ACCEPTANCE AND DEFECTIVE PRODUCTS. 10.1. The Customer may reject any Products delivered to it that do not comply with clause 7.1, provided that written notice of rejection is given to Alloyed: 10.1.1. in the case of a defect that is apparent on normal visual inspection, within five Business Days of Delivery; 10.1.2. in the case of a latent defect, within a reasonable time of the latent defect having become apparent; and 10.1.3. none of the events listed in clause 10.3 apply. 10.2. If the Customer fails to give notice of rejection in accordance with clause 10.1, it shall be deemed to have accepted these Products. 10.3. Alloyed shall not be liable for a Products' failure to comply with clause 7 in any of the following events: 10.3.1. the Customer makes any further use of those Products after giving notice in accordance with clause 10.1; 10.3.2. the defect arises because the Customer failed to follow Alloyed’s oral or written instructions for the storage, commissioning, installation, use and maintenance of the Products or (if there are none) good trade practice regarding the same; 10.3.3. the defect arises as a result of Alloyed following any drawing, design or Specification supplied by the Customer; 10.3.4. the Customer alters or repairs those Products without the written consent of Alloyed; 10.3.5. the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or 10.3.6. the Products differ from the Specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements. 10.4. If the Customer rejects Products under clause 10.1 then Alloyed shall, at its sole discretion and as Customer’s sole and exclusive remedy, either: 10.4.1. repair or replace the rejected Products; or 10.4.2. repay the price of the rejected Products in full.
Appears in 2 contracts
Samples: Framework Agreement for the Provision of Goods and Services, Framework Agreement for the Provision of Goods and Services
ACCEPTANCE AND DEFECTIVE PRODUCTS. 10.1. 6.1 The Customer may reject any Products delivered to it that do not comply with clause 7.14.2, provided that written that:
(a) notice of rejection is given to Alloyedthe Supplier:
10.1.1. (i) in the case of a defect that is apparent on normal visual inspection, within five Business Days twenty four hours of Delivery;
10.1.2. (ii) in the case of a latent defect, within a reasonable time of the latent defect having become apparent; and.
10.1.3. (b) none of the events listed in clause 10.3 clause6.3 apply.
10.2. 6.2 If the Customer fails to give notice of rejection in accordance with clause 10.16.1, it shall be deemed to have accepted these Products.
10.3. Alloyed 6.3 The Supplier shall not be liable for a Products' failure to comply with clause 7 4.2 in any of the following events:
10.3.1. (a) the Customer makes any further use of those Products after giving notice in accordance with clause 10.16.1;
10.3.2. (b) the defect arises because the Customer failed to follow Alloyed’s the Supplier's oral or written instructions for the storage, commissioning, installation, use and maintenance of the Products or (if there are none) good trade practice regarding the same;
10.3.3. (c) the defect arises as a result of Alloyed the Supplier following any drawing, design or Specification supplied by the Customer;
10.3.4. (d) the Customer alters or repairs those Products without the written consent of Alloyedthe Supplier;
10.3.5. (e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
10.3.6. (f) the Products differ from the Specification their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
10.4. 6.4 If the Customer rejects Products under clause 10.1 6.1 then Alloyed shall, at its sole discretion and as Customer’s sole and exclusive remedy, eitherthe Customer shall be entitled to:
10.4.1. (a) require the Supplier to repair or replace the rejected Products; or
10.4.2. (b) require the Supplier to repay the price of the rejected Products in full. Once the Supplier has complied with the Customer's request, it shall have no further liability to the Customer for the rejected Products' failure to comply with clause 4.2.
6.5 The terms of this agreement shall apply to any repaired or replacement Products supplied by the Supplier.
Appears in 1 contract
Samples: Terms of Business
ACCEPTANCE AND DEFECTIVE PRODUCTS. 10.119.1. The Customer may reject any Products delivered to it that do not comply with the obligations set out in clause 7.117.1, provided that written notice of rejection is given to AlloyedHyrde:
10.1.1. I. in the case of a defect that is apparent on normal visual inspection, within five Business Days three (3) business days of Delivery;
10.1.2II. in the case of a latent defect, within a reasonable time of the latent defect having become apparent; and
10.1.3and III. none of the events listed in clause 10.3 19.3 apply.
10.219.2. If the Customer fails to give notice of rejection in accordance with clause 10.119.1, it shall be deemed to have accepted these the Products.
