Defective Goods and Services Sample Clauses
Defective Goods and Services. (a) If DMF Engineering Pty Ltd determines that any of the Goods or Services are unsatisfactory, defective, of inferior quality or workmanship or fail to meet any requirements of this Agreement, (Defective) the Supplier must do any of the following, at its own cost, as determined by DMF Engineering Pty Ltd in its absolute discretion:
(i) re-take possession of the Defective Goods and refund the Price for the Defective Goods to DMF Engineering Pty Ltd;
(ii) Deliver replacements of the Defective Goods or re- perform the Defective Services; or
(iii) repair the Defective Goods or remedy the Defective Services, and reimburse DMF Engineering Pty Ltd any loss or damage it has incurred or suffered as a result of the supply of the Defective Goods or performance of the Defective Services.
(b) The rights under clause 6(a) are in addition to any other rights of DMF Engineering Pty Ltd under the Agreement or at Law.
(c) If DMF Engineering Pty Ltd requires the Supplier to re-take possession of Defective Goods, the Supplier must collect the Defective Goods within 7 days from when notified by DMF Engineering Pty Ltd, failing which DMF Engineering Pty Ltd may (but is not obliged to) return the Defective Goods to the Supplier at the Supplier’s cost and risk.
(d) Unless otherwise stated in the Purchase Order, the Supplier warrants that for the period offered by the Supplier or a period of 12 months, whichever is longer, from the completion of Delivery (Warranty Period), it will at its cost repair or replace any Defective Goods or re-perform any Defective Services. Such replacements, repairs or re- performance must be carried out at the times notified by DMF Engineering Pty Ltd and so as to minimize any inconvenience to users of the Site.
(e) The Supplier must do all things necessary to ensure that DMF Engineering Pty Ltd has the benefit of any warranties given by any third parties in respect of the Goods and must give DMF Engineering Pty Ltd all documentation relating to such warranties. Such third-party warranties are in addition to the warranties of the Supplier.
(f) If the Supplier fails to take action as and when directed under clause 6(a), DMF Engineering Pty Ltd may, without further notice to the Supplier, engage a third party to replace or repair Defective Goods or re-perform Defective Services and all costs and damages suffered by DMF Engineering Pty Ltd in connection with the Supplier’s failure shall be a debt due and payable to DMF Engineering Pty Ltd.
Defective Goods and Services. 12.1 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 a defect to the Supplier within 2 Business Days of such delivery, the Supplier shall at its option:
12.1.1. replace the defective Goods within 15 Business Days of receiving the Customer’s notice; or
12.1.2. refund to the Customer the Contract Price for those Goods (of 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 no notice is given by the Customer in accordance with this clause.
12.2 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.
12.3 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.
12.4 Goods, other than defective Goods returned under Clauses 12.1 or 12.2, 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.
12.5 Subject as expressly provided in these Terms and Conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
12.6 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 requirements and that handling and sale...
Defective Goods and Services. 4.1. If ESS determines that any Goods or Services are unsatisfactory, defective, of inferior quality or workmanship or fail to meet any requirements of the Agreement, (Defective) the Supplier must do any of the following, at its cost, as determined by ESS in its absolute discretion:
(a) re-take possession of the Defective Goods and refund the Price for the Defective Goods to ESS;
(b) Deliver replacements of the Defective Goods or re-perform the Defective Services; or
(c) repair the Defective Goods or remedy the Defective Services, and reimburse ESS any damages or loss it has suffered as a direct result of the supply of the Defective Goods or Services. These rights are in addition to any other rights of ESS under the Agreement, at Law or in equity.
4.2. The Supplier warrants that for the Warranty Period, it will at its cost repair or replace any defective Goods or Services which become apparent under normal working conditions during such period. All replacements or repairs must be carried out at the times notified by ESS and so as to minimise any inconvenience to users of the Site.
4.3. The Supplier must do all things to ensure that ESS has the benefit of any warranties given by any third parties in respect of Goods and must give ESS all documentation relating to such warranties. Third party warranties are in addition to the warranties of the Supplier.
4.4. If the Supplier fails to correct Defective Goods or Services as and when directed under clause 4.1, ESS may, without further notice to the Supplier, engage another to replace or repair Defective Goods or re-perform Defective Services and all costs and damages suffered by ESS in connection with the Supplier’s failure shall be a debt due and payable to ESS.
Defective Goods and Services. 7.1. If, any of the Goods or Services are found to be Defective, Xxxxxx may, at the Supplier’s cost:
a) return the Defective Goods to the Supplier;
b) reject the Defective Services;
c) repair or make good the Defective Goods; or
d) re-perform or make good the Defective Services.
7.2. The Supplier must at the Supplier's cost, if requested to do so by Xxxxxx:
a) repair or replace the Defective Goods;
b) re-perform or make good the Defective Services; or
c) reimburse Xxxxxx for any expenses incurred in repairing, re- performing or making good (as the case may be) any Defective Goods or Services.
Defective Goods and Services. 6.1. Notwithstanding the provisions of Clause 3 the Purchaser's signature on a delivery note and the acceptance of Goods on delivery shall not prevent the Purchaser subsequently rejecting the Goods in accordance with this Clause.
6.2. For a period of 12 months after the delivery of any Goods the Supplier shall be responsible for correcting any Goods found not to be in accordance with the Purchase Order or found to have been defective in any way at the time of delivery, including all costs reasonably incurred by the Purchaser in remedying any such deficiency which is not remedied promptly by the Supplier.
6.3. The Supplier shall repeat at no additional charge, any Services which are not carried out to the reasonable satisfaction of the Purchaser.
