Common use of DEFECTIVE GOODS Clause in Contracts

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. 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 's marketing of its end product or Buyer’s '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 '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.. Rev. March 2010

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 ’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 Noncon- formity 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 ’s risk. Buyer may, and at Seller's ’s direction shall, return such Goods to Seller at Seller's ’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 prompt- ly 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. If any of the Goods goods fail to meet the warranties contained guarantees in Section 11 (a "Nonconformity")Clause 11, the Seller shall, upon notice from Buyerat the Buyers choice, promptly either correct the defective goods or replace those Goods them quickly at Seller's expensethe Sellers own cost. If Seller shall fail to adequately address Furthermore, 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 choose to annul this Purchase Order as with regard to all such Goods, defective goods and in addition, may addition cancel the then remaining balance of this OrderPurchase Order that remains unfilled. After notice the Seller is notified that defective goods have been detected, those goods shall be maintained at the Sellers risk. The Buyer may return such goods to the Seller, all such Goods will be held following any instructions given by the Seller, but always at Seller's risk. Buyer may, and at Seller's direction shall, return such Goods to Seller at the Seller's risk, and all transportation charges, both to and shipping expenses to/from the original destination, destination point shall be paid borne by the Seller. Any payment for such Goods goods shall be refunded reimbursed by the Seller, save where the Seller unless Seller promptly corrects the defective goods or replaces the same them quickly at its own expense. If Should any field practical problem occurs occur as a result of a Nonconformity non-conformance in the Goods and goods supplied hereunder that is sufficiently serious and widespread frequent enough to threaten Buyer’s endanger the Buyers marketing of its end the final product or Buyer’s the Buyers reputation, or poses a previously unforeseen safety hazard risk, or causes makes any governmental agencypublic body, including, without limitation, a governmental consumer product safety agency or including but not limited to the United States Consumer Products Product Safety Commission, to require demand a change in Buyer’s end the Buyers final product, such that as a recall or a Product Improvement Program (a "PIP") is as a reasonable corrective action, the Buyer shall be entitled to recoup from the Seller shall pay forthwith to Buyer all costs and expenses reasonably incurred by the Buyer in taking such said corrective actionmeasures. If the corrective action measure is necessary in part because due to the non-conformance of a Nonconformity in the Goods provided, supplied goods and in part because of an act due to some action or omission of by the Buyer, said costs and expenses shall be allocated between distributed proportionally among the parties pro rata according to in accordance with their respective percentage of faultnon-conformance. Save where expressly agreed otherwise, and regardless of any terms of law, the Seller guarantees its goods for one (1) year after delivery. This warrantee shall be for five (5) years for defects stemming from hidden flaws in the supplied goods.

DEFECTIVE GOODS. If any of the Goods fail to meet the warranties contained in Section 11 Sections 12, 13 and 14 (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. If 12.1 Unless otherwise expressly agreed in writing all conditions, guarantees, warranties, representations whether express or implied by statute, common law or otherwise are hereby excluded. 12.2 Subject to Condition 12.8, the Seller's totally liability for any loss or damage which the Buyer may suffer by reason of any act, omission, neglect or default (including negligence) in the performance of the Contract by the Seller its servants or agents including without limitation any breach of the terms of the contract tort (including negligence) breach of statutory duty, or otherwise shall be limited to the purchase price of the Goods fail in respect of which the claim arises although the Seller may at its option agree to meet replace the warranties Goods and in no event shall the Seller be liable for any delays in meeting specified delivery dates. 12.3 In no event will the Seller be liable whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of goodwill, loss of business, loss of business opportunity, loss of anticipated saving , loss of goodwill, loss of business, loss of business opportunity, loss of anticipated saving or for any indirect or consequential losses suffered by the Buyer and/ or additional costs suffered by the Buyer in purchasing goods similar to the Goods or for any damages caused to the Buyer by defective design. 12.4 The Seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal use, failure to follow the Seller's instructions, lack of proper maintenance or servicing, misuse or alteration or repair of the Goods without the Seller's prior written approval. 12.5 In no event will the Seller be liable for any defects in the Goods not notified to it within six month of the date of delivery of the Goods. 12.6 The Seller shall not be liable in any event under the Contract for any delay or failure in performing its obligations under the Contract if such failure or delay is caused or contributed to by any happening or event beyond its reasonable control including without limitation trade disputes, machinery breakdown, accident and/or failure of supplies. 12.7 Notwithstanding anything to the contrary contained in Section 11 (a "Nonconformity"), the Conditions and without prejudice to the rights of the Seller shall, upon notice from Buyer, promptly correct or replace those if the Goods at Seller's expense. If Seller shall fail to adequately address satisfy acceptance tests then 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 deemed to meet fully the agreed specifications. 12.8 Nothing in these Conditions shall limit or exclude the Seller's liability for: 12.8.1 death or personal injury caused by Seller unless Seller promptly corrects its negligence, 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 negligence of its end product employees, agents or Buyer’s reputation, subcontractors (as applicable); 12.8.2 fraud or poses a previously unforeseen safety hazard fraudulent misrepresentation; 12.8.3 breach of the terms implied by section 12 of the Sale of Goods Xxx 0000; or 12.8.4 any matter in respect of which it would be unlawful for the Supplier to exclude 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 faultrestrict liability.