Defective Goods and/or Services. 10.1 If upon inspection or testing during the Term and until the end of the Warranty Period, the Principal identifies Defective Goods and/or Services, it may give the Supplier a notice requiring the Supplier to rectify any defects identified (Defect Notice).
10.2 The Supplier must, at its own cost and risk, rectify the defect to the Principal's satisfaction, by the date specified in the Defect Notice.
10.3 If the Supplier fails to comply with clause 10.2, the Principal may:
(a) reject the Defective Goods and/or Services by notifying the Supplier that it is rejecting them; or
(b) make good the Defective Goods and/or Services itself; and the Supplier must:
(c) refund to the Principal any payments made by the Principal in respect of any Defective Goods and/or Services that the Principal rejects; or
(d) reimburse the Principal for any expenses the Principal incurs in making good any Defective Goods and/or Services itself.
10.4 The remedies provided in this clause do not exclude any other remedies provided by law.
Defective Goods and/or Services. If, at any time, (whether or not a reasonable time has passed for inspection after delivery of the Goods and/or Services) Steel Diamond discovers that the Goods and/or Services do not comply in any material respect with any warranty given under clause 2.3 or are otherwise not in accordance with this Agreement, Steel Diamond may (without limiting any other right available to it) deliver to the Supplier a notice under clause 11.2.
Defective Goods and/or Services. (a) The Supplier must only supply Goods and/or Services that conform in all respects with the requirements set out in clauses 5 and 6.
(b) The Supplier acknowledges that Ameropa is not required to conduct any inspection or testing of the Goods prior to use and the Supplier waives any right to require Ameropa to conduct an inspection of the Goods on or after delivery.
(c) If Ameropa, through inspection or testing or otherwise, determines that any Goods and/or Services are Defective Goods and/or Services, Ameropa may reject the Defective Goods and/or Services by returning them to the Supplier at the Supplier's cost.
(d) At Ameropa's option and request, the Supplier must:
(i) refund to Ameropa any payments made by Ameropa in respect of any Defective Goods and/or Services that it rejects; or
(ii) make good free of charge any Defective Goods and/or Services that Ameropa rejects.
(e) Ameropa's inspection, testing or acceptance of some or all of the Goods and/or Services does not:
(i) change or affect the Supplier's obligations under this Agreement; or
(ii) affect Ameropa's rights to claim for any Loss it may suffer because of the Supplier's breach of this Agreement.
(f) The rights and obligations in this clause 7 survive the termination or expiration of this Agreement.
Defective Goods and/or Services. 11.1 If, at any time, (whether or not a reasonable time has passed for inspection after delivery of the Goods and/or Services) ATCO discovers that the Goods and/or Services do not comply in any material respect with any warranty given under clause 2.3 or are otherwise not in accordance with this Agreement, ATCO may (without limiting any other right available to it) deliver to the Supplier a defects notice under clause 11.2.
11.2 The Supplier must, if ATCO issues a defects notice in writing, at the cost of the Supplier and within the timeframes ATCO (acting reasonably) specifies:
(a) in respect of Goods or Deliverables, either:
(i) remove some or all of the Goods or Deliverables, rectify the defects in them and return them to ATCO; or
(ii) replace some or all of the Goods or Deliverables; and
(b) in respect of Services, either:
(i) rectify some or all of the Services; or
(ii) resupply some or all of the Services.
11.3 If ATCO gives the Supplier a notice under clause 11.2 within a reasonable time of delivery of Goods and/or Services and the Supplier fails to comply with that notice within the timeframes specified, ATCO may return the Goods and/or Deliverables to the Supplier.
11.4 If ATCO exercises its rights under clause 11.3, the Supplier must pay ATCO:
(a) the Price paid by ATCO for the Goods and/or Deliverables returned; and
(b) any costs reasonably incurred or losses suffered by ATCO due to the delivery or return of those Goods and/or Deliverables.
