Defective Deliverables Sample Clauses

Defective Deliverables. 5.1 If Powerlink gives the Contractor notice that a Deliverable does not comply with this Agreement during the Warranty Period, the Contractor must, within the time required by Powerlink, and at no cost to Powerlink, rectify or replace the Deliverables so that they comply with this Agreement. 5.2 All the requirements of this Agreement apply to Deliverables the subject of rectification or replacement under clause 5.1 and they will be subject to a new Warranty Period of the same duration as the initial Warranty Period commencing on the date the rectification or replacement is properly completed.
Sample 1Sample 2Sample 3
AutoNDA by SimpleDocs
Defective Deliverables. If the Goods breakdown or become Defective Deliverables through no fault of the Contractor: (a) the Contractor may direct the Supplier to repair or replace the Goods and the time in which to do so; (b) the Supplier shall bear the cost of repair or replacement and no charges for the Goods shall apply from the time the Contractor notified the Supplier of the breakdown or that the Goods are Defective Deliverables; and (c) if the Supplier fails to repair or replace the Goods in the time directed by the Contractor, without limiting the Contractor’s other rights under this agreement, the Contractor may have the Goods repaired or replaced by a third party and the cost of such repair or replacement shall be a debt due and owing by the Supplier to the Contractor.
Sample 1Sample 2Sample 3
Defective Deliverables. If any Deliverables or part of them are damaged or defective, the Customer must notify Eagle in writing within 5 working days of delivery or: (a) The Customer will be deemed to have accepted the Deliverables; and (b) If not otherwise excluded under the Agreement, to the maximum extent permitted by law Eagle will not have any liability in respect of the damage or defect.
Sample 1Sample 2
Defective Deliverables. 5.1 If the Purchaser gives the Contractor notice that a Deliverable does not comply with this Agreement during the Warranty Period, the Contractor must, within the time required by the Purchaser, and at no cost to the Purchaser, rectify or replace the Deliverables so that they comply with this Agreement. 5.2 All the requirements of this Agreement apply to Deliverables the subject of rectification or replacement under clause 5.1 and they will be subject to a new Warranty Period of the same duration as the initial Warranty Period commencing on the date the rectification or replacement is properly completed. 5.3 The Contractor must, on reasonable prior written notice from the Purchaser, give the Purchaser (or the Purchaser’s nominee) reasonable access to the Contractor’s premises where the Deliverables are being performed or produced, and to the Contractor’s documentation, records and Personnel, to enable the Purchaser to verify that the Contractor is complying with its obligations under this Agreement. The Contractor will promptly address any noncompliance identified by the Purchaser and notified to the Contractor.
Sample 1Sample 2
Defective Deliverables. (a) If the Contractor becomes aware of any Defective Deliverables (whether before or after delivery or supply), the Contractor may direct the Supplier (at its cost) to do any one or more of the following (including times for commencement and completion):‌ (i) refund to the Contractor any payments made by the Contractor in respect of any Defective Deliverables that the Contractor rejects; (ii) remove the Defective Deliverables from the relevant Site; (iii) redesign, reconstruct, replace or correct the Defective Deliverables; (iv) not deliver the Defective Deliverables; and (v) re-perform the Defective Deliverables. (b) If the Supplier fails to comply with a direction given under clause 7(a), the Contractor may have the Defective Deliverables rectified or re-performed by persons other than the Supplier and the cost of such rectification or re-performance will be a debt due and owing by the Supplier to the Contractor.
Sample 1Sample 2
Defective Deliverables. If any Deliverable is defective in material or workmanship or otherwise not in conformity with the specifications or requirements of the Contract, Company shall have the right to reject such Deliverable, revoke its acceptance of such Deliverable and/or otherwise make a warranty claim with respect to such Deliverable. In connection with any such rejection, revocation and/or claim and in addition to recovering from Seller all of Company’s costs incurred as a result of such rejection, Company shall have the option, solely at its election, to require Seller to take any of the following actions as promptly as is possible: (a) to the extent that such defective Deliverable is Equipment, (1) repair such Equipment,
Sample 1Sample 2
Defective Deliverables. 10.1 The Company shall only carry out tests on the Deliverables which are specified in the Quotation (if any). Such tests and inspections shall take place under the Company’s standard testing arrangements, or under such other testing arrangements agreed in writing between the Parties. 10.2 The Buyer shall: 10.2.1 at their own cost inspect and test the Goods within a reasonable period, not exceeding five (5) days after delivery of the Goods against the requirements of clause 9.2 and notify Company of any shortfall in delivery and any defects revealed; 10.2.2 at their own cost inspect and test the work undertaken pursuant to the Services within a reasonable period, not exceeding five (5) days after completion of the Services, against the requirements of clause 9.7 and notify the Company of any defects revealed; and 10.2.3 notify Company of any non-compliance of the Goods or non-compliance of the Services with the terms of this Agreement within a reasonable period, not exceeding five (5) days after the date of delivery of the Goods or performance of the relevant Services (as applicable). 10.3 In the absence of a notice from the Buyer in accordance with clause 10.2, the Company is deemed to have complied with clauses 4.2, 9.2 and 9.5 on delivery of the Goods or performance of the Services (as applicable) and the Buyer shall be deemed to have accepted the Deliverables. The provisions of this clause 10.3 will not affect any remedies available to the Buyer under clause 10.4. 10.4 If the Buyer identifies a defect in the Deliverables as a result of any breach of clause
Sample 1Sample 2
AutoNDA by SimpleDocs
Defective Deliverables. If any Deliverables are found to be defective upon inspection or not in conformity to the Order, Sprint may: SPRINT PROPRIETARY INFORMATION - RESTRICTED (a) cancel the Order as to those Deliverables and accept a corresponding reduction in the Commitment; (b) accept the Deliverables, at an equitable reduction in price; (c) reject the Deliverables and return to Supplier at Supplier's expense and require shipment of replacements which meets the specifications set forth in this Agreement.
Sample 1
Defective Deliverables. (a) If at any time during the period of a manufacturer’s warranty, or otherwise 12 months after delivery, performance, or installation, Xxxxxx Fire becomes aware of any Defect (including but not limited to defective design, performance or inferior quality or workmanship) in the Deliverables, it may, without prejudice to any other right or remedy available, reject the Deliverables and provide notice for the Supplier to:‌ (i) Refund any payments made by Xxxxxx Fire in respect of any Defective Deliverables including the costs of returning goods to the Supplier; or (ii) Re-perform, repair or make good any Defective Deliverables (and in which case this clause 13 will re-apply to such items from the date of repair or replacement); or (iii) Reimburse, or agree to set-off in Xxxxxx Fires favour, any expenses it incurs in performing, making good or re-acquiring (including by others) any Defective Deliverables.
Sample 1

