Common use of Defective Work Clause in Contracts

Defective Work. A. Notwithstanding any prior Acceptance, Buyer may reject or require prompt correction of any Products or Services which are, in Buyer’s judgment, defective in material or workmanship or otherwise fail to meet the drawings, designs, statement of work, specifications or other technical documents, or other requirements of this Order. B. If Seller delivers defective or nonconforming Products or Services, Buyer may: 1. Accept all or part of the defective or non-conforming Products or Services at an equitable price reduction or credit against any amounts that may be owed to Seller under this Order or otherwise; or 2. Reject all or any part of a delivery or performance of defective or non-conforming Products or Services and demand delivery of conforming Products or re-performance of Services. All rejected Products shall be shipped back to Seller at Seller’s expense and any re-performance of defective or nonconforming Services shall be at no cost to Buyer; or 3. Make or perform, or have a third party make or perform, all repairs, modifications, or replacements necessary to enable such Product or Service to comply in all respects with Order requirements and charge the expense incurred to Seller; or 4. Terminate this Order for default in whole or in part. C. Any rejected or corrected Products or Services shall not thereafter be tendered for Acceptance unless the former rejection or requirement for correction is disclosed. All repair, replacement and other correction and redelivery shall be completed within the original delivery schedule unless otherwise directed by Xxxxx. D. Seller shall immediately notify Buyer upon discovery of actual or potential defects or non-conformance affecting delivered Product or performed Service.

Defective Work. A. With respect to items, goods, services or deliverables, damaged or lost in whole or in part prior to or after acceptance by IES, defective or deficient in content, materials or workmanship, and/or not in conformity with the applicable specifications and terms and conditions specified in the Purchase Order: 9.1 Notwithstanding any prior Acceptanceacceptance, Buyer IES may reject or require prompt correction of any Products or Services which are, in BuyerIES’s judgment, defective in material or workmanship or otherwise fail to meet the drawings, designs, statement of work, specifications or other technical documents, or other requirements of this Order. B. 9.2 If Seller Supplier delivers defective or nonconforming Products or Services, Buyer IES may: 1. 9.2.1 Accept all or part of the defective or non-conforming Products or Services at an equitable price reduction or credit against any amounts that may be owed to Seller Supplier under this Order or otherwise; or 2. 9.2.2 Reject all or any part of a delivery or performance of defective or non-non- conforming Products or Services and demand delivery of conforming Products or re-performance of Services. All rejected Products shall be shipped back to Seller Supplier at SellerSupplier’s expense and any re-performance of defective or nonconforming Services shall be at no cost to BuyerIES; or 3. 9.2.3 Make or perform, or have a third party make or perform, all repairs, modifications, or replacements necessary to enable such Product or Service to comply in all respects with Order requirements and charge the expense incurred to SellerSupplier; or 4. 9.2.4 Terminate this Order for default in whole or in part. C. 9.3 Any rejected or corrected Products or Services shall not thereafter be tendered for Acceptance acceptance unless the former rejection or requirement for correction is disclosed. All repair, replacement and other correction and redelivery shall be completed within the original delivery schedule unless otherwise directed by XxxxxIES. D. Seller shall immediately notify Buyer upon discovery of actual or potential defects or non-conformance affecting delivered Product or performed Service.

Defective Work. A. Notwithstanding any prior Acceptance, Buyer may reject or require prompt correction of any Products or Services which are, in Buyer’s judgment, defective in material or workmanship or otherwise fail to meet the drawings, designs, statement of work, specifications or other technical documents, or other requirements of this Order. B. If Seller delivers defective or nonconforming Products or Services, Buyer maymay take one of the following actions:: 1. Accept all or part of the defective or non-conforming Products or Services at an equitable price reduction or credit against any amounts that may be owed to Seller under this Order or otherwise; or 2. Reject all or any part of a delivery or performance of defective or non-conforming Products or Services and demand delivery of conforming Products or re-performance of Services. All rejected Products shall be shipped back to Seller at Seller’s expense and any re-re- performance of defective or nonconforming Services shall be at no cost to Buyer; orBuyer All repair, replacement and other correction and redelivery shall be completed within the original delivery schedule unless otherwise directed by Xxxxx. Any rejected or corrected Products or Services shall not thereafter be tendered for Acceptance unless the former rejection or requirement for correction is disclosed 3. If Seller is unable or unwilling to re-perform or correct defective or nonconforming Products or Services, Buyer may: a. Make or perform, or have a third party make or perform, all repairs, modifications, or replacements necessary to enable such Product or Service to comply in all respects with Order requirements and charge the expense incurred to Seller; or 4. b. Terminate this Order for default in whole or in part. C. Any rejected or corrected Products or Services shall not thereafter be tendered for Acceptance unless the former rejection or requirement for correction is disclosed. All repair, replacement and other correction and redelivery shall be completed within the original delivery schedule unless otherwise directed by Xxxxx. D. Seller shall immediately notify Buyer upon discovery of actual or potential defects or non-conformance affecting delivered Product or performed Service.

