Common use of Defects Clause in Contracts

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. 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.