Common use of Defects Clause in Contracts

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. 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 PS 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.