Related to Defective Deliverables

  • SERVICE DELIVERABLES You will receive service on the Covered Product as described below: Carry-In: Unless otherwise provided in this Agreement, the Covered Product must be shipped or delivered and retrieved by You at Our authorized service center during normal business hours. In-Home/On-Site: Service will be performed in Your home or on-site as indicated on the Declarations Page of this Agreement, or on Your sales receipt or invoice provided You have fulfilled the following requirements: (1) provide Our authorized technician with accessibility to the Covered Product; (2) provide a non-threatening and safe environment for Our authorized technician; and (3) an adult over the age of 18 must be present for the period of time Our authorized technician is scheduled to provide service and while Our authorized technician is on Your property servicing the Covered Product. In-Home Service will be provided by Our authorized service provider during regular business hours, local time, Monday through Friday, except holidays. Our authorized service center may opt to remove the Covered Product to perform service in-shop. The Covered Product will be returned upon completion. Additional time and mileage charges for in-home repairs outside of twenty-five (25) contiguous land miles or the normal service radius of Our authorized service center are not covered by this Agreement, and are Your responsibility.

  • Contract Deliverables The Contractor shall provide information technology staff augmentation services, including comprehensive management of staff, as set forth in this Contract. The term “staff” refers to the temporary staff provided by the Contractor to render information technology services identified by Customers, but that staff shall not be deemed an employee of the State or deemed to be entitled to any benefits associated with such employment. Contracts resulting from this solicitation should not be structured as fixed-price agreements or used for any services requiring authorization for payment of milestone tasks. Contractor shall only provide information technology staff augmentation services for those Job Titles awarded to the Contractor and shall be paid on an hourly basis. The Department’s intent is for Contractor’s information technology staff to provide services closely related to those described in the Job Family Descriptions document. Detailed scopes of work, specific requirements of the work to be performed, and any requirements of staff shall be provided by the Customer in a Request for Quote. The Contractor shall possess the professional and technical staff necessary to allocate, outsource, and manage qualified information technology staff to perform the services requested by the Customer. The Contractor shall provide Customers with staff who must have sufficient skill and experience to perform the services assigned to them. All of the information technology staff augmentation services to be furnished by the Contractor under the Contract shall meet the professional standards and quality that prevails among information technology professionals in the same discipline and of similar knowledge and skill engaged in related work throughout Florida under the same or similar circumstances. The Contractor shall provide, at its own expense, training necessary for keeping Contractor’s staff abreast of industry advances and for maintaining proficiency in equipment and systems that are available on the commercial market. The Contractor shall be responsible for the administration and maintenance of all employment and payroll records, payroll processing, remittance of payroll and taxes, and all administrative tasks required by state and federal law associated with payment of staff. The Contractor shall, at its own expense, be responsible for adhering to the Contract background screening requirements, testing, evaluations, advertising, recruitment, and disciplinary actions of Contractor’s information technology staff. The Contractor shall maintain during the term of the Contract all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the information technology staff augmentation services.

  • 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.

  • Project Deliverables The Contractor shall provide each of the following deliverables in writing to the City for review and approval to achieve the project objectives. C.1. <Title> Deliverable 1

  • Deliverables Upon satisfactory completion of the work authorization, the Engineer shall submit the deliverables as specified in the executed work authorization to the State for review and acceptance.

