Common use of Defect Clause in Contracts

Defect. The scope of delivery is considered defective if the scope of delivery does not comply with the requirements to kind, quantity, quality other properties or packaging which are provided by the Framework Agreement. The scope of delivery is also considered defective if the scope of delivery does not fit the purpose of the procurement, violates any third party rights or if the scope of delivery deviates from the Framework Agreement or the call-off order in relation to warranties etc. The scope of delivery may not be considered defective if the Contractor can establish that the breach is due to the Purchaser or circumstances for which the Purchaser is responsible.

Defect. The scope of delivery is considered defective if the scope of delivery does not comply with the requirements to kind, quantity, quality other properties or packaging which are provided by the Framework Agreement. The scope of delivery is also considered defective if the scope of delivery does not fit the purpose of the procurement, violates any third party rights or if the scope of delivery deviates from the Framework Agreement or the call-off call‐off order in relation to warranties etc. The scope of delivery may not be considered defective if the Contractor can establish that the breach is due to the Purchaser or circumstances for which the Purchaser is responsible.