Translation of "Mangelhafter lieferung" in English

The enforcement of further claims resulting from the delivery of defective products by us remains unaffected.

In addition, the statutory provisions on the supply of defective products apply.

All claims relating to the delivery of defective products shall expire after three years.

Claims regarding the delivery may only be made by the Purchaser and are non-transferable.

All payments are made subject to our rights arising from deficient supply.

In the event of defective delivery, we shall be entitled to refuse counter-performance until proper fulfilment.

The plaintiff, a company incorporated in the Netherlands, brought an action in the Ar­rondissementsrechtbank, Amsterdam, against a company incorporated in Italy, in which it alleged late and defective delivery of goods and sought rescission of the con­tract and damages.

In particular, public policy was not contravened by vir­tue of the fact that the appeal court in Brescia, applying Italian law, had expressed the view that the defendant's conditions of business, which limited the buyer's rights in the event of defective delivery by excluding claims for the repair or replacement of the goods, did not form part of the contractual relations between the parties.

The rights and duties of the contracting parties in the case of defective delivery shall be oriented to the generally applicable legal regulations (in particular in accordance with the provisions § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 CC).

In case of faulty delivery, the customer, at the determination of NOS, is entitled to replacement delivery or a price reduction.

No liability is accepted, not even in case of gross negli-gence, for the loss of profit due to delayed or faulty delivery for detriment suffered by disrup-tion in production, for costs of transport, damage occurring in connection with the replacement of faulty goods by fault-free goods, for possible costs of removal and re-installing, for the care and damages through processing of goods which are with ZRUNEK for processing as well as for damages claimed by the purchaser of the Customer placing the order made against the lat-ter.

In all cases the Supplier shall bear all costs which arise through delivery of defective goods.

The contractor is obligated in the case of defective shipment or service, including the lack of properties assured in writing, to rectify or replace the defective parts at his discretion free of charge. Replaced parts become the property of the contractor.

The limitation period in the case of defective delivery shall expire - except in the case of intent - one year following delivery.

RAIL.ONE's liability for damages, regardless of the legal reason, in particular due to impossibility, delay, defective or incorrect delivery, breach of contract, breach of obligations in contract negotiations and in tort, and insofar as it is a matter of fault in each case, is however restricted in accordance with this Section 8.

If a breach of contractual obligation extends beyond the delivery of defective goods (e.g., breach of duty to inform, advise or inspect), BERCHTOLD shall be entitled to require compensation for damages resulting therefrom and for sums it is required to pay its customers according to the law in compensation for consequential damages, unless the breach of obligation is not attributable to Supplier.

In the case of faulty delivery or performance, the customer is entitled to elimination of the defect or delivery of a faultless item/production of new work (subsequent fulfilment) at our discretion.

Any complaints regarding incomplete, false or defective deliveries are to be reported in writing immediately after delivery.

Further claims by the customer concerning insufficient delivery and especially concerning damages or withdrawal from contractual obligations will not be admitted.

In the event that defective goods are supplied and if the applicable legal conditions and the provisions defined below are met, BERCHTOLD shall also be entitled to require the following unless otherwise agreed in writing:

The liability of the seller for compensation, regardless of the legal grounds, although in particular for inability, delay, defective or incorrect delivery, contractual violation, violation of obligations in contractual negotiations and tort is limited according to this point (IX), provided it is due to their fault.

Rights arising out of a breach of contract in the form of delay or the delivery of defective goods are limited to the affected partial delivery.

Our liability for damages arising from any legal basis whatsoever, in particular the impossibility to supply, delay in delivery, defective or incorrect supply, breach of contract, dereliction of duty during negotiations or tortfeasance, inasmuch as such is a matter of attributable fault, shall be limited as set out in the present Section 8.

In case of defective delivery and/or service, the customer is entitled to repair or replacement free of charge (supplementary performance) at our option.

Subsequent damage resulting from the defect shall be the damage which Hymer LMB has suffered itself to objects other than the goods themselves due to the delivery of defective goods.

Subject to this §9, our liability for damages shall be limited whatever the reason may be, in particular from impossibility, default, defective or wrong delivery, violation of the contract, violation of obligations during contract negotiations and unlawful acts, as far as this depends on a fault.