Defects Musterklauseln
Defects. Der Verkäufer stellt sicher, dass die Bestellposten frei von Rechts- und Sachmängeln sind. Insbesondere stellt der Verkäufer sicher, dass alle im Rahmen dieser Bestellung gelieferten Bestellposten, einschließlich ihrer Verpackung, (1) handelsüblich sind, (2) von zufriedenstellender Qualität sind, (3) frei von Verarbeitungs- und Materialfehlern und, im Falle von Software, frei von Viren und Schadcodes sind, (4) den Bestimmungen dieser Bestellung und allen geltenden Spezifikationen, Leistungskriterien, Zeichnungen oder Mustern entsprechen, (5) asbestfrei sind und (6) soweit diese Posten nicht gemäß den genauen Gestaltungsvorgaben des Käufers hergestellt wurden, frei von Gestaltungsmängeln und für den vorgesehenen Verwendungszweck geeignet sind. Lieferungen von Ventilen und unter Druck stehenden Bauteilen für Armaturen müssen ggf. gemäß der Druckgeräterichtlinie 2014/68/EU erfolgen. Die Zustimmung des Käufers zu Gestaltungsvorlagen des Verkäufers oder die Zustimmung zum „Ersten Artikel“ des Verkäufers befreit den Verkäufer nicht von seinen Pflichten aus dieser Bestimmung. Die vorstehenden Bestimmungen gelten zusätzlich zu allen anderen Rechten, die dem Käufer im Rahmen dieser Vereinbarung oder kraft Gesetzes zustehen, und stellen keinen ausdrücklichen oder konkludenten Verzicht auf Rechte des Käufers dar. Seller shall ensure that the Ordered Items are free from defects in quality and title. In particular, Seller shall ensure that all Ordered Items delivered under this Purchase Order, in- cluding packaging: (1) will be merchantable, (2) will be of satisfactory quality, (3) will be free from defects in workmanship and material, and in the case of software will be free from disa- bling or malicious code, (4) will comply with the terms of this Purchase Order and all applicable specifications, performance criteria, drawings or samples, (5) will not contain asbestos in any form, and, (6) to the extent such items are not manufactured pursuant to detailed designs fur- nished by Buyer, will be free from defects in design and suitable for their intended use. Deliv- eries of valves and pressure components of valves must be in compliance with Pressure Equip- ment Directive 2014/68/EU, if applicable. Buyer's approval of designs furnished by Seller or any approval of Seller's "First Article" shall not relieve Seller of its obligations under this provision. The aforesaid provisions shall apply in addition to all other rights to which ▇▇▇▇▇ is entitled under this Agreement o...
Defects. 8.1 Among other things, CABKA is involved in the manufacture of products from recycled (mixed) plastics. Such materials are not sorted by type. They contain a wide variety of plastic components and other impurities. In spite of constant quality controls, the me- chanical characteristics of the recycled raw materials used are subject to severe fluctuations, due to the fluctuating composition of the raw material. This also applies to the varying content of foreign substances (metal inclusions, non-melted engineering plastics, etc.), which can cause the individual weight and color of the products to vary. The customer is aware of such fluctuations. It expressly approves them. None of these particular features of the raw materials shall be deemed to be a defect. As such, sam- ples and specimens available to the customer can only be re- garded as examples of condition.
8.2 Minor, insignificant deviations of the products, in particular with regard to dimensions and colors, from samples, catalogues, bro- chures and price lists, etc. or from previously delivered products, shall not be deemed to be defects.
8.3 The customer must itself check whether or not the product or- dered is suitable for the intended purpose (see section 2.2).
8.4 The wear and tear of wearing parts within the scope of normal use shall not constitute a defect.
8.5 If the customer installs the product in another object or attaches it to another object and it turns out that the product is defective, CABKA only reimburses the necessary expenses for the removal of the defective product and the installation or attachment of the repaired or delivered defect-free product if the customer has in- stalled the product in accordance with CABKA's specifications (e.g. installation instructions).
8.6 The necessary expenses pursuant to Clause 8.5 are limited in amount to the purchase price of the defective products.
8.7 CABKA reserves the right to remove the defective products and install the defect-free products itself. The customer may only re- move the defective products and install the defect-free products with the prior written consent of CABKA or instruct third parties to do so.
8.8 Claims based on defects shall be time-barred within one year in the case of newly manufactured delivered goods. Apart from that, the provisions of § 444 and § 479 of the German Civil Code (Bürgerliches Gesetzbuch) shall remain unaffected.