  • Seller Deliverables At the Closing, Seller shall deliver, or cause to be delivered (each, a “Seller Deliverable”, and, collectively, the “Seller Deliverables”): i. to PropCo Purchaser, all agreements, documents, instruments, certificates and other deliverables required to be delivered by the Selling Entities or Real Estate Sellers, as applicable, at or prior to the Closing pursuant to Section 5(a) of the Real Estate Purchase Agreement, in each case, duly executed by the applicable Selling Entities or Real Estate Sellers; ii. to OpCo Purchaser, an IRS Form W-9 duly executed by each applicable Selling Entity (or, with respect to each Selling Entity that is a disregarded entity for U.S. federal income tax purposes, the regarded owner of such Selling Entity for U.S. federal income tax purposes); iii. to OpCo Purchaser, stock or other applicable ownership certificates representing all of the outstanding OpCo Acquired Interests; iv. to OpCo Purchaser, the Intellectual Property License, duly executed by the applicable Selling Entities; v. to OpCo Purchaser, the Transition Services Agreement, duly executed by the applicable Selling Entities, if applicable; vi. to OpCo Purchaser, control of all keys, codes, combinations, and/or passwords to the machinery, equipment, trucks and automobiles at, on or in the Premises, to the extent in the possession of the applicable Selling Entities; vii. to OpCo Purchaser, written resignations, effective as of the Closing Date, of all directors and members of the board of directors, board of managers or similar governing body, and officers of each OpCo Acquired Company; viii. to OpCo Purchaser, the Seller Financing Loan Agreement, duly executed by Seller; ix. to each of OpCo Purchaser and PropCo Purchaser, the Contingent Lease Support Agreement, duly executed by Seller; x. to OpCo Purchaser, an aggregate amount of cash equal to the Reserve Amount (as defined in the Contingent Lease Support Agreement); xi. to the Title Company, title affidavits in the forms attached hereto as Exhibit I, as well as any other affidavit, indemnity, certificate or instrument reasonably required by the Title Company in order to effectuate the issuance of the Title Policy subject only to Permitted Liens; and xii. to each of OpCo Purchaser and PropCo Purchaser, as applicable, each of the other Ancillary Agreements, duly and validly executed by the parties thereto other than OpCo Purchaser or PropCo Purchaser.

  • Other Deliverables For any Deliverable that is not a System Deliverable, the applicable Work Order will set forth the acceptance criteria and other testing required for District to evaluate and accept (or, where necessary, reject) such Deliverable; provided, however, that in no case will a Deliverable be accepted by District until District has provided Contractor with District’s written acceptance thereof.

  • Defective Products A defective product may be returned to PRECISIONARY INSTRUMENTS within thirty (30) days of the delivery date for a refund of the original purchase price with the following amendments/fees. To return a defective product, please contact our Customer Service Department and follow the Return of Products Instructions below.

  • Defective Product If Client rejects Products under Section 6.1 and the deviation is determined to have arisen from Patheon’s failure to provide the Manufacturing Services in accordance with the Specifications, cGMPs, or Applicable Laws, Patheon will credit Client’s account for Patheon’s invoice price for the defective Products. If Client previously paid for the defective Products, Patheon will promptly, at Client’s election, either: (i) refund the invoice price for the defective Products; (ii) offset the amount paid against other amounts due to Patheon hereunder; or (iii) replace the Products with conforming Products without Client being liable for payment therefor under Section 3.1, contingent upon the receipt from Client of all Active Materials and Client-Supplied Components required for the manufacture of the replacement Products. For greater certainty, Patheon’s responsibility for any loss of Active Materials in defective Product will be captured and calculated in the Active Materials Yield under Section 2.2.

  • SERVICES & DELIVERABLES Seller agrees to perform the services ("Services") and/or provide the goods ("Goods", which term shall include goods provided as part of any Services), described in any PO, in accordance with the applicable PO and with this Agreement. Acceptance of a PO and this Agreement shall occur (i) within five (5) days of receipt by the Seller; or, (ii) upon shipment of Goods; or, (iii) upon commencement of a Service, (whichever is the earlier). Seller shall be bound by the provisions of this Agreement, including all provisions set forth on the face of any applicable PO, whether Seller acknowledges or otherwise signs this Agreement or the PO, unless Seller objects to such terms in writing within five (5) days of receiving the Agreement and/or the PO, prior to shipping Goods or prior to commencing Services. This writing does not constitute a firm offer and may be revoked at any time prior to acceptance. This Agreement may not be added to, modified, superseded, or otherwise altered, except by a writing signed by an authorized Apple representative and specifically stated to be an amendment of this Agreement. Any terms or conditions contained in any acknowledgment, invoice, or other communication of Seller which are inconsistent with the terms and conditions of this Agreement, are hereby rejected. To the extent that this Agreement might be treated as an acceptance of Seller's prior offer, such acceptance is expressly made on condition of assent by Seller to the terms hereof and shipment of the Goods or beginning performance of any Services by Seller shall constitute such acceptance. Apple hereby reserves the right to reschedule any delivery or cancel any PO issued at any time prior to shipment of the Goods or prior to commencement of any Services. Apple shall not be subject to any charges or other fees as a result of such cancellation.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!