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.
20.2 If Goods are rejected owing to latent defects becoming apparent during machining operations or other preparation necessary on the part of Transnet before they can be put into use, the Supplier shall bear all expenses incurred by Transnet in carrying out such necessary operations.
20.3 If such Goods are rejected, the Supplier will pay the following costs:
a) for Goods purchased in South Africa on an ex works basis, the cost of transport from the Supplier’s works in South Africa to the named destination where the Goods have been rejected by Transnet, plus handling charges and storage, if leviable; or
b) for Goods manufactured overseas, the Supplier shall pay all replacement costs including the overseas inland transport cost, freight and insurance charges incurred plus railage or other inland transport costs from the South African port to the place where the Goods have been rejected by Transnet, including handling charges, storage, landing charges, customs duty and surcharges, if leviable.
20.4 If Transnet requires rejected Goods to be replaced, the Supplier shall, when called upon to do so, arrange prompt replacement of the Goods within the prescribed manufacturing lead times for such Goods, as indicated in Schedule 1.
20.5 If Goods are found to be defective but the defects are, in the opinion of Transnet, not of so serious a nature as to warrant total rejection of the Goods, the Supplier shall, when called upon to do so, remedy or make good such defects at its own cost, or Transnet may remedy or make good such defects at the request of the Supplier and recover from the Supplier all costs or expenses reasonably incurred by it in doing so.
20.6 Should the Supplier fail, when called upon to remedy or make good such defects within a reasonable time or to request Transnet to do so, Transnet may proceed to remedy or make good such defects and thereafter recover from the Supplier all such costs and expenses as aforementioned.
20.7 Any amount recoverable from the ...
DEFECTIVE GOODS. 10.1 If on delivery any of the Goods are defective in any material respect and either the Customer lawfully refuses delivery of the defective Goods or, if they are signed for on delivery as “condition and contents unknown” the Customer gives written notice of such defect to the Supplier within 30 Business Days of such delivery, the Supplier shall at its option:
10.1.1 replace the defective Goods within 60 Business Days of receiving the Customer’s notice; or
10.1.2 refund to the Customer the price for those Goods (or parts thereof, as appropriate) which are defective; but the Supplier shall have no further liability to the Customer in respect thereof and the Customer may not reject the Goods if delivery is not refused or notice given by the Customer as set out above.
10.2 No Goods may be returned to the Supplier without the prior agreement in writing of the Supplier. Subject thereto any Goods returned which the Supplier is satisfied were supplied subject to defects of quality or condition which would not be apparent on inspection shall either be replaced free of charge or, at the Supplier’s sole discretion the Supplier shall refund or credit to the Customer the price of such defective Goods but the Supplier shall have no further liability to the Customer.
10.3 The Supplier shall be under no liability in respect of any defect arising from fair wear and tear, or any wilful damage, negligence, subjection to normal conditions, failure to follow the Supplier’s instructions (whether given orally or in writing), misuse or alteration of the Goods without the Supplier’s prior approval, or any other act or omission on the part of the Customer, its employees or agents or any third party.
10.4 Goods, other than defective Goods returned under sub-Clauses 10.1 or 10.2, returned by the Customer and accepted by the Supplier may be credited to the Customer at the Supplier’s sole discretion and without any obligation on the part of the Supplier.
10.5 Subject as expressly provided in these Terms and Conditions, and except where the Goods are sold under a consumer sale, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
10.6 The Customer shall be responsible for ensuring that, except to the extent that instructions as to the use or sale of the Goods are contained in the packaging or labelling of the Goods, any use or sale of the Goods by the Customer is in compliance with all applicable statutory requ...
DEFECTIVE GOODS. If Vendor fails to repair or replace any defective Goods within thirty days from the date of notice of rejection, NYC Health + Hospitals, without limiting any other remedy available to it, may repair or replace such defective Goods at its own reasonable expense, and may subtract such cost from any money due to Vendor. If there is no money due to Vendor, Vendor shall reimburse NYC Health + Hospitals for such costs. This remedy is in addition to, and not a substitution for, any other right or remedy whether express or implied and any guarantee or warranty whether existing by contract or as a matter of law.
DEFECTIVE GOODS. If any of the Goods fail to meet the warranties contained in Section 11 (a "Nonconformity"), Seller shall, upon notice from Buyer, promptly correct or replace those Goods at Seller's expense. If Seller shall fail to adequately address the Nonconformity, then Seller shall reimburse Buyer for all costs to correct or replace the Nonconformity in the Goods. If Seller fails to do so, Buyer may cancel this Order as to all such Goods, and in addition, may cancel the then remaining balance of this Order. After notice to Seller, all such Goods will be held at Seller's risk. Buyer may, and at Seller's direction shall, return such Goods to Seller at Seller's risk, and all transportation charges, both to and from the original destination, shall be paid by Seller. Any payment for such Goods shall be refunded by Seller unless Seller promptly corrects or replaces the same at its expense. If any field problem occurs as a result of a Nonconformity in the Goods and is sufficiently serious and widespread to threaten Buyer’s marketing of its end product or Buyer’s reputation, or poses a previously unforeseen safety hazard or causes any governmental agency, including, without limitation, a governmental consumer product safety agency or the United States Consumer Products Safety Commission, to require a change in Buyer’s end product, such that a recall or Product Improvement Program (a "PIP") is a reasonable corrective action, Seller shall pay forthwith to Buyer all costs and expenses reasonably incurred by Buyer in taking such corrective action. If the corrective action is necessary in part because of a Nonconformity in the Goods provided, and in part because of an act or omission of Buyer, said costs and expenses shall be allocated between the parties pro rata according to their respective percentage of fault.
