Defective Services. The Supplier shall promptly notify the Customer of:
Defective Services. The Owner shall have the right to reject any portion of the Architect’s services on the Project because of any fault or defect in or arising from the Contract Documents and prompt notice of any such rejection shall be given by Owner to the Architect. Upon receipt of such notice, the Architect shall forthwith perform, without any additional cost or expense to Owner, any and all such services as are required to correct or remedy any negligent act with respect to, or any error or omission in, the Contract Documents, or in connection with the Architect’s services, or the services of the Architect’s Consultants or other persons employed by the Architect, in accordance with the provisions of this Agreement. Should the Architect refuse or neglect to correct or remedy such defects within a reasonable time after receiving such notice, then Owner shall be entitled to correct or remedy the same at the expense of the Architect, and the Architect shall reimburse Owner upon demand for all expenses incurred by Owner to make such correction or remedy or, in default thereof, the Owner shall be entitled to deduct the cost thereof from all sums then or thereafter due to the Architect under this Agreement. This commitment by the Architect is in addition to, and not in substitution for, any other remedy for defective services which the Owner may have under this Agreement, at law or in equity.”
Defective Services. This section governs any task that was not performed in accordance with this Agreement (“Defective Service”).
Defective Services. 3.1 Xxxxx will consider the continuance of its daily Services without complaint to imply the client’s satisfaction with the execution of the contract. If in the unlikely event the Services do not conform with these Conditions or the Specification any such complaints should be in writing or email to the Operations Director – Mr Gazdic xxxxx@xxxxx-xxxxxxxx.xxx. Notice must be within three working days of the occurrence, to enable us to rectify the issue, failure to do so would prohibit any retrospective credits. Upon receipt of such notice, Xxxxx will take all necessary action, without cost to the client, to investigate and rectify the complaint.
3.2 Upon us becoming aware that the Services supplied by us to you are not in accordance with the Specifications and these Conditions in all material respects, we will investigate your complaint. If we consider your concerns are justified, we shall provide you with a full or a partial refund if it is reasonable to do so.
3.3 Swift shall have no liability to the Client for any loss, damage, costs, expenses, or other claims for compensation arising from any fault of the Client.
3.4 Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
(a) Death or personal injury caused by negligence; and
(b) Fraud or fraudulent misrepresentation.
3.5 Xxxxx shall not be liable for a claim unless notice in writing summarising the nature of the claim and, as far as is reasonably practicable, the amount claimed, has been given by the Client to a Director of Swift within five working days of the date on which the incident giving rise to such claim has occurred.
Defective Services. Notwithstanding any other provision of the Agreement, TiGenix may, by notice in writing to the Supplier (the “Step In Notice”), either itself or by a Third Party nominated by TiGenix, take over management/performance of the Services or any affected part of the Services if (each of the following constituting a “Defective Service”):
Defective Services. 4.1. During any Warranty Period, the Customer may by a notice in writing to CSE Genesis advise it when it considers that the Services are Defective.
4.2. Any notice issued by the Customer under clause 4 of Part B must state the reasons for the Customer’s opinion.
4.3. Upon notice from the Customer, CSE Genesis may elect to either:
4.3.1. reperform or replace the Services or relevant part of the Services (as the case may be);
4.3.2. perform such rectification works as are necessary; or
4.3.3. deny that the Services are Defective.
4.4. Except as expressly nominated by CSE Genesis in clause 4.3 of Part B, CSE Genesis is not liable for any cost, loss or expense arising from or in connection with Defective Services.
4.5. CSE Genesis shall make available the manufacturer’s warranty of the Equipment or product (if any) to the Customer.
4.6. If the Customer requires the Equipment or product (if any) to be repaired or replaced under warranty, then the Customer shall return the Equipment to CSE Genesis.
Defective Services. In the event that the Client considers there to be:
(a) any material defect, departure, error, omission, non-compliance, failure or omission in the Services;
(b) any material defect or fault in any parts or materials or documents supplied by NTRO; and
(c) any failure of the Services to substantially comply with the requirements of this Agreement (Defective Service) the Client must:
(d) notify NTRO of the details of the Defective Service;
(e) allow NTRO 30 Business Days to take action necessary to rectify that Defective Service before the Client takes any action to enforce this agreement or seeks to recover any Loss in respect of the Defective Service; and
(f) if NTRO rectifies the Defective Service within that period, not take any action to enforce this agreement nor seek to recover any Loss.
Defective Services. In the event that the Contractor (or any Specified Personnel) provides the Services or Activities which are not of an acceptable standard or quality the Contractor will: rectify the Services or Activity; or at the direction of WAPHA and at the sole cost of the Contractor, engage a third party to rectify the Services or Activity.
Defective Services. In the event that the Client considers there to be:
(a) any material defect, departure, error, omission, non-compliance, failure or omission in the Services;
(b) any material defect or fault in any parts or materials or documents supplied by ARRB; and
(c) any failure of the Services to substantially comply with the requirements of this Agreement (Defective Service) the Client must:
(d) notify ARRB of the details of the Defective Service;
(e) allow ARRB 30 Business Days to take action necessary to rectify that Defective Service before the Client takes any action to enforce this agreement or seeks to recover any Loss in respect of the Defective Service; and
(f) if ARRB rectifies the Defective Service within that period, not take any action to enforce this agreement nor seek to recover any Loss.
Defective Services or Material covered by a Flat Rate agreement shall be corrected without reference to Articles 9.2.1 to 9.2.3, unless otherwise agreed in the Attachments.
