Claims Based on Defects Sample Clauses

Claims Based on Defects. 对缺陷产品的索赔和追索
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Claims Based on Defects. 8.1 Acceptance is effected subject to the reservation of an examination for faultlessness, in particular also including accuracy and completeness, insofar and as soon as this is pertinent in the ordinary course of business. We will give notice of any defects found without undue delay after their discovery. To this extent the supplier waives the objection to delayed notification of defects.
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Claims Based on Defects. 8.1. An examination of the goods is conducted by us at incoming goods only to establish whether there is any obvious damage, in particular transport damage and discrepancies in terms of the identity or quantity of the delivery, except as otherwise agreed with you in a Quality Assurance Agreement. We will give notice of any defects found without undue delay after their discovery. To this extent the supplier waives the objection to delayed notification of defects.
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Claims Based on Defects. 9.1 The provisions of statute relating to defects as to quality and defects of title apply except insofar as otherwise provided hereinbelow. 9.2 We have the right to select the type of supplementary performance. Place of the performance shall be the intended location of the product. This is the place where the Product is located at the time of the claim based on defects. The supplier may refuse the type of supplementary performance we selected if it is only possible at disproportionate expense. 9.3 In the event that the supplier does not commence rectifying the defect after our request to remedy it, in urgent cases, especially to xxxx off acute danger or to prevent greater damage, we are entitled to undertake such rectification ourselves or to have it undertaken by a third party at the expense of the supplier. 9.4 In case of defects of title, the supplier shall also hold us harmless from any third party claims possibly existing, unless the supplier is not accountable for the defect of title. The supplier shall also holdus harmless from any claims by third parties based on the violation of third-party rights by the product, unless the supplier can prove that itis not accountable for the violation. Additionally, the supplier shall, upon request, immediately provide us with the information and documents on his services required for the defense against such third-party claim. 9.5 The limitation period for indemnity claims will be the period provided by na medida em que isso seja necessário para o uso do hardware. 3.9 A Bosch tem o direito de usar este software, incluindo a documentação do software, com as características de desempenho acordadas e na medida do necessário para o uso do produto conforme o acordo. Também temos o direito de fazer um número xxxxxxxx xx xxxxxx xx xxxxxx. 0.00 Xx Xxxxxx e Condições de Compra Complementares para Software da Bosch se aplicam ao software (podem ser visualizados na área de download de Compras e Logística em xxx.xxxxx.xxx.xx). 4.
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Claims Based on Defects. 9.1. The provisions of statute relating to defects as to quality and defects of title apply except insofar as not otherwise provided herein below.
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Claims Based on Defects. 9.1. The previsions of the applicable laws relating to defects as to quality and defects of title apply except insofar as not otherwise provided herein below.
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Claims Based on Defects. Our warranty covers material defects and defects in title found in the delivery as follows, to the exclusion of further claims –subject to Section X–, provided that the purchasing party fulfils its payment obligations, in which case said party may retain a reasonable sum, to be specified by us, due to the existence of defects. Furthermore, the purchasing party must fulfil its requirement to make a complaint in regard to a defect immediately upon receipt of goods, pursuant to Sec. 377 of the German Commercial Code. Material defects
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Claims Based on Defects. 8.1 Acceptance is subject to the reservation of an examination for faultlessness, in particular also including accuracy and completeness, insofar and as soon as this is pertinent in the ordinary course of business. We will give notice of any defects found without undue delay after their discovery. To this extent the supplier waives the objection to delayed notification of defects. OntoChem GmbH Xxxxxxxxxxxxx 00 D-06120 Halle (Saale) CEO: Xx. Xxxx Xxxxx Contact T +00 000 000000-0 F +00 000 000000-0 xxxx@xxxxxxxx.xxx xxx.xxxxxxxx.xxx Commercial Register register court: Amtsgericht Stendal register no.: HRB 215461 UStID/VAT: DE246232735 Bank Details BIC/SWIFT: XXXXXXXX000 IBAN: XX00000000000000000000 page 1 of 3
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Claims Based on Defects. 1. Subsequent to the acceptance of the Service, XXXX’x liability for defects in the Service shall oblige XXXX to rectify such defects to the exclusion of any and all other claims of the Customer notwithstanding no. 8 and no. 9 and section X.
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Related to Claims Based on Defects

