Defects of Quality. 16.1. Claims for defects of quality with regard to the Software shall expire by limitation within 12 months after passage of risks. Aforementioned clauses shall not apply if the legislation pursuant to the German Civil Code BGB articles 438(1)(2), 438(3), 479(1) and 634(a) stipulates longer periods of limitation nor for the liability for damages resulting from the injury of life, body or health nor for the liability for damages resulting from intentional or grossly negligent violation of duties.
Defects of Quality. The SUPPLIER warrants that the goods and services to be supplied are free of defects, comply with the specifications as stipulated in the order, have been developed and manufactured in accordance with the state of the art, are usable with-out limitation for the purpose for which they are intended under the terms of the contract and are in compliance with all relevant legal provisions, regulations and di- rectives imposed by governmental authorities and specialist associations. Any obvious defects detected in the delivered goods shall be examined by the BUYER within an adequate period of time for any vari- ances in quality and quantity. The notification of a defect shall be timely if the SUPPLIER receives it within a period of 5 working days from delivery of the goods, or in the case of hidden defects, from discovery of the defect. The BUYER shall be fully entitled to the statutory claims based on defects; the BUYER shall be entitled in any case to demand, at the option of the BUYER, that the SUPPLIER remedy the defect or replace the defective good with a new one. The BUYER expressly reserves the right to damages, including but not limited to the right to damages instead of receiving the goods/services. In case of imminent danger, t h e BUYER shall be entitled to remedy the defect at the SUPPLIER’s expense. The limitation period of claims based on defects in quality shall be 24 months from the point in time when the delivered goods are complete, free of defects and put into service, and shall end no later than 36 months from delivery. The SUPPLIER is obliged for the purpose of supplementary performance to bear the relevant expenses, including all costs aris- ing in connection with the defect detention and remedial expenses, even if the expenses are incur red by the BUYER or the cus- tomers of the BUYER, in particular investigation cost, removal and installation costs, shipping, travel, labor and material costs. This applies even if the expenses increase because the goods and services are located at a different place than the place of performance.
Defects of Quality. 6.1 All parts that turn out to be defective due to circumstances prior to the risk transfer will be rectified or replaced with flawless parts, as the Seller might decide. The detection of such defects shall without delay be reported to the Seller in writing. Replaced parts shall become property of the Seller. At the request of the Seller, replaced parts shall be sent back to the Seller on a "freight paid" basis. In the event of a justified defect notice, the Seller will refund the costs of the most inexpensive shipping method; this does not apply if the costs are higher because the delivered item is located at a location other than the location of the intended use.
Defects of Quality. 8.1 If a defect of quality exists at the time of passing of risk, we cure the defect by means of remedy or subsequent delivery.
Defects of Quality. 10.1.1 If a defect of quality exists at the time of passing of risk, Dematic must initially be given the opportunity to cure the defect within a reasonable time. Cure will take place, at the option of Dematic, in the form of the correction or re- delivery and/or new manufacture.
Defects of Quality. The SUPPLIER warrants that the goods and services to be supplied are free of defects, comply with the specifications as stipulated in the order, have been developed and manufactured in accordance with the state of the art, are usable with-out limitation for the purpose for which they are intended under the terms of the contract and are in compliance with all relevant legal provisions, regulations and di- rectives imposed by governmental authorities and specialist associations. The BUYER undertakes a control upon delivery only in respect of damages which can be detected by exterior inspection and variances in quality and quantity which can be detected from the outside. The notification of any such defect shall be in time if the SUPPLIER receives it within a period of 5 working days from delivery of the goods. The BUYER shall notify any other defects without undue delay as soon as they are discovered within the framework of the ordinary course of business. The notification of any such defects shall in particular be in time if the SUPPLIER receives it within a period of 5 working days, counted in the case of open defects from the end of unpacking the delivered goods at the place of their final destination of ordinary use, and counted in the case of hidden defects, from discovery of the defect. The SUPPLIER waives any and all rights to reject such a notification of a defect as belated. If the unpacking or the discovery of a hidden defect is - within the framework of the ordinary course of business - made by a third party (e.g. a customer of the BUYER) the notification period shall only begin to be counted from the moment the BUYER receives notice of the defect. The BUYER shall be fully entitled to the statutory claims based on defects; the BUYER shall be entitled in any case to demand, at the option of the BUYER, that the SUPPLIER remedy the defect or replace the defective good with a new one. The BUYER expressly reserves the right to damages, including but not limited to the right to damages instead of receiving the goods/services. In case of imminent danger, the BUYER shall be entitled to remedy the defect at the SUPPLIER’s expense. The limitation period of claims based on defects in quality shall be 24 months from the point in time when the delivered goods are complete, free of defects and put into service, and shall end no later than 36 months from delivery. The SUPPLIER is obliged for the purpose of supplementary performance to bear the relevant expenses,...
Defects of Quality. 9.1 As a defect under the terms of these GTCB qualifies only a defect which (i) can be documented and reproduced and (ii) causes a deviation in function and performance when the software is used as foreseen, which prevents or significantly interferes with use of the software. Deviations that do not prevent or significantly interfere with use of the software therefore do not qualify as defects under the terms of the GTCB.
Defects of Quality. 9.1 The customer must examine the objects of performance immediately upon receipt and notify us of any defect discovered without delay, but within two weeks at the latest. This does particularly apply to obvious transport damages, as well as differences in identity and quantity. If the customer fails to notify us, the objects of performance are approved, tak- ing the defect in question into consideration, insofar as it is not a matter of a hidden defect. The regulations of Section 377 HGB (German Com- mercial Code) apply in all other respects.
Defects of Quality. 9.1 Warranty claims for parts intended for automobiles or com- mercial vehicles shall expire within 24 months as of first- time registration of the vehicle or installation of the spare part, but no later than after 30 months as of delivery to us. For all other parts and delivery items, the warranty claims shall expire after 24 months as of delivery to our customers, unless other periods have been expressly stipulated in writ- ing.
