Примеры использования Latent defects на Английском языке и их переводы на Русский язык
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Lessor's responsibility for latent defects of the vessel.
Latent defects not discoverable by due diligence;
See also the discussion of latent defects in paragraph 18 infra.
Latent defects shall be claimed by the Client immediately, however seven days after these have been detectedat the latest.
The tribunal stated that the seller would be liable for latent defects where the buyer had raised a claim within two years after the acceptance of the flanges.
With the help of a licensed inspector will do a technical inspection of the property,in order to detect latent defects, which can be costly in the future.
Claims associated with latent defects of the goods(factory defects, etc.) can be raised by VW within guarantee period specified for these goods.
Paragraph 3(g) of draft article 18 should be deleted, because it was said to be unfair to make the cargo owner liable for any latent defects of the goods;
Tribunals have adopted different approaches to examination for latent defects, apparently varying with the view taken of the nature of the examination required by article 38.
For instance, a bond might be required during the construction phase and last for an appropriate period beyond completion, so as to cover possible latent defects.
One decision raised the question whether the time for giving notice of latent defects should ever start before the buyer acquires actual knowledge of the defects, although the decision avoided resolving the issue.
Latent defects are those which could not be detected by VW during the normal check for such goods and were found out only in the process of treatment, preparation for sales, preparation for assembling, in the process of installing, testing, using and storing the goods.
Other decisions, however,have determined that the reasonable time for giving notice of latent defects commenced at a time when the buyer should have discovered the defects, whether or not the buyer had actual knowledge of the defects at that time.
Requiring minimum amounts of insurance relating to areas which impinge directly on public interest(for example, physical damage, third party claims, and employer's liability) and leaving other areas(for example,business interruption, latent defects) to be dealt with at the private partner's discretion;
However, the seller was found to be liable for latent defects beyond the three-month period up to two years, as these defects could only be discovered with destructive tests or through actual use.
Objections concerning apparent defects shall be deemed to be timely made if dispatched by the Purchaser within five business days after the delivery of the goods and such is received thereafter by the Seller;objections concerning latent defects shall be deemed to be timely made if dispatched by the Purchaser within five business days after their discovery and such is received thereafter by the Seller.
For tribunals adopting this approach,the question of when latent defects should be discovered if they are not reasonably discernible in the initial article 38 examination is an issue beyond the scope of article 38.76.
In the case of latent defects not reasonably detectable before some period of actual use, the time when the buyer should discover the lack of conformity occurs later than the time for the initial examination of the goods immediately following delivery.
As to the defective and non-conforming goods,the tribunal found that the seller should not be held liable for the non-latent defects after the three-month period stipulated in the contracts, as these defects could have been discovered by simple examination of the goods.
In the case of latent defects, for example, the time the buyer discovers or ought to discover the lack of conformity, and thus the moment that the buyer's reasonable time for giving notice under article 39(1) commences, could be long after the goods are delivered.
No warranty of any kind, implied, express or statutory, including but not limited to warranties as to non-infringement of intellectual property rights orthird party rights, title, latent defects, uninterrupted service, merchantability, fitness for a particular purpose and freedom from computer viruses, is given in conjunction with the information, materials and software algorithms.
In the case of latent defects, for example, the time the buyer discovers or ought to discover the lack of conformity, and thus the moment that the buyer's reasonable time for giving notice under article 39(1) commences, could be long after the goods are delivered.
Thus some decisions indicate that the period for an article 38 examination for latent defects does not begin to run until such defects should reveal themselves, 141 whereas the period for examination of obvious defects begins to run immediately upon delivery.142 These opinions apparently contemplate multiple or continuous examinations under article 38.
Some decisions appear to recognize that the discovery of latent defects may be a process that occurs over a period of time, and have suggested that the buyer's notice need only convey the information reasonably available to the buyer at the time of the notice, to be supplemented by information in later notices.
The buyer argued that,as the virus was a latent defect, late examination did not adversely affect its rights.
The buyer, however, alleged a latent defect, stating that the nature of the nonconformity was such as to become obvious only once the fabric was dyed.
But the court held that the buyer must examine the goods or cause them to be examined within as short a period of time as is practicable under the circumstances,even in the case of a latent defect.
Cargo, that because of its latent defect, quality or damage to packaging can cause damage to the aircraft, personnel or property, may be discarded or disposed of by the carrier at any time and without notice, and this does not result in any liability on the part of the carrier.
Where the lack of conformity is a hidden or latent one not reasonably discoverable in the initial examination, however, decisions have indicated that the period for conducting an examination to ascertain the defect does not begin to run until the defects reveal(or should reveal) themselves.
Such decisions seem to treat the question of when the buyer ought to have found any defect, including a latent one not discoverable in an initial examination, as an issue governed by article 38, on the apparent assumption that article 38 requires the buyer to continue examining the goods until all defects are revealed.