Defective Goods and Services. 9.1 If within a reasonable time of delivery, it is apparent to KPA that the Goods or any part of the Goods are not in accordance with this Order, KPA may return those Goods to the Supplier.
9.2 If KPA exercises its rights under clause 9.1, the Supplier must pay KPA:
(a) any amounts paid by KPA for the Goods returned; and
(b) any costs incurred or losses suffered by KPA in connection with the delivery or return of those Goods.
9.3 If, at any time, (whether or not a reasonable time has passed for inspection after delivery of the Goods) KPA discovers that the Goods or Services do not comply with any warranty given under clause 8.1 or are otherwise not in accordance with this Goods and Services Agreement, KPA may (without limiting any other right available to it):
(a) rectify the Goods or Services or have the Goods or Services rectified and the cost, loss, damage and expense suffered or incurred by KPA will be a debt due from the Supplier to KPA; or
(b) deliver to the Supplier a notice under
9.4 The Supplier must, if KPA so requires by notice in writing, at the cost of the Supplier and within the timeframes KPA (acting reasonably) specifies:
(a) in respect of Goods, either:
(i) remove some or all of the Goods, rectify the defects in them and return them to KPA; or
(ii) replace some or all of the Goods; and
(b) in respect of Services, either:
(i) rectify some or all of the Services; or
(ii) resupply some or all of the Services.
Defective Goods and Services. This provision applies to goods and services that fail, are determined to be non-compliant with the Agreement, or are otherwise deemed defective after Buyer acceptance but before Buyer’s obtains acceptance from its customer for the AAV in which such goods and services are incorporated. Buyer’s rights herein are in addition to all other rights set forth elsewhere in this Agreement, including without limitation in the clauses entitled WARRANTY and INDEMNIFICATION. The parties agree that quantifying damages caused by Seller’s provision of defective goods or services is inherently difficult and that this provision is not a penalty, but rather a reasonable estimate of such damages, based upon the parties’ experience and the nature of the damages that may result. If Seller delivers goods or services that are deemed defective before Buyer obtains customer acceptance of the AAV in which the goods or services are incorporated, Seller shall be assessed liquidated damages totaling the following: (i) the amount of 1% , plus (ii) the amount liquidated damages set forth in paragraph (a) above for each day that passes between the date the defective good or service was detected and notified to Seller until the date upon which Seller replaces, repairs, or re-performs the defective good or service. Liquidated damages shall be assessed by decrementing Seller’s invoices. If Buyer terminates this contract in whole or in part under Article 20 hereof, Seller remains liable for the excess costs of repurchase under Article 20. Seller will not be charged with liquidated damages when the defects in the goods or services are beyond the control and without the fault or negligence of Seller. In no event shall liquidated damages assessed hereunder exceed 20% of the price or estimated value of the delayed good or service. If, for a particular delivery of goods or services, Seller is liable for liquidated damages under both paragraphs (a) and (b) above, in no event shall the total amount of liquidated damages assessed exceed 20% of the price or estimated value of the delayed and defective good or service. PAYMENT Invoices shall contain the following information: order number, item number, description of goods or services, sizes, quantities, unit prices and extended totals. Invoices submitted hereunder will be paid Net 45 Days after receipt of proper invoice, less offset for any amount owed to Buyer. The price(s) set forth herein shall include all applicable Federal, State and local taxes ...
Defective Goods and Services. 7.1 If any of the goods / services are found to be defective, OFA may at the Supplier’s cost:
(a) Return the defective goods to the Supplier.
(b) Reject the defective services.
(c) Repair or make good the defective goods.
(d) Re-perform or make good the defective services and / or
7.2 The Supplier must at their cost, if requested by OFA to do so:
(a) Repair or replace the defective goods.
(b) Re-perform or make good the defective services.
(c) Reimburse OFA for any expenses incurred in repairing, re-performing or making good (as the case may be) and defective goods / services.
Defective Goods and Services. 10.1 If, in the reasonable opinion of the Customer, Goods do not meet the requirements of the Contract (Defective Goods), the Customer may, in its absolute discretion:
(a) reject the Defective Goods and, if any payment has been made for the Defective Goods, the Supplier must reimburse to the Customer, as a debt due, the amount paid for the Defective Goods; or
(b) require the Supplier to, at its cost, repair or replace the Defective Goods. If the Supplier fails to do so, the Customer may repair or make good the Defective Goods and recover from the Supplier, as a debt due, the reasonable costs incurred in doing so.
10.2 If, in the reasonable opinion of the Customer, Services do not conform to the requirements of the Contract (Defective Services), the Customer may require the Supplier, at its cost, to do all things as are necessary to rectify the Defective Services. If the Supplier fails to comply rectify the Defective Services within any time stated by the Customer (or within a reasonable time if no time is stated), then the Customer may rectify the Defective Services and recover from the Supplier, as a debt due, the reasonable costs incurred in doing so.
10.3 If the Customer exercises its rights under clause 10.1(a) and the Supplier does not remove the Defective Goods from the Customer’s premises, the Customer may either: store the Defective Goods at the Supplier’s cost and risk or return the Defective Goods to the Supplier at the Supplier’s cost and risk.
10.4 The Customer may recover from the Supplier, as a debt due, the reasonable costs incurred in exercising its rights under clause 10.3.
10.5 No payment by the Customer prejudices the Customer’s rights under this clause 10.
Defective Goods and Services. 9.1 All costs and damages incurred by the Company in connection with the delivery or execution, as the case may be, of Defective Goods and Services by the Contractor, including transportation charges, shall be borne by the Contractor.