Defects. If either party become aware of
5.4.1 any possible, actual or potential defect, containment, fault or other condition in Milk supplied under this Agreement;
5.4.2 any matter that may impact upon compliance with any health standard, public policy or code;
5.4.3 any matter which may affect compliance with any law or regulatory health standard; that party must, as soon as possible, advise the other party of the particulars of any such issue. The parties must cooperate, to the fullest extent possible, to diminish any risk to the public arising from a defect in Milk.
Defects a. The Customer shall inspect the Goods upon delivery and will, within 48 hours, notify the Company of any defects, short deliveries or any failure to fulfill any quotation or order.
b. The Customer will, within a reasonable time following delivery, grant the Company access to the Goods in order to inspect for any alleged defects.
c. Should the Customer fail to notify the Company within the specified period then the Goods shall be deemed to be in compliance with the order and free from any defect whatsoever.
Defects. (a) If, prior to the expiry of the Warranty Period, the Customer discovers or is informed that there is a Defect, the Customer may give the Supplier an instruction (with which the Supplier will comply) specifying the Defect and doing one or more of the following:
(i) requiring the Supplier to correct the Defect, or any part of it;
(ii) advising the Supplier that the Customer will accept the Deliverable or Service, or any part thereof, despite the Defect; or
(iii) advising the Supplier that the Customer will accept the Deliverable or Service, or any part thereof, despite the Defect, in exchange for a reasonable reduction in, or adjustment to, the cost of the Deliverables or Services which were impacted by the Defect, and pursuing any other remedy it may have at Law or under this Agreement subject to compliance with the dispute resolution procedure in clause 35.
(b) If, prior to the expiry of the Warranty Period, the Supplier identifies a Defect, the Supplier must notify the Customer in writing within one Business Day of identifying the Defect.
(c) If, prior to the expiry of the Warranty Period, the Supplier identifies a Defect or an instruction is given under clause 9(a)(i), the Supplier must, at no cost to the Customer, correct the Defect:
(i) in accordance with all applicable Service Levels, or if no applicable Service Levels apply, within 15 Business Days after the date on which the non-compliance was notified to, or identified by, the Supplier (or such other timeframe as agreed between the parties in writing); and
(ii) in a manner which will cause as little inconvenience to the Customer and Customer Users as is reasonably possible.
(d) The parties acknowledge that where the Defect relates to any Services, the Customer may request that the Supplier, and the Supplier must, supply the affected Services again.
(e) If multiple Defects are identified, the Customer may request the Supplier to prioritise the rectification of such Defects, and the Supplier must comply with any such request. However, for clarity, any prioritisation must remain consistent with any applicable Service Levels.
(f) Unless otherwise agreed between the parties in writing, the Warranty Period will be increased by a period of time equivalent to the time that the relevant Services and Deliverables were unavailable or their functionality materially decreased due to a Defect.
(g) The Customer's rights under this Agreement and at Law will not be affected or limited by:
(i) the rights conferre...
Defects. The Supplier shall be notified within reasonable time of any Defects found. Reasonable time shall never be less than 14 (fourteen) Days. Immediately hereafter, the Supplier shall confirm the receipt of such notice and take nec- xxxxxx action to mitigate the Buyer's loss or the disruption caused by the Defects. The Supplier shall be entitled to remedy the Defect of the defective Delivery Items if this remedy can take place immediately after receipt of the above notification and without costs or undue delay to the Buyer. If such remedial action cannot be made within the time frame stipulated in the Buyer’s notification of the Defect(s) found, or the remedial action fails to remedy the Defect, the Supplier shall deliver new Delivery Items (redelivery) in replacement of the defective De- livery Items at the Supplier's cost. If redelivery cannot take place without undue delay or costs to the Buyer, or does not lead to the Delivery Items being free of Defects, the Buyer shall be entitled to claim a price reduction, whereby the Buyer shall only pay such price for the defective De livery Items as is deemed fair and reasonable taking into account the nature and number of the Defects in question, including the ability to fulfil the Fit for Purpose obligation. If Defects are characterized as a System Defect, the Supplier shall replace or modify, free of charge, all the Delivery Items previously delivered according to the Agreement in order to eliminate the cause of the Defect in question in all the Delivery Items without deviating from the specifications. If the Supplier can document that the System Defect in question is limited to a specific product type produced within the same batch or batches, the replace- ment or modification of the Delivery Items may be limited to those Delivery Items produced within the same batch or batches. In case of a System Defect DALO is furthermore entitled to claim an appropriate price reduction in accordance with the above-mentioned principles. The Buyer's rights under this clause shall be without prejudice to the Buyer's use of any other remedies of breach.
Defects. If LICENSEE submits to Cryptovision proof of a defect, Cryptovision will make commercially reasonable efforts to rectify such defect within a reasonable period of time. LICENSEE shall report any defects to Cryptovision in writing without undue delay, and, if possible, LICENSEE shall submit a detailed description of the problem and any information available, which might be useful for rectification of the defect.
Defects. 6.1 The CONTRACTOR shall only be liable to repair Defects in the Works caused by the noncompliance with the NHBRC Technical Requirements as specified in section 13 of the Housing Consumer Protection Measures Act, 95 of 1998.