Defects. Our deliveries shall be checked on receipt, whether they conform to the contract. Short or false deliveries and any defects must be reported to us in writing within 14 days after receiving the goods or at the latest 14 days after discovering the defect in the case of latent defects. Failure to meet this defect notification may void the purchaser's rights resulting from breach of warranty against defects. This purchaser's rights resulting from breach of warranty against defects are statute-barred after 12 months from the date of transfer of risk. The shortened period of limitation shall exclude any claims for damages resulting from injury to life, limb or health or for damages caused by intent or gross negligence. These cases shall be ruled by the statutory period of limitation. Justifiably rejected goods will be replaced or repaired at our discretion free of charge within a reasonable period (subsequent fulfilment). The purchaser can withdraw from the contract or reduce the purchase price, if subsequent fulfilment fails or is impossible. Any additional costs relating to the extended subsequent fulfilment within the meaning of § 439 para. 3 BGB (German Civil Code) shall only be reimbursed in terms of reason and amount within the scope of paragraph b).
Defects. 12.1 The products delivered by us are to be checked by the customer for defects immediately upon delivery (delivery see point 4.1) and possible defects must be reported without delay and in detail. The notification of a defect must be made in writing (also by fax or by e-mail). Defects, which are only shown later, are to be reported in the same way immediately after their discovery.
12.2 The customer shall bear the responsibility for the proper installation, in particular with regard to the intended use, taking into consideration the USER MANUAL installation instructions provided by HS GmbH (including safety instructions, installation instructions, programming instructions and operating instructions).
12.3 In case of rectifiable defects, we are entitled to repair, improve, supplement the defect, replace the defective products / product parts at our discretion. Any further claims against us, in particular rights for conversion, damages and/or replacements, as well as for the loss of profits and claims from possible consequential damages are excluded.
12.4 In the event of irremediable defects, we are entitled to offer the exchange of the defective products or a reverse transaction with a credit note at our discretion. Any further claims against us, damage claims or claims for possible consequential damages are excluded.
Defects. The supplier shall endeavour to take the required due care and attention. In addition all his products and services must fulfil all the expressly warranted characteristics. Thereupon he is liable for the qualitative well being of the application within the perimeters communicated by the customer in writing before conclusion of the contract. Excluded from liability for defects are faults and malfunctions that are not the responsibility of the supplier, like natural wear and tear, acts of god, inappropriate handling, encroachment by the customer or a third party, undue demands, unsuitable means of production, disruptions caused by other machines and equipment, instable electrical supply, particular climatic conditions, or unusual environmental influences. The customer shall make no claims for negligible defects. Negligible defects are namely those that do not affect the application of products and services. In cases of substantial defects the customer shall grant the supplier an appropriate time extension for their elimination (correction or spare parts delivery). The supplier shall eliminate the defects as he sees fit, at his own premises or that of the customer, who must facilitate access for the purpose. The costs for disassembly and assembly, transport, packaging, travelling and accommodation are to be borne by the customer. Spare parts will be the property of the supplier. The warranty period and statutory period of limitations are twelve months. These will not be discontinued in the event of a defect being recognised or eliminated.
Defects. 12.1. We guarantee that the subject matter of the contract is free of defects with regard to the agreed specification. A defect shall not be deemed to exist in the event of only insignificant deviation from the agreed quality or in the event of only insignificant impairment of usa- bility. A use assumed under the contract shall only be considered if this has been agreed in writing.
12.2. When delivering new items, we shall only be liable for defects that become apparent within 12 months after delivery.
12.3. The defect must have been present at the time of transfer of risk. The customer bears the burden of proof for this.
12.4. Liability for material defects is excluded for the delivery of used items. This shall not apply in the event of a fraudulently concealed defect or the breach of a guarantee. In all other respects, the contrac- tual claims of the customer shall remain unaffected even in the case of the delivery of used items.
12.5. The customer must inspect delivered items immediately upon receipt and notify us immediately of any recognizable defects. If the customer fails to notify us of defects without delay, our delivery shall be deemed to have been approved, unless the defect was not recog- nizable during the inspection. The customer must also notify us of de- fects that were not initially recognizable immediately after becoming aware of them; otherwise the delivery shall also be deemed approved with regard to these defects. Otherwise, § 377 HGB applies.
12.6. Notifications of defects must be made in writing.
12.7. The customer is obliged to secure evidence of the defects and to give us the opportunity to inspect them. If the customer fails to com- ply with this obligation, the delivery shall be deemed approved.
12.8. If the delivery items are further processed after delivery, we shall not be liable for any defects that were recognizable during a reasona- ble incoming goods inspection and examination at the customer's premises or at the premises of another recipient specified in the con- tract. This shall not apply if we act with intent or gross negligence.
12.9. If special quality requirements are specified (e.g. in the area of heat resistance and bending processes, dimensional accuracy, coat- ing, etc.), this must be expressly stated in the order. If the information is missing, we shall not be liable for these quality requirements. In particular, we are only liable for dimensional accuracy if exact specifi- cations were agreed.
