Defect rectification. (a) The Council may, acting reasonably, give the Developer a Rectification Notice during the Defects Liability Period.
(b) The Developer, at its own cost, is to comply with a Rectification Notice according to its terms and to the reasonable satisfaction of the Council.
(c) The Council is to do such things as are reasonably necessary to enable the Developer to comply with such a Rectification Notice.
Defect rectification. All Parties acknowledge that there are road safety and efficiency benefits when faults are rectified at the time of test, within the constraints of health and safety and on condition that appropriate components on the vehicle will be easily removed and replaced. • As far as possible during annual test activities, minor repairs or adjustments can be made to avoid the vehicle unnecessarily returning to the workshop • Publish guidelines that cover the type of repairs that may be rectified at the test station including the health and safety conditions required to be met. • Communicate this policy widely both internally and externally • Ensure anybody who accompanies their vehicle to test will be equipped and competent to effect the repair or adjustment using suitable tools • Direct the person in charge of their vehicle to conduct repairs/adjustments only as authorised by a member of VOSA staff • Direct the person in charge of their vehicle to adhere to the Health and Safety regulations which apply to the site • To improve the condition of vehicles presented for test, so as to reduce the need for on-site rectification of defects
Defect rectification. (a) The Council may, acting reasonably, give the Developer a Rectification Notice during the Defects Liability Period.
(b) The Developer, at its own cost, is to comply with a Rectification Notice according to its terms and to the reasonable satisfaction of the Council.
(c) The Council is to do such things as are reasonably necessary to enable the Developer to comply with a Rectification Notice that has been given to it under clause 10.1(a). | version to be submitted to Council at meeting on 20 March 2-0D1r7aft recommendedfor exhibition 4985-1#2562 (also incsminor change to Map at Sheetth7i)s vsn 4985-1#3004 and #3005 for pdf 14
(d) This clause 9.4(c) only applies to item 8 of the Table to the extent that it would not place the Developer in breach of any agreement, licence or approval it has with or from RMS. To this end, the Developer use reasonable endeavours to ensure that nothing in any agreement prevents Council from giving a reasonable direction and must, within 7 days of entering into any agreement with, or receiving a licence or approval from, RMS, provide Council with a copy of the agreement, licence or approval.
Defect rectification. (a) In this clause a "Rectification Notice" means a notice in writing;
(i) identifying the nature and extent of a Defect;
(ii) specifying the Works or actions that are required to rectify, remedy or correct the Defect; and
(iii) specifying the date by which the Defect is to be rectified, remedied or corrected.
(b) During the Defects Liability Period, Party A may, acting reasonably, request the Works Inspector to:
(i) inspect the completed Work; and
(ii) where the Works Inspector identifies Defects in the Work, give Party C a Rectification Notice.
(c) Party C, at its own cost, is to comply with a Rectification Notice according to its terms.
(d) Party A is to do such things as are reasonably necessary to enable Party C to comply with such a Rectification Notice.
(e) Following rectification of the Defects, Party C is to request the Works Inspector to:
(i) inspect the work carried out pursuant to the Rectification Notice within 5 Business Days; and
(ii) certify in writing within 3 Business Days that each Defect described in the Rectification Notice has been rectified (Certification).
(f) The Works Inspector's Certification is final and binding on the parties, as to Party C’s compliance with the Rectification Notice.
Defect rectification. (a) The Contractor must correct all Defects in the Contractor Works of which it becomes aware prior to the expiry of the relevant Defects Correction Period.
(b) Subject to and without limiting clause 26, during the Defects Correction Period, the Contractor may:
(i) continue to access the USP Assets, for the purposes of rectifying any Defects which access will be on the terms and conditions of the relevant Services and Works Agreement as a licence from month to month; and
(ii) rectify Defects in the Contractor Works at the Site.
(c) The parties acknowledge and agree that during the Defects Correction Period, if rectification of Defects in the Contractor Works will impact on a USP Asset, any such rectification must be carried out in accordance with clause 26.
(d) If the USP acting reasonably believes that the Contractor has not complied with clause 7(a), the USP may notify the Contractor in writing of that belief, such notice to include:
(i) details of the alleged non-compliance, including a detailed description of the relevant Defect; and
(ii) a reasonable period for rectification, ("Defect Notice").
(e) Subject to clause 7(g), if the Contractor does not rectify the Defect within the reasonable period stated in the Defect Notice, or such other period as may be agreed between the parties, the USP may provide the Contractor with a further notice, which must include a copy of the Defect Notice and including a further reasonable period for rectification ("Further Defect Notice").
(f) If the Contractor does not rectify the Defect within the reasonable period stated in the Further Defect Notice, the USP may notify the State in writing of the Contractor's failure to comply with both the Defect Notice and the Further Defect Notice.
(g) In the event of a Defect the existence of which may reasonably be expected to:
(i) endanger the safety of the general public, or
(ii) pose an operational risk, interruption to power supply or liability of the USP in respect of the relevant USP Asset, ("Notifiable Defects") then the USP may, without the need to comply with clause 7(e), itself rectify the Notifiable Defect.
(h) The Contractor will be liable to the USP as a debt due and payable for the USP’s costs reasonably incurred in exercising its rights under clause 7(g) to be determined in accordance with the Agreed Pricing Principles.