6.2 Although every care is taken to provide a home of the highest quality, the CONTRACTOR shall not be liable for damage or loss caused by misuse, negligence, abuse or accident or any risk insured against by the OWNER’s Home Owners Insurance Policy required by the Financial Institution in respect of the residential property nor does it cover any of the exclusions provided for in the regulations to the Housing Consumer Protection Measures Act 95 of 1998.
6.3 For purposes of this Agreement, the occurrence of any one of the following (and whichever event may occur first) shall constitute the handover date:
6.3.1 the date on which the CONTRACTOR offers to formally hand over the keys to the Works to the OWNER; or
6.3.2 the issue of a certificate signed by the Architect nominated by the CONTRACTOR, stating that the Works have been completed; or
6.3.3 the issue of an Occupation Certificate by the Local Authority;
6.4 The guarantee does not cover damage to floor covering caused after handover.
6.5 The OWNER shall be obliged, within the time limits prescribed in the Housing Consumer Protection Measures Act 95 of 1998, to notify the CONTRACTOR in writing of any Defects covered by the aforementioned Act and the CONTRACTOR shall only be liable to rectify the Defects if the OWNER has paid the full contract sum to the CONTRACTOR.
6.6 Notwithstanding anything previously provided, the CONTRACTOR shall under no circumstance be responsible for damage or loss caused by wear and tear, misuse, neglect, negligence, abuse, accident or in respect of any matter arising from or relating to a risk insured against in terms of Home Owner’s Insurance Policies normally issued by a South African Insurance Company in respect of residential properties. The CONTRACTOR shall furthermore under no circumstances be liable for any consequential loss or damages.
6.7 In the event of there being a dispute between the parties whether any item complained of by the OWNER constitutes a Defect covered by the Housing Consumer Protection Measures Act 95 of 1998 or any dispute relating to the repair of the Defect, such dispute will be determined by the ruling of the Architect, whose determination shall be final and binding on the Parties.
6.8 The OWNER must advise the CONTRACTOR in wri...
Defects. (a) The Developer will cause all defects or faults (if any) in the Building Works due to defective or improper materials or bad workmanship, as are notified in writing to it by the Buyer within the Defects Liability Period, to be made good in a proper and workmanlike manner, at no cost to the Buyer.
(b) The Developer will cause to be made good defects notified during the Defects Liability Period:
(i) if it relates to:
A. electricity or gas supplies or distribution;
B. sewerage or drainage; or
C. any portion of the Building Works the fault or defect in which could materially restrict or interfere with the proper use and enjoyment of the Site by the Buyer, as soon as practicable after receiving notice from the Buyer;
(ii) if it relates to any other defects or faults, within 90 days from the date of receiving the notice,
(c) Other than for matters directly covered by clause 7(b)(i) the Buyer may submit only one list of defects during the Defects Liability Period.
(d) The Buyer must make the Site available, at any reasonable time or times notified by the Developer, to the Developer or the Developer's contractors to permit the defect rectification work to be completed in a prompt and timely manner.
Defects. 7.1 A defect in the Deliverable exists if the latter does not meet the requirements set out in this Contract or if the Deliverable is otherwise not as the Customer could legitimately expect.
7.2 In the event of a defect, the Provider shall take all necessary measures to remedy such defect as soon as possible.
7.3 If the Provider fails to remedy the defect as soon as possible and, in the circumstances, within a suitably short time agreed by the Parties, the Customer shall then be entitled to a free choice of the following: • to have the defective Deliverable provided by a third party at the expense of the Provider within the Contract Price, • to demand a proportionate reduction in the Contract Price, or • to claim compensation.
Defects. The LICENSOR shall provide the DATASET in accordance with the standards of skill and care reasonably excepted from a leading service provider in the LICENSOR´s industry to the European Commission. A defect occurs if the DATASET can´t be used, downloaded or modified as granted under this XXXX, or has errors in the data inventory itself or errors the metadata (documentation) that relevantly and negatively affect the correct use of the DATASET and the arising defect cannot be dealt with using organizational means. Any other discrepancy of the PERMITTED USE does not represent a defect. The FINAL USER is to notify the LICENSOR via Email to XXX-XXX-xxxxxxxx@xxxxxxx-xxxx.xxx immediately about any defects that arise or are suspected to have arisen in form of DATASETs defects. The arising circumstances and explanations/justifications have to be described in detail by the FINAL USER. In the event a defect occurs, LICENSOR´s only liability will be the repair or the replacement of the affected DATASET. The repaired or replaced DATASET will be available exclusively via the same dedicated ILCDN node as the other DATASETs. The FINAL USER has no further claim arising from such defect. The FINAL USER can subscribe to a free email information service via XXX-XXX-xxxxxxxx@xxxxxxx-xxxx.xxx via which channel the LICENSOR will inform all subscribed FINAL USERS about any identified defects and data repairs or replacements, or other relevant information about the DATASETs and data node and other relevant information in PEF/OEF context.
Defects. SISW warrants that, for a period of 90 days following the date Software is initially made available to Customer under an Order, it will provide the material features and functions described in the Documentation. The foregoing warranty excludes (i) Software provided at no charge, (ii) Software provided upon re-mix, (iii) Software that is designated as retired or not generally supported as of the date of the Order, and (iv) deliveries governed by the Maintenance Services terms. SISW’s entire liability and Customer’s exclusive remedy for a breach of this warranty will be, at SISW’s option, to correct or work around errors, or replace defective Software or refund license fees paid for defective Software returned by Customer.
