Defective Goods or Work. Owner, notwithstanding any prior acceptance, at its option, may reject or require prompt correction (in place or elsewhere) of any goods, equipment, supplies, or other work, which are defective in material or workmanship or otherwise fail to meet the requirements of the Agreement. All supplies furnished under the Agreement shall be subject to inspection at F.O.B. destination, and Vendor shall be given notice of any defects, other than latent defects, within a reasonable time after receipt of the goods, equipment, and supplies, along with all records of delivery. Owner may, in addition to any rights it may have by law, prepare for shipment and ship the defective goods, equipment, and supplies to Vendor, require Vendor to remove them, or direct a correction in place. The expense of any such remedy shall be borne by Vendor, including any excess cost.
Appears in 3 contracts
Samples: Consulting Services Agreement, Design Services Agreement, Construction Agreement
Defective Goods or Work. Owner, notwithstanding any prior acceptance, at its option, may reject or require prompt correction (in place or elsewhere) of any goods, equipment, supplies, or other work, which are defective in material or workmanship or otherwise fail to meet the requirements of the Agreement. All supplies furnished under the Agreement shall be subject to inspection at F.O.B. destination, and Vendor Contractor shall be given notice of any defects, other than latent defects, within a reasonable time after receipt of the goods, equipment, and supplies, along with all records of delivery. Owner may, in addition to any rights it may have by law, prepare for shipment and ship the defective goods, equipment, and supplies to VendorContractor, require Vendor Contractor to remove them, or direct a correction in place. The expense of any such remedy shall be borne by VendorContractor, including any excess cost.
Appears in 3 contracts
Samples: Unit Price Construction & Maintenance Agreement, Construction Agreement, Construction Agreement
Defective Goods or Work. Owner, notwithstanding any prior acceptance, at its option, may reject or require prompt correction (in place or elsewhere) of any goods, equipment, supplies, or other work, which are defective in material or workmanship or otherwise fail to meet the requirements of the Agreement. All supplies furnished under the Agreement shall be subject to inspection at F.O.B. destination, and Vendor Construction Manager shall be given notice of any defects, other than latent defects, within a reasonable time after receipt of the goods, equipment, and supplies, along with all records of delivery. Owner may, in addition to any rights it may have by law, prepare for shipment and ship the defective goods, equipment, and supplies to VendorConstruction Manager, require Vendor Construction Manager to remove them, or direct a correction in place. The expense of any such remedy shall be borne by VendorConstruction Manager, including any excess cost.
Appears in 3 contracts
Samples: Construction Manager Agreement, Construction Manager Agreement, Construction Manager Agreement
Defective Goods or Work. OwnerOWNER, notwithstanding any prior acceptance, at its option, may reject or require prompt correction (in place or elsewhere) of any goods, equipment, supplies, or other work, which are defective in material or workmanship or otherwise fail to meet the requirements of the Agreement. All supplies furnished under the Agreement shall be subject to inspection at F.O.B. destination, and Vendor FIRM shall be given notice of any defects, other than latent defects, within a reasonable time after receipt of the goods, equipment, and supplies, along with all records of delivery. Owner OWNER may, in addition to any rights it may have by law, prepare for shipment and ship the defective goods, equipment, and supplies to VendorFIRM, require Vendor FIRM to remove them, or direct a correction in place. The expense of any such remedy shall be borne by VendorFIRM, including any excess cost.
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