Compensation for defects Clause Samples
The 'Compensation for defects' clause establishes the obligation of one party, typically the contractor or seller, to compensate the other party if defects are found in goods, services, or works provided under the contract. This clause usually outlines the process for identifying defects, the timeframe within which claims must be made, and the methods of compensation, such as repair, replacement, or financial reimbursement. Its core function is to protect the recipient from losses caused by substandard performance or materials, ensuring accountability and incentivizing quality.
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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. In case of damage or defects of Goods, sufficiently established by ▇▇▇▇▇ 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.
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. In case of damage or defects of Goods, sufficiently established by ▇▇▇▇▇ 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. 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. No warranty is given for damage caused by improper handling or use. Express reference is made to the following 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.