10.319.3. Alloyed Hyrde shall not be liable for a Products' Product's failure to comply with the obligations set out in clause 7 17.1 in any of the following events:
10.3.1. a. the Customer makes any further use of those Products after giving notice in accordance with clause 10.1of rejection;
10.3.2. b. the defect arises because the Customer failed to follow Alloyed’s Hyrde's oral or written instructions for the storage, commissioning, installation, use and or maintenance of the Products or (if there are none) good trade practice regarding the same;
10.3.3. c. the defect arises as a result of Alloyed Hyrde following any drawing, design or Specification specification supplied by the Customer;
10.3.4. d. the Customer alters or repairs those Products without the written consent of AlloyedHyrde;
10.3.5. e. the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
10.3.6. f. the Products differ from the Specification specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
10.419.4. If the Customer rejects Products under clause 10.1 19.1 then Alloyed shall, Hyrde shall (at its sole discretion and as Customer’s sole and exclusive remedy, either:
10.4.1. discretion) (i) repair or replace the rejected Products; or
10.4.2. Products or (ii) repay the price of the rejected Products in full. Once Hyrde has complied with the Customer's request, it shall have no further liability to the Customer for the rejected Products' failure to comply with clause 17.1. Any replaced and/or rejected Products shall be owned by Hyrde. Insofar required, Customer shall transfer ownership thereof to Hyrde.
19.5. If Parties cannot agree on whether the Product fails to comply with clause 17.1, they shall refer the matter to an independent technical expert for determination.
19.6. The Parties are entitled to make submissions to the expert and will provide (or procure that others provide) the expert with all such assistance and documents as the expert may reasonably require for the purpose of reaching a decision. Each Party shall with reasonable promptness supply each other with all information and give each other access to all documentation and personnel as the other Party reasonably requires to make a submission under this clause.
19.7. The Parties agree that the expert may in its reasonable discretion determine such other procedures to assist with the conduct of the determination as it considers appropriate, including (to the extent it considers necessary) instructing professional advisers to assist it in reaching its determination.
19.8. The expert shall act as an expert and not as an arbitrator. The expert's decision shall be final and binding on the Parties in the absence of fraud or manifest error.
19.9. Each Party shall bear its own costs in relation to the reference to the expert. The expert's fees and any costs it properly incurs in arriving at its determination (including any fees and costs of any advisers appointed by the expert) shall be borne by the Party against whom judgment has been given. VolkerWessels Telecom - Intern
Appears in 1 contract
Samples: Terms and Conditions
ACCEPTANCE AND DEFECTIVE PRODUCTS. 10.1. 8.1 The Customer may reject as defective any Products delivered to it that do not comply with clause 7.14.1, provided that written that:
(a) the Customer gives the Supplier notice of rejection is given to Alloyedrejection:
10.1.1. (i) in the case of a defect that is apparent on normal visual inspection, within five Business Days of Delivery;
10.1.2. (ii) in the case of a latent defect, within a reasonable time of the latent defect having become apparent; and
10.1.3. (b) none of the events listed in clause 10.3 8.3 apply;
(c) if requested by the Supplier, the Customer returns the Products to the Supplier, and the Supplier inspects the Products and accepts they do not comply with clause 4.1.
10.2. If 8.2 The Customer is deemed to have accepted the Products if the Customer fails to give notice of rejection in accordance with clause 10.1, it shall be deemed to have accepted these Products8.1.
10.3. Alloyed shall 8.3 The Supplier is not be liable for a Products' Product's failure to comply with the warranty set out in clause 7 4.1 in any of the following events:
10.3.1. (a) the Customer makes any further use of those Products after giving notice in accordance with clause 10.18.1;
10.3.2. (b) the defect arises because the Customer failed to follow Alloyed’s the Supplier's oral or written instructions for the storage, commissioning, installation, use and or maintenance of the Products or (if there are none) good trade practice regarding the samebest industry practice;
10.3.3. (c) the defect arises as a result of Alloyed the Supplier following any drawing, design or Specification supplied by the Customer;
10.3.4. (d) the Customer alters or repairs those Products without the written consent of Alloyedthe Supplier;
10.3.5. (e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or;
10.3.6. (f) the Products differ from the Specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements; or
(g) the defect arises more than three (3) years after the date of manufacture of the Product.
10.4. 8.4 If the Customer rejects Products under clause 10.1 8.1 then Alloyed shallthe Supplier may, at its sole discretion and as Customer’s sole and exclusive remedy, eitherthe Supplier's option:
10.4.1. (a) replace the rejected Products or supply equivalent goods;
(b) repair the rejected Products;
(c) reimburse the Customer for the cost of replacing the rejected Products or replace of acquiring equivalent goods;
(d) reimburse the Customer for the cost of repairing the rejected Products;
(e) if the Customer has not paid the Product Price for the rejected Products, release the Customer from any obligation to pay the Product Price for the rejected Products; or
10.4.2. repay (f) if the price of Customer has already paid the Product Price for the rejected Products, refund to the Customer the Product Price for the rejected Products, subject to the Customer first restoring unencumbered title to the rejected Products to the Supplier.
8.5 Once the Supplier has complied with clause 8.4, the Supplier is not liable to the Customer, and the Customer has no further remedy (including under clause 23) arising out of or in fullconnection with the rejected Products' failure to comply with clause 4.1.
8.6 The terms of this Agreement apply to any repaired or replacement Products supplied by the Supplier.
Appears in 1 contract
Samples: General Terms Agreement