DEFECTIVE GOODS. CHH may reject any goods failing to comply with this Agreement. Any rejected goods may be returned by CHH at the cost of the Seller, with any moneys paid by CHH to be repaid immediately by the Seller. The rejected goods shall upon rejection become the property of the Seller, and, if held by CHH, will be held at the Seller’s risk. Any rejected goods marked or identified by a CHH trademark shall not be sold or otherwise disposed of by the Seller while so marked or identified.
DEFECTIVE GOODS. Where the goods are Defective, Suncorp may, without prejudice to Suncorp's other rights and remedies, at its option: (i) reject the goods; or (ii) accept the goods on terms acceptable to Suncorp (including a reasonable reduction to the Fees). If Suncorp rejects the goods, the Supplier will promptly collect the goods from Suncorp and, unless Suncorp agrees to accept replacement goods (in which case the replacement goods must be supplied in accordance with this Order), the Supplier will refund all amounts paid by Suncorp in respect of the goods.
DEFECTIVE GOODS. (i) Seller warrants to Buyer that the goods will be free from defects in material and workmanship for the period of [defined in Attachment “A”: Xxxxxx Xxx, Xxxxxxxx, Xxxx, and YZ Products. Attachment B: LMI products] from the Invoice Date or as otherwise agreed to by the parties in the order. Seller's liability and Buyer's remedy under this warranty are limited to the repair or replacement, at Seller's election, of goods or parts thereof returned to Seller which are shown to Seller's reasonable satisfaction to have been defective; provided that written notice of the defect is provided by Buyer to Seller within thirty (30) days of identification of defect. Transportation charges for the return of defective goods to Seller and their reshipment to Buyer and the risk of loss thereof will be borne by Seller only if returned in accordance with written shipping instructions from Seller. If services or data are to be furnished, Seller warrants to Buyer that such services will be performed, or such data prepared in a good workmanlike manner. Seller's liability and Buyer's remedy under this warranty are limited to the correction of such services or data as are shown to Seller's reasonable satisfaction to have been defective; provided that written notice of such defective services or data has been provided by Buyer to Seller within thirty (30) days after the performance of such services or delivery of such data by Seller.
(ii) Seller’s warranty does not extend to used product or products or services not manufactured or provided by Seller; however, Seller will provide to Buyer the benefits of any supplier’s warranty.
(iii) Seller’s warranty does not extend to any product found to have been subjected to abnormal operating conditions, the use of unapproved parts to the extent such parts are found to be the cause of the failure, or failure to follow the installation, operation and maintenance instructions provided by Seller.
DEFECTIVE GOODS a. Goods found to be defective will be quarantined on location and the Offeror’s representative called in to confirm. Once the Offeror has been notified of the quarantine, all shipments of Goods under the Draw Down, potentially affected by the defect, will cease until the cause of the defect has been remedied.
DEFECTIVE GOODS. 1. For a period of twelve (12) months after the Delivery, MCi agrees to repair or replace, at its option, without charge to the Customer for labour or materials, any defects in material or workmanship in any such good. This warranty is subject to proper storage, installation and operation of the product by the Customer under normal circumstances does not cover parts or components of goods which are not manufactured by MCi. In case of any defect in any such parts of components, MCi shall cooperate with the Customer to obtain the benefits of warranties by manufacturers of such parts of components.
2. The warranty specified in Article 10 paragraph 1 above does not apply to defects caused by (i) the Customer when incorporating any of MCi’s Goods into a product sold by the Customer, (ii) normal wear and tear, (iii) use for another purpose than the purpose for which the object sold is evidently fit, (iv) any event that cannot be attributed to MCi, or (v) insufficient or negligent maintenance.
3. The warranty specified in Article 10 paragraph 1 above shall not apply in a situation where the product sold by MCi is sold “on sample”. If MCi has provided the Customer with (a) sample(s) of the product sold before MCi has entered into an agreement with the Customer, MCi only warrants that the Goods sold in accordance with the sample(s).
4. All Goods replaced pursuant to the warranties specified in Article 10 paragraph 1 shall become the property of MCi and, to the extent wished by MCi, shall be returned to MCi.
5. The warranties as specified in Article 10 paragraph 1 are in lieu of all other warranties, expressed or implied, including without limitation implied warranties of fitness for a particular purpose, and all other warranties which extend beyond the description of the warranty herein. All of which other warranties are disclaimed and excluded.
DEFECTIVE GOODS. The Buyer may reject any goods which fail to comply with the terms of this Agreement. Any rejected goods may be returned by the Buyer at the cost of the Seller, with any monies paid by the Buyer to be repaid immediately by the Seller.
