Defective Conditions Clause Samples
The DEFECTIVE CONDITIONS clause defines the responsibilities and procedures related to goods or services that are found to be faulty, non-conforming, or otherwise not meeting agreed standards. Typically, this clause outlines the process for identifying defects, notifying the responsible party, and the remedies available, such as repair, replacement, or refund. For example, if a delivered product is discovered to be malfunctioning within a specified period, the supplier may be required to fix or replace it at no additional cost. The core function of this clause is to protect the buyer by ensuring that any defects are addressed promptly and fairly, thereby allocating risk and maintaining quality assurance in the transaction.
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Defective Conditions. If the design or construction of the Hotel is defective, and the defective condition causes material damage to the Hotel, poses a risk of injury to people or property, does not comply with the Brand Standards, or is not in compliance with one or more Legal Requirements, after written notice from Manager, Owner shall as expeditiously as possible remedy such defect. To the extent such design or construction poses a risk of injury to people or is results in the Hotel not being in compliance with one or more Legal Requirements, Owner's obligation to proceed expeditiously shall apply regardless of whether or when insurance proceeds may be available to cover the necessary expenditures. Any amounts expended by Owner in Double Tree Resort by Hilt▇▇ ▇▇▇▇▇▇ ▇▇▇ch Oceanfront - MA effecting the remedy of any such defect shall not be deducted in determining Total Operating Revenue and shall not be funded from any of the Hotel Accounts (other than the FF&E Reserve to the extent any such remedy requires FF&E Expenditures).
Defective Conditions. To be eligible for Popeyes standards, all whole birds used as raw materials, and parts shall be free form and not show any evidence of:
1. Decomposition (slimy texture, pungent).
2. Internal organs (lungs, trachea, crop, etc.) that were not completely removed during the evisceration process.
3. Feathers (pin feathers, brush feathers, excessive hairs).
4. Any extraneous material of any type either inside the shell cavity or on the outside of the carcass.
5. Either frozen or have been previously frozen.
Defective Conditions. Seller has elected Option (2) with respect to all Defective Conditions. Following the Closing, Buyer shall be solely responsible for correcting such Defective Conditions, as set forth in Section 6.1 of the Agreement.
Defective Conditions. To the best of Trustor's knowledge, -------------------- information and belief, there are no encroachments, defects or conditions affecting the Property (including expansive or unstable soil) that would make the Property unsuitable for its current use or for any different use contemplated by Trustor. To the best of Trustor's knowledge, information and belief, there are no abnormal hazards, including earth movement or slippage, affecting the Property. To the best of Trustor's knowledge, information and belief, the Real Property is undamaged and free from any structural or other defects and no Hazardous Materials (as defined in Section 2.19 below) exist on or adjacent to the Real Property, except where such Hazardous Materials condition is disclosed in writing to Beneficiary prior to the date hereof.
Defective Conditions. To be eligible for Churchs standards, all whole birds and parts used as raw materials shall be free from and not show any evidence of:
1. Decomposition (slimy texture, pungent or off odor).
2. Internal organs (lungs, trachea, crop, etc.) not completely removed during the evisceration process.
3. Feathers (pin feathers, brush feathers, excessive hair).
4. Any extraneous material of any type either inside the shell cavity or on the outside of the carcass.
5. Either frozen or previously frozen.
Defective Conditions