Compensation for defects Sample Clauses

Compensation for defects. In case of damage or defects of Goods, sufficiently established by Xxxxx and duly notified in accordance with Section 6, Seller may choose at its sole discretion to: (i) compensate the damage or defects; or (ii) replace the Goods within a reasonable period; or (iii) reimburse the price of the Goods concerned.
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Compensation for defects. Without limiting any other legal remedy available to Company, as determined in Company’s discretion (a) if Supplier is unable to promptly repair or replace any defective Equipment, or re-perform any defective Services (b) if the nature of any defects in the Work is such that it is inappropriate to have the defect corrected, or (c) if the nature of any defects in the Work is such that Company will not be made whole by virtue of the repair or replacement of the Equipment or by re-performance of the Services, then Company may deduct from any amounts then due or which become due to Supplier hereunder, such an amount equal the reasonable, necessary and out-of-pocket costs of obtaining substitute performance, capped at the Work Order price of the replaced Equipment or re-performed Services (the “Defect Settlement Amount”). If Company has already made all payments to Supplier, Supplier shall pay the Defect Settlement Amount within fifteen (15) days of receipt of written notice of same from Company.
Compensation for defects. In case of damage or defects of Goods, sufficiently established by Xxxxx and duly notified in accordance with Sec- tion 6, the Parties will mutually agree in good faith the best solution to the matter and Buyer may choose to: (i) compensation for damage or defects; or (ii) replacement of the Goods within a reasonable period; or (iii) refund the price of the Goods concerned.
Compensation for defects. No warranty is provided for damage due to improper handling or use of the goods. Telemotive AG will only pay compensation for defects in the goods in cases of willful intent or gross negligence. This exclusion does not apply for liability for damages due to injury to life, limb or health. The provisions of the German Product Liability Act (Produkthaftungsgesetz) are also not affected by the exclusion of liability.
Compensation for defects. No warranty is provided for damage due to improper handling or use of the goods. MAGNA Telemotive GmbH will only pay compensation for defects in the goods in cases of willful intent or gross negligence. This exclusion does not apply for liability for damages due to injury to life, limb or health. The provisions of the German Product Liability Act (Produkthaftungsgesetz) are also not affected by the exclusion of liability.
Compensation for defects. The Customer has a right to compensation for the loss it incurred as a result of the defect. The Customer can claim compensation for indirect losses it incurred as a result of the defect if such defect is due to negligence on the part of the Supplier. This includes losses incurred due to any operational interruptions, including expenses and work related to error correction and repair, as well as losses incurred due to additional work caused by the defect. Indirect losses are losses described in Section 67, second paragraph of the Sale of Goods Act of 13 May 1988 no. 27. No compensation shall be claimed if delivery problems were caused by regulatory, patent-related or patent-related technical reasons, requirements of the Norwegian Medicines Agency that prevent/stop the delivery, or Force Majeure.

Related to Compensation for defects

  • Compensation for Damages 4.1 If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3, the Principal is entitled to demand and recover the damages equivalent Xxxxxxx Money Deposit/Bid Security. 4.2 If the Principal has terminated the contract according to Section 3, or if the Principal is entitled to terminate the contract according to section 3, the Principal shall be entitled to demand and recover from the Contractor liquidated damages equivalent to 5% of the contract value or the amount equivalent to Security Deposit/Performance Bank Guarantee, whichever is higher.

  • Compensation for Losses Upon demand of any Lender (with a copy to the Administrative Agent) from time to time, the Borrower shall promptly compensate such Lender for and hold such Lender harmless from any loss, cost or expense incurred by it as a result of: (a) any continuation, conversion, payment or prepayment of any Loan other than a Base Rate Loan on a day other than the last day of the Interest Period for such Loan (whether voluntary, mandatory, automatic, by reason of acceleration, or otherwise); (b) any failure by the Borrower (for a reason other than the failure of such Lender to make a Loan) to prepay, borrow, continue or convert any Loan other than a Base Rate Loan on the date or in the amount notified by the Borrower; or (c) any assignment of a Eurodollar Rate Loan on a day other than the last day of the Interest Period therefor as a result of a request by the Borrower pursuant to Section 10.13; including any loss of anticipated profits and any loss or expense arising from the liquidation or reemployment of funds obtained by it to maintain such Loan or from fees payable to terminate the deposits from which such funds were obtained. The Borrower shall also pay any customary administrative fees charged by such Lender in connection with the foregoing. For purposes of calculating amounts payable by the Borrower to the Lenders under this Section 3.05, each Lender shall be deemed to have funded each Eurodollar Rate Loan made by it at the Eurodollar Rate for such Loan by a matching deposit or other borrowing in the London interbank eurodollar market for a comparable amount and for a comparable period, whether or not such Eurodollar Rate Loan was in fact so funded.

