Rights in case of defects Sample Clauses

Rights in case of defects. (1) The Software provided by PTW shall be substantially in accordance with the product description. Rights in case of defects shall be excluded in the case of minor or immaterial deviations from the agreed or assumed characteristics or in the case of just slight impairment of use. Product descriptions shall not be deemed guaranteed unless separately agreed in writing. In respect of updates, upgrades and the delivery of new versions, Licensee’s rights in case of defects shall be limited to the new features of the update, upgrade or new version compared to the previous version release.
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Rights in case of defects. (1) If the contractually owed service is defective, the statutory provisions as determined by the following stipulations, and taking into account any agreements on performance, stability and availability (“Service Level Agreement” or “SLA”), shall apply.
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Rights in case of defects. 1. If the purchaser is a merchant in accordance with Art. 1 HGB [Commercial Code], he must have properly fulfilled his obligations to inspect the goods received and to give notice of defects in accordance with Art. 377 HGB in order to be able to assert any rights due to defects.
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Rights in case of defects. In case of defects other than defects in title [Rechtsmängel], AvePoint shall at its option and within a reasonable time after receiving notification from Customer of defects detected in the Licensed Property (i) rectify the defects, (ii) replace the defective Licensed Property with a replacement offering substantially similar functionality, or (iii) reveal adequate and reasonable ways to work around the effects of the defect. If such efforts fail, Customer shall have the right to rescind the affected delivery or request a reasonable reduction of the Licence fee paid to AvePoint for the affected delivery. AvePoint shall pay any damages and reimburse expenditure incurred in vain due to a defect within the limits as defined in Section 6. 5.3
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Rights in case of defects. 5.1 Any warranty rights are subject to the due fulfilment of your obligation to inspect the Soft- xxxx upon receipt and, where applicable, submit notification of defects pursuant to section 377 HGB [German Commercial Code]. Inspection of the Software by you shall be effected no later than 10 working days after the Software has been delivered to you. Defects must be notified in writing with a comprehensible description of the error symptoms, as far as possible evidenced by written recordings, hard copies or other documents demonstrating the defects. The notifica- tion of the defect should enable the reproduction of the error.
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Rights in case of defects. 5.1 Any warranty rights are subject to the due fulfilment of your obligation to inspect the Software Package and the Software upon receipt and, where applicable, submit notification of defects pursuant to section 377 HGB [German Commercial Code]. Inspection of the Software by you shall be effected no later than 10 working days after the Software has been delivered to you. Defects must be notified in writing with a comprehensible description of the error symptoms, as far as possible accompanied by evidence, namely written recordings, hard copies or other documents demonstrating the defects. The notification of the defect should enable the reproduction of the error.
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Related to Rights in case of defects

  • RECTIFICATION OF DEFECTS 27.1 The Purchaser shall within 14 (fourteen) days after the Contractual Occupation Date notify the Seller in writing by way of a snaglist of all or any defects in the Unit, failing which the Purchaser shall be deemed to have accepted the Unit in good order and condition. Only ONE snaglist shall be considered. The Seller shall within a reasonable time thereafter at its cost repair all such defects and the Seller undertakes to rectify all latent and/or patent defects which become apparent to the Purchaser within 3 (three) calendar months from the Contractual Occupation Date and which is the result of defective materials and/or workmanship.

  • Correction of Defects 35.1 The Engineer shall give notice to the Contractor of any Defects before the end of the Defects Liability Period, which begins at Completion and is defined in the Contract Data. The Defects Liability Period shall be extended for as long as Defects remain to be corrected.

  • Notice of Defects If, based on Consulting Engineer/Architect's involvement during the construction phase, Consulting Engineer/Architect observes or otherwise becomes aware of any defect in the work, he shall give prompt written notice to City of such defects and their approximate location on the Project. However, Consulting Engineer/Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions, inspections and programs in connection with the work, since these are solely the Contractor's responsibility under the contract for construction. Consulting Engineer/Architect shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the Contract Documents. Consulting Engineer/Architect shall not have control over or charge of acts or omissions of the Contractor, Contractor's subcontractors, or their agents or employees.

  • Inspection and Rejection of Nonconforming Goods (a) Buyer shall inspect the goods within five days of receipt (“Inspection Period”). Xxxxx will be deemed to have accepted the goods unless it notifies Seller in writing of any Nonconforming Goods during the Inspection Period and furnishes documentation reasonably required by Seller. “

  • Retention or Repurchase of Assets Essential to Receiver (a) The Receiver may refuse to sell to the Assuming Institution, or the Assuming Institution agrees, at the request of the Receiver set forth in a written notice to the Assuming Institution, to assign, transfer, convey, and deliver to the Receiver all of the Assuming Institution's right, title and interest in and to, any Asset or asset essential to the Receiver as determined by the Receiver in its discretion (together with all Credit Documents evidencing or pertaining thereto), which may include any Asset or asset that the Receiver determines to be:

  • Warranty Against Defects Subdivider shall warrant all Subdivision public improvements to be free from defects and shall make all necessary repairs or modification to the Subdivision for a period of Three (3) years from acceptance of dedication of public improvements of the final phase of the Subdivision by the City of Avon. If the Subdivider fails to meet the warranty obligations in a timely manner, the City of Avon may contract with any other party for the necessary work or use its own employees to perform the work and to be reimbursed by the Subdivider or, if sufficient funds are available, to draw upon the financial guarantees provided in this Agreement.

  • COMPLETION OF MEET AND NEGOTIATION 24.1 During the term of this Agreement, the Association expressly waives and relinquishes the right to meet and negotiate and agrees that the District shall not be obligated to meet and negotiate with respect to any subject or matter whether referred to or covered in this Agreement or not, even though each subject or matters may not have been within the knowledge or contemplation of either or both the District or the Association at the time they met and negotiated on and executed this Agreement, and even though such subjects or matters were proposed and later withdrawn.

  • Procedure for taking possession The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within two months from the date of issue of occupancy certificate. [Provided that, in the absence of local law, the conveyance deed in favour of the allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy certificate]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfilment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be after the issuance of the completion certificate for the project. The promoter shall hand over the occupancy certificate of the apartment/plot, as the case may be, to the allottee at the time of conveyance of the same.

  • WAIVER IN CASE OF EMERGENCY Section 34.1. In cases of emergency declared by the President of the United States the Governor of the State of Ohio, the Sheriff or Federal or State Legislature or the President of the University, such as acts of God or civil disorder, the following conditions of this Agreement may be temporarily suspended by the Employer:

  • Notice for Technological Change This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from "technology" in accordance subparagraph (1) of paragraph (a) of subclause (i)

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