DEFECTS AFTER DELIVERY Sample Clauses

DEFECTS AFTER DELIVERY. 8.1 Seller warrants (i) subject to the other provisions of the Contract, good title to and the unencumbered use of the Goods; (ii) that Goods manufactured by Seller and/or Seller’s Affiliates shall conform with Seller's specifications therefor and be free of defects in materials and workmanship and (iii) that Services provided by Seller or Seller Affiliates will be performed with all reasonable skill, care and due diligence and in accordance with good engineering practice. Seller will make good, by repair or at Seller's option by the supply of a replacement part or parts, any defects which, under proper use, care and maintenance, appear in Goods of Seller’s Affiliates' manufacture and which are reported to Seller within 12 calendar months from putting such Goods into operation or 18 calendar months after their delivery, whichever period expires the sooner, (90 days after delivery in the case of Consumables and spare parts) (the "Warranty Period") and which arise solely from faulty materials or workmanship: provided always that defective items are returned to Seller at Buyer’s cost carriage and insurance prepaid within the Warranty Period. (“Consumables” shall include glass electrodes, membranes, liquid junctions, electrolyte and O-rings). Replaced items shall become the property of ACD America Corporation. Repaired or replacement items will be delivered by Seller at Seller’s cost to Buyer's mainland site in the United State or, if Buyer is located outside the United State, FCA in the United State. Seller will correct defects in Services provided by Seller or Seller Affiliates and reported to Seller within ninety days after completion of such Services. Goods or Services repaired, replaced or corrected in accordance with this Clause 10.1 shall be subject to the foregoing warranty for the unexpired portion of the Warranty Period or for ninety days from the date of their return to Buyer (or completion of correction in the case of Services), whichever expires the later.

DEFECTS AFTER DELIVERY. 8.1 The Seller shall not be liable for any consequential loss arising from the supply of Goods sold, whether the claim is founded in Contract or independently of Contract. 8.2 The Seller shall not be liable for damage in transit or for shortage unless claims in writing are received within seven days of delivery. 8.3 Goods or Services sourced by Seller from a third party for resale to Buyer shall carry only the warranty extended by the original manufacturer.

DEFECTS AFTER DELIVERY. 10.1 Seller warrants (i) subject to the other provisions of the Contract, good title to and the unencumbered use of the Goods; (ii) that Goods manufactured by Seller and/or Seller’s Affiliates shall conform with Seller’s specifications therefore and be free of defects in materials and workmanship and (iii) that Services provided by Seller or Seller Affiliates will be performed with all reasonable skill, care and due diligence and in accordance with good engineering practice. Seller will make good, by repair or at Seller’s option by the supply of a replacement part or parts, any defects which, under proper use, care and maintenance, appear in Goods of Seller’s or Seller’s Affiliates’ manufacture and which are reported to Seller within 12 calendar months from putting such Goods into operation or 18 calendar months after their delivery, whichever period expires the sooner, (90 days after delivery in the case of Consumables and

DEFECTS AFTER DELIVERY. (a) The Contractor shall be responsible for making good with all possible speed any defect in or any damage to any portion of the works which may appear or occur during a period of two (2) months after the Works have been completed: (i) from defective workmanship or (ii) from any act or omission of the Contractor done or omitted during the said period. (b) If any such defect or damage be not remedied within a reasonable time, the SLNT may proceed to remedy the defect at the Contractor’s risk and expense.

