Common use of Liability for Defects Clause in Contracts

Liability for Defects. a. The deliveries or services must conform to the specifications and other details, such as standards and other documents, stipulated in the purchase order. The deliveries and services must in each case conform to the generally recognized rules of technology, statutory and official safety regulations and environmental-protection regulations that apply in Germany or have already been passed with a period of transition. b. The Supplier is obliged to put in place, maintain and constantly review an outgoing goods inspection as part of its quality assurance that dispenses with the need for a good-received inspection on our part. Accordingly, a goods- received inspection takes place only in respect of obvious defects, transport damage, completeness and to identify the goods. We shall notify any such defects within five working days. Moreover, we shall notify any defects as soon as they are discovered in the course of normal business operations or by other means within five working days. c. The statutory rights in the event of defects are available to us without restriction. We have the right in each case to require the Supplier, at our discretion, to eliminate the defects or deliver a new item. We expressly reserve the right to claim compensation for damages, in particular damages in lieu of performance. d. If we incur costs as a consequence of the defective delivery of the contractual subject matter, including but not limited to, freight costs, travelling expenses, labour costs, material costs or costs for a goods-received inspection that goes beyond the usual extent, the Supplier must pay these costs. e. If the Supplier is in default with elimination of the defect, we have the right, at the Supplier’s expense, to eliminate the defect ourselves or have it eliminated by third parties. register court: Duisburg HRB 30580 IBAN: ▇▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇ fax: +▇▇ ▇▇▇▇ ▇▇▇▇▇-▇▇ executive Director: ▇▇▇▇▇▇▇ ▇▇▇▇▇ BIC: ▇▇▇▇▇▇▇▇▇▇▇ email: ▇▇▇▇@▇▇▇▇▇▇▇.▇▇▇▇ VAT number: DE193330946 internet: ▇▇▇.▇▇▇▇▇▇▇.▇▇▇▇ jurisdiction: Dinslaken bank account: Commerzbank AG phone: +▇▇ ▇▇▇▇ ▇▇▇▇▇-▇