  • Claims for Concealed or Unknown Conditions If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than twenty-one (21) days after first observance of the conditions. The Architect will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made within twenty-one (21) days after the Architect has given notice of the decision. If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Architect for initial determination, subject to further proceedings pursuant to Paragraph 4.4.

  • System defects In the event you become aware of a material defect, malfunction or virus in the System or in an Electronic Service, you will immediately notify us of such defect, malfunction or virus and cease all use of such Electronic Service until you have received permission from us to resume use.

  • 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.

  • Claims Conditions a. In the event You incur a loss You must notify Us by providing the following:

  • CLAIMS FOR DAMAGES 7.4.1 Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the other party or of any of his / her employees, agents or others for whose acts he / she is legally liable, claim shall be made in writing to such other party within a reasonable time after the first observance of such injury or damage.

  • Title Defects If: (i) the Title Commitment reflects any exceptions to title which are not acceptable to Buyer, in Buyer’s sole discretion; (ii) the Survey discloses any state of fact not acceptable to Buyer, in Buyer’s sole discretion; or (iii) at any time prior to the Closing, title to the Property is encumbered by any exception to title not acceptable to Buyer, in Buyer’s sole discretion (with any such exception or unacceptable state of fact being referred to herein as a “Title Defect”); then Buyer may, on or before the Satisfaction Date (or, in the case of a Title Defect not disclosed by the Title Commitment prior to the Satisfaction Date, within fifteen (15) days after Buyer receives notice of such Title Defect), provide Seller with written notice of such Title Defect. Seller shall have the right, but not the obligation (except as specifically set forth below), during the thirty (30) day period after receipt of such notice, but not later than the Closing, to remove such Title Defect or obtain affirmative title insurance coverage acceptable to Buyer, insuring and defending Buyer against any loss, cost, or expense arising out of or related to such Title Defect (“Affirmative Coverage”). If Seller elects to do so, then on or before the Closing Date (as defined below), Seller shall provide Buyer with reasonable evidence of such removal or provide reasonable evidence that such Title Defect will be removed or that such Affirmative Coverage will be obtained. Notwithstanding anything contained herein to the contrary, Seller shall be obligated to expend whatever sums are required to cure or obtain Affirmative Coverage for the following Title Defects prior to, or at, the Closing:

  • Cost of remedying Defects Any repair or rectification undertaken in accordance with the provisions of Clause 17.2, including any additional testing, shall be carried out by the Contractor at its own risk and cost, to the extent that such rectification or repair is attributable to:

  • Claims for Additional Time § 14.1.6.1 If the Design-Builder intends to make a Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Design-Builder’s Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay, only one Claim is necessary.

  • Product Warranty Claims When we receive a valid warranty claim for an HP hardware or software product, HP will either repair the relevant defect or replace the product. If HP is unable to complete the repair or replace the product within a reasonable time, Customer will be entitled to a full refund upon the prompt return of the product to HP (if hardware) or upon written confirmation by Customer that the relevant software product has been destroyed or permanently disabled. HP will pay for shipment of repaired or replaced products to Customer and Customer will be responsible for return shipment of the product to HP.

  • Warranty Claims This Contractual Warranty is provided by Xxxxxxxxx Electric and covers defects in workmanship and materials in your Product. This warranty period lasts from the date of purchase at the point of sale to you, the original end user, unless otherwise agreed in writing (the "Warranty Period"). This Contractual Warranty is transferable to subsequent owners but only for the unexpired portion of the Warranty Period.

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