12.10. We are on...
Defects. Complaints are to be made within eight days after receipt of the goods. In the event of justifiable quality complaints we shall be entitled to eigher repair the defects or to take goods back by crediting the purchaser with the invoiced amount or to make gratuitous replacement within a reasonable time or to credit the purchaser with the sum corresponding to the depreciation of the goods. Any further claims arising from liability for defects shall be excluded. The same applies to any kind of damages unless they refer to the absence of a guaranteed property of in the event of intentional or grossly negligent breach of contract. Parts which have already been used, especially if they have been built in, are excluded from exchange.
Defects. 6.1 The delivery item shall comply with the specifications specified by J-PM and with the applicable DIN, VDE and similar regulations. The supplier warrants that the delivery item has no defects affecting its value or its suitability, and that it complies with the qualities/properties specified in the terms and conditions, as well as with the warranted characteristics, the generally accepted rules of technology, the latest regulations of the competent
6.2 The supplier shall carry out an effective quality assurance program, maintain it and furnish proof to J-PM upon request. J-PM may, at any time, check the quality assurance procedures carried out by the supplier.
6.3 If the delivery item does not meet the contractually agreed-upon quality and/or quantity, J-PM may, at its option, exercise its rights. Subject to the modification of Article 377 of the German Commercial Code (HGB), J-PM reserves the right to file a complaint for a period of two weeks from receipt of the goods or discovery of hidden defects.
6.4 Unless otherwise agreed, the period of limitation is two years after acceptance of the delivery by J-PM.
6.5 In the case of complaints, the period of limitation for defects is extended by the period of time between the notice of defect and the complete removal of the defect. If the delivery item is replaced, the limitation period begins again. In the case of a partial renewal, this applies to the renewed parts. If a defect could only be determined through an analysis, J-PM is entitled to charge the supplier for this. Insofar as the analyses refer to the delivery item, J-PM may charge the costs of the analyses to the supplier; this does not apply if the supplier is not responsible for the defect. Furthermore, Article 203 of the German Civil Code (BGB) applies after the sending of the notification of defect by J-PM.
6.6 Supplementary performance shall be deemed to have failed if the first attempt of supplementary performance fails. The parts objected to by J-PM due to defects shall remain in the contractually stipulated possession of J-PM until the defect has been remedied.
6.7 In urgent cases as well as in the case of default or failure of the supplier in carrying out subsequent performance, J-PM may remedy the deficiencies at the expense of the supplier. The defective items shall always be returned at the supplier's expense.
Defects. The Client will notify the Contractor of any defects in the contractual item (delivery) promptly upon discovery during proper operation. The Contractor waives the objection of late notification of defects, unless the defect is obvious.
Defects. For defects, we shall be liable as follows:
6.1 The Buyer agrees with us that in case of a claim for supplementary performance (subsequent improvement or additional delivery) the most cost-effective alternative shall be chosen, provided that the Buyer suffers no disadvantage thereby.
6.2 Claims for defects shall be subject to a limitation period of twelve (12) months from the date of passing of risk (Article 5). This shall not apply insofar as pursuant to § 438 Para 1, clause 2 BGB (buildings and objects used in buildings), § 479 Para 1 BGB (right of recourse), § 634a BGB (construction defects) and § 438 Para 2 BGB (fraudulent intent) provide for longer periods and in cases of a liability for damage from injury to life, body or health as well as in cases of a liability for damage arising from an intentional or grossly negligent breach of duty.
6.3 The Buyer shall notify us immediately in writing of defects, but at the latest within seven days after performance (obvious defects) or date of discovering the defect. Otherwise claims based on defects will be excluded. We disagree with any restriction of Buyers legal obligations to investigate the goods and to complaint (especially pursuant to § 377 HGB (German Commercial Code).
6.4 In the event of a notice of defects, the Buyer may withhold payments solely in an amount which is reasonably commensurate with the defects which have occurred. The Buyer may withhold payments only if a notice of defects is justified beyond any doubt. If a notice of defect is not justified, we are entitled to compensation from the Buyer for the expenses we thereby incurred.
6.5 First we shall always be given the opportunity to provide supplementary performance within a reasonable period of time.
6.6 Supplementary performances pursuant to § 439 Para 1 BGB (German Civil Code) will be carried out by us for obligingness and without prejudice only, unless we have reached a different agreement with the Buyer or we have accepted claims of supplementary performances before or in connection with supplementary performances explicitly.
6.7 There is no entitlement to claims based on defects
(a) due to natural wear and tear,
(b) due to problems and/or damage that occurs after the passage of risk as a result of incorrect or negligent handling,
(c) due to problems and/or damage that occurs after the passage of risk as a result of excessive strain and/or unsuitable working materials,
(d) due to problems and/or damage that occurs as a result of specia...