Defective, Damaged Sample Clauses

Defective, Damaged or Deteriorated Materials and Rejection Thereof. DCAMM may reject materials if DCAMM reasonably determines that such materials do not conform to the requirements of the Contract in any manner, including but not limited to materials that have become damaged or deteriorated from improper storage whether or not such materials have previously been accepted. CONTRACTOR at its own expense shall remove rejected materials from the Premises. No rejected material, the defects of which have been subsequently corrected, shall be used except with the written permission of DCAMM. Should CONTRACTOR fail to remove rejected material within a reasonable time, DCAMM may, in addition to any other available remedies, remove and/or replace the rejected material, and deduct the cost of such removal and/or replacement from any monies due or to become due CONTRACTOR. No extra time shall be allowed for completion of Installation Services by reason of such rejection. The inspection of the Installation Services shall not relieve CONTRACTOR of any of its obligations herein prescribed, and any defective Installation Services shall be corrected. Installation Services not conforming to this Contract may be rejected notwithstanding that such Installation Services and materials have been previously overlooked or misjudged by DCAMM and accepted for payment. If the Installation Services or any part thereof shall be found defective at any time before Final Project Notification Approval, CONTRACTOR shall forthwith correct such defect in a manner satisfactory to DCAMM. Nothing in this Contract shall be construed as vesting in CONTRACTOR any property rights in the materials used after they have been attached or affixed to the Premises; but all such materials shall upon being so attached or affixed become property of the Commonwealth.
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Related to Defective, Damaged

  • Returns, Damaged or Defective Goods Our policy in relation to Returns, Damaged or Defective Goods shall be as specified in Our standard Terms and Conditions for the supply of Goods and Services. We shall not accept returns for change of mind or if You make a wrong decision unless due to our negligence or incorrect information supplied by Ourselves. Copyright and Trademarks The contents of this Website are at all times the copyright or trademark property of either Ourselves, Our suppliers or linked third parties and You may not distribute, reproduce, display, publish any trademark or other content of this Website for any purpose whatsoever without the prior written approval of Us, Our suppliers or linked third parties (each as applicable). Furthermore You agree to indemnify Us against any claims, costs, damages or losses incurred by Us should You fail to comply with this clause. Advertisers and Linked Sites The display on Our Website of any advertiser or the provision of a link to third party Websites does not constitute Our endorsement of either the advertiser or third party provider or any of their Website content or business practices. As We do not have any control of the content of any third party Websites, access to such Websites is at Your sole risk and We recommend that You thoroughly review the terms and conditions of use and the Privacy policies of any third party Website immediately once You access such a Website. We shall accept no liability in regards to any dealings, promotions or activities between Yourself and advertisers or third party providers. Specifications and Information Specifications and information provided on this Website are given in good faith based on Our knowledge, experience, or information provided to Us by manufacturers and/or suppliers, or derived from sources believed to be accurate at the time the information is received by Us, therefore it is recommended if You have any concerns as to the suitability of Goods or Services provided through this Website in respect of the use of the Goods or Services or their suitability for a particular use that You contact Us or seek external professional opinion. You acknowledge and accept that colours of items displayed on the Website may not reflect the true and actual colour of such items as this may be affected by external influences such as the quality of images supplied to Us for use, or the quality, age or settings on Your monitor. If colour is a major factor in Your decision making We recommend You contact Us before purchase. On-Line Ordering Display on this Website does not guarantee the availability of any particular Good(s) therefore all orders placed through this Website shall be subject to confirmation of acceptance by Us. Orders for Services shall be subject to confirmation of suitable timeframes between You and Ourselves for provision of the Services. Continuous Service Due to the inherent nature of Websites We cannot guarantee uninterrupted or continuous availability of this Website and You accept that the Website may also be unavailable from time to time for maintenance or scheduled upgrades. Where able We shall give You advanced warning of the same. We shall accept no liability in relation to Website downtime whether scheduled or otherwise.

  • Defective Work Work that, for any reason, is not in compliance with the Contract Documents. Defective Work is usually identified in a Notice of Non-Compliant Work.

  • Defective Equipment Provided that you are in compliance with all terms and conditions of this Agreement, while you receive Internet Service under this Agreement, Viasat will, at no additional charge to you, replace Equipment you lease from Viasat that Viasat, in its sole discretion, determines to be defective (“Defective Equipment”). Defective Equipment replacement under this Section 4 expressly excludes charges for home service calls and for damage to, or misuse of, the Equipment. For the first 90 days after initial activation of your Internet Service, Viasat will waive its standard service call charge if Viasat makes a service call. After the first 90 days following initial activation of your Internet Service, Viasat’s standard service call charge shall apply to all service calls by Viasat. You shall notify us promptly of any defect in, damage to, or accident involving your leased Equipment by calling 0-000-000-0000. All maintenance and repair of Equipment shall be performed by us or our designee(s). Viasat may charge you for any repairs that are necessitated by any damage to, or misuse of, the Equipment.

  • Correction of Defective Work 2.10.1 Design-Builder agrees to correct any Work that is found to not be in conformance with the Contract Documents, including that part of the Work subject to Section 2.9 hereof, within a period of one (1) year from the date of Final Acceptance of the Work or any portion of the Work, or within such longer period to the extent required by the Contract Documents or applicable Legal Requirements or Government Approvals.

  • Loss or Damage Lessee hereby assumes and shall bear the entire risk of any loss, theft, damage to, or destruction of, any unit of Equipment from any cause whatsoever from the time the Equipment is shipped to Lessee.

  • Damage or Loss of Equipment 2.2.1. All devices are covered by a manufacturer’s warranty. The warranty covers manufacturer’s defects and normal use of the device. It does not cover negligence, abuse or malicious damage.

  • RISK OF LOSS OR DAMAGE From the point the equipment leaves Company’s office in El Cajon, CA the Customer assumes all risks of loss or damage to the equipment from any cause.

  • Nonconforming Work 23.1.1 Developer shall promptly remove from Premises all Work identified by District as failing to conform to the Contract Documents whether incorporated or not. Developer shall promptly replace and re-execute its own Work to comply with the Contract Documents without additional expense to the District and shall bear the expense of making good all work of other contractors destroyed or damaged by any removal or replacement pursuant hereto and/or any delays to the District or other contractors caused thereby.

  • DEFECTIVE GOODS 20.1 Notwithstanding any certificate and/or receipt that may have been issued by or on behalf of Transnet either in South Africa or overseas, Goods will be accepted at the place of delivery or at the port of shipment, as specified in this Agreement, only as regards outward condition of packages and Transnet retains the right to reject the Goods supplied, on or after arrival at the place to which they are consigned, or after they have been placed in use in South Africa, should they be found defective.

  • Liability for loss or damage Subject to the provisions of the Occupiers Liability Act 1957 and the Defective Premises Act 1972, we shall not in any circumstances incur any liability in respect of loss or damage to any person or property or otherwise, unless the loss or damage was caused by our negligence.

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