DEFECTS AFTER DELIVERY. We will make good by repair or at our option by the supply of a replacement material defects which under proper use appear in goods of our manufacture within a period of twelve calendar months after such goods have been delivered to you and arise solely from faulty design, materials or workmanship subject to us receiving notice in writing as soon as possible after discovery by you of any such material defects and within the period of twelve calendar months after delivery by us. Provided always that unless otherwise agreed by us the defective parts are promptly returned by you to our works and at your cost unless we agree otherwise. The repaired or new goods will be delivered by us free of charge as provided in clause 13. If you require us to carry out rectification on your site, we reserve the right to charge for any resulting additional costs. If, for any reason, we cannot repair or replace the faulty goods, your sole remedy will be limited to a full refund hereunder. We shall not be liable for any material defects in goods pursuant to this clause 16 in any of the following events: (1) you make any further use of such goods after giving us notice in accordance with this clause 17; (2) the material defect arises because you failed to follow our written or oral instructions as to the storage, commissioning, installation, use and maintenance of the goods or (if there are none) good trade practice regarding the same; (3) you alter or repair such goods without our prior written consent; or (4) the material defect arises as a result of fair wear and tear, wilful damage, negligence or abnormal storage or working conditions. In the case of defects in goods not of our manufacture, we shall make available to you any rights against the third party manufacturer which we may have under the terms of our contract with them but shall have no other liability whatsoever. Our liability under the Contract shall to the extent possible be in lieu of any warranty or condition implied by law as to the quality or fitness for any particular purpose of the goods or for compliance with any sample and description and save as provided otherwise herein, we shall not be under any liability, whether in contract, tort, delict or otherwise, in respect of defects in goods delivered or for any injury, damage or loss, or any indirect and consequential losses (including any loss of profits or revenue), resulting from such defects or from any work done in connection therewith. Save as otherwise...

DEFECTS AFTER DELIVERY. 10.1 Seller warrants (i) subject to the other provisions of the Contract, good title to and the unencumbered use of the Goods; (ii) that Goods manufactured by Seller and/or Seller’s Affiliates shall conform with Seller's published specifications therefore at time of shipment and be free of defects in materials and workmanship and (iii) that Services provided by Seller or Seller Affiliates will be performed with all reasonable skill, care and due diligence and in accordance with good engineering practice. Seller will, at Seller's option, repair or replace, by the supply of a replacement part or parts, for that portion of the Goods with, any defects which, under proper use, care and maintenance, appear in Goods of Seller and/or Seller’s Affiliates' manufacture and which are reported to Seller within twelve (12) calendar months (or such 10.2 Goods or Services sourced by Seller from a third party (not being a Seller Affiliate) for resale to Buyer shall carry only the warranty extended by the original manufacturer.

DEFECTS AFTER DELIVERY. All goods supplied by Seller are manufactured by others. Accordingly, Seller shall pass on to the Buyer the benefit of the warranty, if any, given by the manufacturer of the goods. Seller’s liability under this clause shall be in lieu of any warranty or condition implied by law as to the quality or fitness for any particular purpose in contract, tort or otherwise, in respect of any defects in goods delivered or for any injury, damage or loss resulting from such defects or from anything done or omitted in connection with the goods or from any work done in connection therewith.

DEFECTS AFTER DELIVERY. (a) The Supplier shall be responsible for making good with all possible speed any defect in or any damage to any portion of the Goods which may appear or occur under proper use during a period as stated in Schedule III (Warranty) after the Goods have been delivered to the Division of Economic and Technical Cooperation (DETC), NDA, Grenada and which arises either: (i) from defective materials, workmanship or design, or (ii) from any act or omission of the Supplier done or omitted during the said period. (b) If any such defect or damage be not remedied within a reasonable time, the Fund may proceed to remedy the defect at the Supplier’s risk and expense.

DEFECTS AFTER DELIVERY. 9.1 All goods supplied by you under this order shall be in accordance with the contract. You will make good by repair, or at your option by the supply of a replacement, defects which, under reasonable use, appear within a period of 15 months from the date of delivery to us free of charge to us.

DEFECTS AFTER DELIVERY. 10.1 Seller warrants (i) subject to the other provisions of the Contract, good title to and the unencumbered use of the Goods; (ii) that, Goods manufactured by Seller and/or Seller Affiliate will conform with Seller's written specifications therefore at time of shipment and be free of defects in materials and workmanship and