Defective Goods and/or Services. 9 Bienes y/o Servicios Defectuosos 9.1 If upon inspection or testing during the Term and until the end of the Warranty Period, the Principal identifies Defective Goods and/or Services, it may at its election: (a) reject the Defective Goods and/or Services by notifying the Contractor that it is rejecting them; (b) direct the Contractor to make good the Defective Goods and/or Defective Services; or 9.1 Si al inspeccionar o probar durante el Período y hasta el final del Período de Garantía, el Mandante identifica Bienes y/o Servicios Defectuosos, puede a su elección: (a) rechazar los Bienes y/o Servicios Defectuosos notificando al Contratista que los está rechazando; (b) ordenar al Contratista que repare los Bienes Defectuosos y/o Servicios Defectuosos; o
(c) make good the Defective Goods and/or Services itself; and and the Contractor must: (d) refund to the Principal any payments made by the Principal in respect of any Defective Goods and/or Services that the Principal rejects; (e) make good free of charge any Defective Goods and/or Services as per the Principal’s request; or (f) reimburse the Principal for any expenses the Principal incurs in making good any Defective Goods and/or Services itself. 9.2 The remedies provided in this clause do not exclude any other remedies provided by law. (c) reparar los bienes y/o servicios defectuosos el mismo; y el Contratista debe: (d) reembolsar al Mandante cualquier pago efectuado por el Mandante con respecto a cualquier Bienes y/o Servicios Defectuosos que el Mandante rechace; (e) reparar gratuitamente todos los Bienes y/o Servicios Defectuosos según la solicitud del Mandante; o (f) reembolsar al Mandante cualquier gasto que el Mandante incurra en la reparación de Bienes y/o Servicios Defectuosos.
Defective Goods and/or Services. Services by the Due Date, the Supplier must notify HWC at the earliest possible opportunity detailing the: (a) cause of the delay;
Defective Goods and/or Services. (a) The Supplier must only supply Goods and/or Services that conform in all respects with the requirements set out in this Agreement.
(b) If through inspection, testing or otherwise, Ameropa, determines, acting reasonably, that any obligations under this Agreement; or
(ii) affect Ameropa's rights to claim for any Loss it may suffer because of the Supplier's breach of this Agreement.
(e) The rights and obligations in this clause 7 survive the termination or expiration of this Agreement.
Defective Goods and/or Services. 7.1 The Supplier must only supply Goods and/or Services that conform in all respects with the requirements set out in clauses 5 and 6.
7.2 The Supplier acknowledges that XXXXXX is not required to conduct any inspec- tion or testing of the Goods prior to use and the Supplier waives any right to require XXXXXX to conduct an inspection of the Goods on or after delivery.
7.3 If XXXXXX, through inspection or testing or otherwise, determines that any Goods and/or Services are Defective Goods and/or Services, XXXXXX may reject the Defective Goods and/or Services by returning them to the Supplier at the Supplier’s cost.
7.4 At XXXXXX’x option and request, the Supplier must:
(a) refund to XXXXXX any payments made by XXXXXX in respect of any Defective Goods and/or Services that it rejects; or
(b) make good free of charge any Defective Goods and/or Services that XXXXXX rejects.
7.5 XXXXXX’x payment for or inspection, testing, rejection or acceptance of, some or all of the Goods and/or Services does not:
(a) change or affect the Supplier’s obligations or liabilities under this Agreement; or
(b) affect XXXXXX’x rights to claim for any Loss it may suffer under clause 14.
7.6 The rights and obligations in this clause 7 survive the termination or expiration of this Agreement.
7.7 In addition to the obligations set out in this clause 7, if the Supplier is not the manufacturer of the Goods, it must provide manufacturer warranties in respect of the Goods which mirror those that the Supplier is required to give Customer in respect of the Goods, provided however that such warranty defect period under such warranties shall not be required to exceed a period of 10 years from the date of delivery.
Defective Goods and/or Services. Without limiting KSPC's other rights or remedies, Supplier will, at KSPC's option and at Supplier's expense, repair or replace any Defective Goods and/or Defective Services. If Supplier fails to repair, replace or make good any such defect, KSPC may, upon notice to Supplier, take such action on its own and charge the cost thereof to Supplier and Supplier will promptly pay KSPC for the costs so incurred. The liability of Supplier with respect to the payment of costs, losses and damages pursuant to a breach of Warranty set out in Section 18 will not exceed the purchase price of the Goods and/or Services pursuant to the terms of the Purchase Order. All repairs or replacements of Defective Goods by Supplier will be warranted by Supplier for a further period equivalent to the warranty period for Goods that is set forth in Section 18.
Defective Goods and/or Services. 9 Bienes y/o Servicios Defectuosos 9.1 If upon inspection or testing during the Term and until the end of the Warranty Period, Fortescue identifies Defective Goods and/or Services, it may at its election: (a) reject the Defective Goods and/or Services by notifying the Contractor that it is rejecting them; (b) direct the Contractor to make good the Defective Goods and/or Defective Services; or 9.1 Si al inspeccionar o probar durante el Período y hasta el final del Período de Garantía, Fortescue identifica Bienes y/o Servicios Defectuosos, puede a su elección: (a) rechazar los Bienes y/o Servicios Defectuosos notificando al Contratista que los está rechazando; (b) ordenar al Contratista que repare los Bienes Defectuosos y/o Servicios Defectuosos; o