Defective Work. A. Notwithstanding any prior Acceptanceacceptance, Buyer may reject or require prompt correction of any Products or Services which are, in Buyer’s judgment, defective in material or workmanship or otherwise fail to meet the drawings, designs, statement of work, specifications or other technical documents, or other requirements of this Order. B. If Seller delivers defective or nonconforming Products or Services, Buyer may: 1. Accept all or part of the defective or non-conforming Products or Services at an equitable price reduction or credit against any amounts that may be owed to Seller under this Order or otherwise; or 2. Reject all or any part of a delivery or performance of defective or non-conforming Products or Services and demand delivery of conforming Products or re-performance of Services. All rejected Products shall be shipped back to Seller at Seller’s expense and any re-performance of defective or nonconforming Services shall be at no cost to Buyer; or 3. Make or perform, or have a third party make or perform, all repairs, modifications, or replacements necessary to enable such Product or Service to comply in all respects with Order requirements and charge the expense incurred to Seller; or 4. Terminate this Order for default in whole or in part. C. Any rejected or corrected Products or Services shall not thereafter be tendered for Acceptance acceptance unless the former rejection or requirement for correction is disclosed. All repair, replacement and other correction and redelivery shall be completed within the original delivery schedule unless otherwise directed by Xxxxx. D. Seller shall immediately notify Buyer upon discovery of actual or potential defects or non-conformance affecting delivered Product or performed Service.

Defective Work. ‌ A. Notwithstanding any prior Acceptanceacceptance, Buyer may reject or require prompt correction of any Products or Services which are, in Buyer’s judgment, defective in material or workmanship or otherwise fail to meet the drawings, designs, statement of work, specifications or other technical documents, or other requirements of this Order. B. If Seller delivers defective or nonconforming Products or Services, Buyer may: 1. Accept all or part of the defective or non-conforming Products or Services at an equitable price reduction or credit against any amounts that may be owed to Seller under this Order or otherwise; or 2. Reject all or any part of a delivery or performance of defective or non-conforming Products or Services and demand delivery of conforming Products or re-performance of Services. All rejected Products shall be shipped back to Seller at Seller’s expense and any re-performance of defective or nonconforming Services shall be at no cost to Buyer; or 3. Make or perform, or have a third party make or perform, all repairs, modifications, or replacements necessary to enable such Product or Service to comply in all respects with Order requirements and charge the expense incurred to Seller; or 4. Terminate this Order for default in whole or in part. C. Any rejected or corrected Products or Services shall not thereafter be tendered for Acceptance acceptance unless the former rejection or requirement for correction is disclosed. All repair, replacement and other correction and redelivery shall be completed within the original delivery schedule unless otherwise directed by Xxxxx. D. Seller shall immediately notify Buyer upon discovery of actual or potential defects or non-conformance affecting delivered Product or performed Service.

Defective Work. A. Notwithstanding any prior Acceptanceacceptance, Buyer may reject or require prompt correction of any Products or Services which are, in Buyer’s judgment, defective in material or workmanship or otherwise fail to meet the drawings, designs, statement of work, specifications or other technical documents, or other requirements of this Order. B. If Seller delivers defective or nonconforming Products or Services, Buyer may: 1. Accept all or part of the defective or non-conforming Products or Services at an equitable price reduction or credit against any amounts that may be owed to Seller under this Order or otherwise; or 2. Reject all or any part of a delivery or performance of defective or non-conforming Products or Services and demand delivery of conforming Products or re-performance of Services. All rejected Products shall be shipped back to Seller at Seller’s expense and any re-performance of defective or nonconforming Services shall be at no cost to Buyer; or 3. Make or perform, or have a third party make or perform, all repairs, modifications, or replacements necessary to enable such Product or Service to comply in all respects with Order requirements and charge the expense incurred to Seller; or 4. Terminate this Order for default in whole or in part. C. Any rejected or corrected Products or Services shall not thereafter be tendered for Acceptance unless the former rejection or requirement for correction is disclosed. All repair, replacement and other correction and redelivery shall be completed within the original delivery schedule unless otherwise directed by Xxxxx. D. Seller shall immediately notify Buyer upon discovery of actual or potential defects or non-conformance affecting delivered Product or performed Service.