  • Compensation for Damage or Loss 1. When investments made by investors of either Contracting Party suffer loss or damage owing to war or other armed conflict which is not a result of the activities of the Contracting Party to which the investors belong, civil disturbances, revolution, riot or similar events in the territory of the latter Contracting Party, they shall be accorded by the latter Contracting Party, treatment, as regards restitution, indemnification, compensation or any other settlement, not less favourable than that that the latter Contracting Party accords to its own investors or to investors of any third State, whichever is most favourable to the investors concerned. 2. Without prejudice to paragraph 1 of this Article, investors of one Contracting Party who in any of the events referred to in that paragraph suffer damage or loss in the territory of the other Contracting Party resulting from: a) requisitioning of their property or part thereof by its forces or authorities; b) destruction of their property or part thereof by its forces or authorities which was not caused in combat action or was not required by the necessity of the situation, shall be accorded a prompt restitution, and where applicable prompt, adequate and effective compensation for damage or loss sustained during the period of requisitioning or as a result of destruction of their property. Resulting payments shall be made in freely convertible currency without delay. 3. Investor whose investments suffer damage or loss in accordance to paragraph 2. of this Article, shall have the right to prompt review of its case by a judicial or other competent authority of that Contracting Party and of valuation of its investments and payment of compensation in accordance with the principles set out in paragraph 2. of this Article.

  • Compensation for Additional Services Additional Services shall be compensated as set forth on Exhibit A for the stipulated payment amounts set forth therein. Other Additional Services not set forth on Exhibit A that are required or requested by the Owner shall be compensated as agreed, using the methodology set forth on Exhibit A, prior to the Design Professional undertaking such Additional Services; provided, however, that if such compensation cannot be agreed, the Additional Services shall be performed at the hourly rates set forth and listed in Exhibit B, plus reimbursable expenses pursuant to Article 4.1.3 below, with a limitation as to maximum amount specified.

  • Developer Compensation for Emergency Services If, during an Emergency State, the Developer provides services at the request or direction of the NYISO or Connecting Transmission Owner, the Developer will be compensated for such services in accordance with the NYISO Services Tariff.

  • Compensation for Damages or Losses When investments by investors of either Contracting Party suffer damages or losses owing to war, armed conflict, a state of national emergency, revolt, insurrection, riot or other similar events in the territory of the other Contracting Party, they shall be accorded by the latter Contracting Party a treatment, as regards compensation or other settlement, not less favourable than that accorded to its own investors or to investors of any Third State.

  • Compensation for Overtime Assigned overtime is designated as those hours over the regular hours of work which are requested of the employee by management. Assigned overtime worked shall be paid at the rate of time and one-half (1 1/2).

  • Compensation for Basic Services A. Owner shall make payment for Part I and Part II services monthly. The payments shall be in proportion to the progress of Engineer's work. Final payment for each phase shall become due and payable upon completion and approval by Owner of that phase of Engineer's work. B. Owner shall make payment for Construction Phase services not more frequently than monthly in proportion to the amount of the gross progress payments to Contractor(s). C. Owner shall make no deduction from Engineer's compensation on account of penalties, liquidated damages or other sums withheld from Contractor(s) through no fault of Engineer. D. Owner shall make payment for Construction Completion Phase services upon completion of the requirements set forth in subsections II. F. 1, 2 and 3. E. Engineer shall submit requests for payment monthly on forms provided and in a manner prescribed by Owner.

  • Compensation for Services You may be eligible to receive compensation for providing certain services in respect of Shares of the Funds if you meet the requirements of and enter into a Bank Services Agreement with American Funds Service Company.

  • Compensation for Loss of Employee Tools (a) The Employer will replace all Employee tools lost or stolen in accordance with the Award.

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