranty claim will expire if any possible defect is based on the fact that the Customer or any third party, changes products without prior approval of HPEHP, has used or repaired them im- properlyimproperly, or products were installed, operated or maintained not in accordance with HPE HP guidelines. The Customer has to report defects immediately to HPE HP upon written notice. If the complain of defects is carried out wrongly HPE HP is entitled to ask the Customer for compensation of the occurred expenses of HPEHP. For warranty war- ranty claims exists a limitation period of one year starting with the day of delivery or if applicable with the conclusion of the installation or (if the Customer delays the installation of HPEHP) at the latest 30 days after the delivery date.

Product Warranty Claims. Defects in deliverables which affect the designated use not only insignificantly authorize the Customer to enforce warranty claims. The Customer has at first only the right of supplementary performance within a reasonable period of time. The supplementary performance contains at sole discretion of HPE either rectification of defects or delivery of a new product. The interests of the Customer will be considered appropriately. If the supplementary performance fails or is not realizable because of other reasons the Customer may terminate the Order according to clause 22. Compensation for damages or reimbursement of expenses are excluded in the case of warranty claims, un- less unless stated otherwise in clause 19. However HPE has to pay all expenses which are neces- sary necessary for the supplementary performance as far as the expenses are not based on the fact that the products were shipped to another place than the place of delivery afterwards, unless the shipping is in accordance with the normal use of the products. Any warranty claim will expire if any possible defect is based on the fact that the Customer or any third party, changes products without prior approval of HPE, has used or repaired them im- properlyimproperly, or products were installed, operated or maintained not in accordance with HPE guidelines. The Customer has to report defects immediately to HPE upon written notice. If the complain of defects is carried out wrongly HPE is entitled to ask the Customer for compensation of the occurred expenses of HPE. For warranty claims exists a limitation period of one year starting with the day of delivery or if applicable with the conclusion of the installation or (if the Customer delays the installation of HPE) at the latest 30 days after the delivery date.

Product Warranty Claims. Defects in deliverables which affect the designated use of HPE hardware or HPE software or of specific deliverables defined in the Supporting Material not only insignificantly insig- nificantly authorize the Customer to enforce warranty claims. The Customer has at first only the right of supplementary performance within a reasonable period of time. The supplementary sup- plementary performance contains at sole discretion of HPE either rectification of defects or delivery of a new product. The interests of the Customer will be considered appropriatelyappropri- ately. If the supplementary performance fails or is not realizable because of other reasons the Customer may terminate withdraw from the Order according to clause 22without any costs (withdrawal). Compensation Compensa- tion for damages or reimbursement of expenses are excluded in the case of warranty claims, un- less unless stated otherwise in clause 1933. However HPE has to pay all expenses which are neces- sary necessary for the supplementary performance as far as the expenses are not based on the fact that the products were shipped to another place than the place of delivery afterwards, unless the shipping is in accordance with the normal use of the products. Any warranty claim will expire if any possible defect is based on the fact that the Customer or any third party, changes products without prior approval of HPE, has used or repaired them im- properlyimproperly, or products were installed, operated or maintained not in accordance with HPE guidelines. The Customer has to report defects immediately to HPE upon written notice. If the complain of defects is carried out wrongly HPE is entitled to ask the Customer Cus- tomer for compensation of the occurred expenses of HPE. For warranty claims exists a limitation period of one year starting with the day of delivery or if applicable with the conclusion of the installation or (if the Customer delays the installation of HPE) at the latest 30 days after the delivery date.

Product Warranty Claims. Defects in deliverables which affect the designated use not only insignificantly authorize the Customer to enforce warranty claims. The Customer has at first only the right of supplementary performance within a reasonable reason- able period of time. The supplementary performance contains at sole discretion of HPE either rectification of defects or delivery of a new product. The interests of the Customer will be considered appropriately. If the supplementary performance fails or is not realizable because of other reasons the Customer may terminate withdraw from the Order according to clause 22without any costs (withdrawal). Compensation for damages or reimbursement reimburse- ment of expenses are excluded in the case of warranty claims, un- less unless stated otherwise oth- erwise in clause 1921. However HPE has to pay all expenses which are neces- sary necessary for the supplementary performance as far as the expenses are not based on the fact that the products were shipped to another place than the place of delivery afterwards, unless the shipping is in accordance with the normal use of the productsprod- ucts. Any warranty claim will expire if any possible defect is based on the fact that the Customer or any third party, changes products without prior approval of HPE, has used or repaired them im- properlyimproperly, or products were installed, operated or maintained not in accordance with HPE guidelines. The Customer has to report defects immediately to HPE upon written notice. If the complain of defects is carried car- ried out wrongly HPE is entitled to ask the Customer for compensation of the occurred oc- curred expenses of HPE. For warranty claims exists a limitation period of one year starting with the day of delivery or if applicable with the conclusion of the installation installa- tion or (if the Customer delays the installation of HPE) at the latest 30 days after the delivery date.