Defect rectification. (a) The Council may, acting reasonably, give the Relevant Developer a Rectification Notice in relation to a Dedication Dwelling during the Defects Liability Period.
(b) The Relevant Developer, at its own cost, is to comply with a Rectification Notice according to its terms and to the reasonable satisfaction of the Council.
(c) The Council is to do such things as are reasonably necessary to enable the Relevant Developer to comply with such a Rectification Notice.
(d) When the Relevant Developer considers that the Rectification Notice has been complied with, the Relevant Developer must notify the Council and provide documentation, plans or invoices that establish the work required by the Rectification Notice is complete.
(e) The Council may, acting reasonably, after receiving a notice from the Relevant Developer under clause 6.1(d) issue a further Rectification Notice or notify the Relevant Developer that the Rectification Notice has been complied with.
(f) If the Relevant Developer fails to comply with a Rectification Notice without reasonable excuse, the Council may notify the Developer of that fact and may do such things or take such action as is reasonably necessary to carry out the work required by the Rectification Notice, and may call on any Security it holds in relation to any Dedication Dwelling, in accordance with clause 10 to meet its reasonable costs of carrying out the work or recover those costs as a debt due to the Council by the Relevant Developer.
Defect rectification. 15.1 During the Defect Liability Period the Employer’s Representative may instruct the Supplier to remedy any Defect. The Supplier shall forthwith comply with any instructions and at no cost to the Employer.
15.2 Where it is not reasonably practicable to return an item of Plant which is subject to a Defect to the Depot for rectification the Supplier shall as quickly as reasonably practicable take appropriate steps to rectify such Defect at the nearest suitable location.
15.3 In the event that an item of Plant becomes disabled as a result of a Defect which occurs during the Defect Liability Period in such a location as to affect or is likely to affect the operations of the Employer or the operations of railway services provided by third parties, then the Employer may, if it reasonably considers it appropriate, rectify the Defect and the Supplier shall pay on demand to the Employer the reasonable cost of rectification. The Supplier’s obligations shall continue to apply despite any action taken by the Employer pursuant to this clause 15.3 Certificate that Defects Remedied Defects not remedied Epidemic and Endemic Defects
15.4 After the expiry of the Defect Liability Period and when all Defects that the Supplier has been instructed to remedy under clause 15.1 have been remedied, the Employer’s Representative shall issue a certificate to that effect.
15.5 Where there are Defects that the Supplier has been instructed to remedy under clause 15.1 but which have not been remedied within a reasonable period, the Employer’s Representative shall issue a statement identifying:
15.5.1 those Defects that it intends to engage others to rectify, together with a proper estimate of the cost of undertaking those rectification works; and
15.5.2 those Defects that it does not intend to rectify, together with particulars of the appropriate deduction it intends to make in the calculation of the amount due to the Supplier
15.6 Without prejudice to the other provisions of this clause 15, if during the Endemic/Epidemic Protection Period the Employer notifies the Supplier that an Endemic Defect or an Epidemic Defect has occurred, the Supplier shall (within such period as may reasonably be specified in such notice and at the cost of the Supplier) rectify such Endemic Defect or Epidemic Defect, as the case may be (including, where necessary, the replacement of any relevant Spares) in relation to all the Plant affected under all Contract Orders under this Agreement and in respect of whi...
Defect rectification. 4.7.1 The Supplier shall work together with the EPC Contractor with the continual objective that the completion of the Pipeline is not delayed and, once commissioned, that operation of the Pipeline can continue without interruption. Without limitation:
4.7.1.1 the Supplier shall respond promptly and in compliance with the timing commitments set out in this Contract to any notification by the EPC Contractor and/or the Contracting Entity that there is a requirement for Defect rectification of which the EPC Contractor becomes aware (and any such notification by the EPC Contractor, as approved by the Contracting Entity, issued in respect of Goods which have achieved Provisional Acceptance shall be treated as a notification by the Contracting Entity for the purposes of clause 13.3 (Defective Workmanship and Materials));
4.7.1.2 the Supplier shall promptly notify the EPC Contractor and the Contracting Entity of any requirement for Defect rectification of which the Supplier becomes aware; and
4.7.1.3 the Supplier shall co-operate with the EPC Contractor in relation to the planning and execution of any Defect rectification.
4.7.2 In the event of any Defects rectification to be carried out by the Supplier as a result of a failure or an emergency, the Supplier shall:
4.7.2.1 notify the Contracting Entity and the EPC Contractor as soon as possible of the nature of such Defects rectification and the likely disruption to or impact on the EPC Works or (following completion and commissioning) the operation of the Pipeline; and
4.7.2.2 take all steps which are reasonably practicable to minimise the adverse consequences of such Defects rectification.
4.7.3 Clause 13.3.5. shall apply if and to the extent a Defect relates to Goods which have already been incorporated into the EPC Works (or, following commissioning of the EPC Works, the operational Pipeline).
Defect rectification. During the Defect Liability Period the Employer’s Representative may instruct the Supplier to remedy any Defect. The Supplier shall forthwith comply with any instructions and at no cost to the Employer.
Defect rectification. During the contract validity period, if any defect is found due to poor workmanship & is brought to the notice of contractor, contractor shall rectify the defect immediately at no additional cost to MDL.