Defective Work. A. a. Notwithstanding any prior Acceptance, Buyer may reject or require prompt correction of any Products or Services which are, in Buyer’s judgment, defective in material or workmanship or otherwise fail to meet the drawings, designs, statement of work, specifications or other technical documents, or other requirements of this OrderAgreement. B. b. If Seller delivers defective or nonconforming Products or Services, Buyer maymay take one of the following actions: 1. i. Accept all or part of the defective or non-conforming Products or Services at an equitable price reduction or credit against any amounts that may be owed to Seller under this Order Agreement or otherwise; or. 2ii. Reject all or any part of a delivery or performance of defective or non-conforming Products or Services and demand delivery of conforming Products or re-re- performance of Services. All rejected Products shall be shipped back to Seller at Seller’s expense and any re-performance of defective or nonconforming Services shall be at no cost to Buyer; or. All repair, replacement and other correction and redelivery shall be completed within the original delivery schedule unless otherwise directed by Xxxxx. Any rejected or corrected Products or Services shall not thereafter be tendered for Acceptance unless the former rejection or requirement for correction is disclosed. 3iii. If Seller is unable or unwilling to re-perform or correct defective or nonconforming Products or Services, Buyer may: 1. Make or perform, or have a third party make or perform, all repairs, modifications, or replacements necessary to enable such Product or Service to comply in all respects with Order Agreement requirements and charge the expense incurred to Seller; or 42. Terminate this Order Agreement for default in whole or in part. C. Any rejected or corrected Products or Services shall not thereafter be tendered for Acceptance unless the former rejection or requirement for correction is disclosediv. All repair, replacement and other correction and redelivery shall be completed within the original delivery schedule unless otherwise directed by Xxxxx. D. Seller shall immediately notify Buyer upon discovery of actual or potential defects or non-non- conformance affecting delivered Product or performed Service.

Defective Work. A. With respect to items, goods, services or deliverables, damaged or lost in whole or in part prior to or after acceptance by IES, defective or deficient in content, materials or workmanship, and/or not in conformity with the applicable specifications and terms and conditions specified in the Purchase Order: 9.1 Notwithstanding any prior Acceptanceacceptance, Buyer IES may reject or require prompt correction of any Products or Services which are, in BuyerIES’s judgment, defective in material or workmanship or otherwise fail to meet the drawings, designs, statement of work, specifications or other technical documents, or other requirements of this Order. B. 9.2 If Seller Supplier delivers defective or nonconforming Products or Services, Buyer IES may: 1. 9.2.1 Accept all or part of the defective or non-conforming Products or Services at an equitable price reduction or credit against any amounts that may be owed to Seller Supplier under this Order or otherwise; or 2. 9.2.2 Reject all or any part of a delivery or performance of defective or non-conforming Products or Services and demand delivery of conforming Products or re-re- performance of Services. All rejected Products shall be shipped back to Seller Supplier at SellerSupplier’s expense and any re-performance of defective or nonconforming Services shall be at no cost to BuyerIES; or 3. 9.2.3 Make or perform, or have a third party make or perform, all repairs, modifications, or replacements necessary to enable such Product or Service to comply in all respects with Order requirements and charge the expense incurred to SellerSupplier; or 4. 9.2.4 Terminate this Order for default in whole or in part. C. 9.3 Any rejected or corrected Products or Services shall not thereafter be tendered for Acceptance acceptance unless the former rejection or requirement for correction is disclosed. All repair, replacement and other correction and redelivery shall be completed within the original delivery schedule unless otherwise directed by XxxxxIES. D. Seller shall immediately notify Buyer upon discovery of actual or potential defects or non-conformance affecting delivered Product or performed Service.