Defects and Liability Sample Clauses

Defects and Liability. 6.1. We will make good, by repair or by the supply of a replacement, defects which, under proper use, appear in the goods within a period of 6 calendar months after the goods have been delivered, and arise solely from faulty design, materials or workmanship: provided that the defective parts have been returned to us and that you have promptly notified us of such defects as soon as you became aware of them. We shall refund the cost of carriage on such returned parts and the repaired or new parts will be delivered free of charge. This clause shall not apply to any goods which are used after a defect has been discovered.
Sample 1
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Defects and Liability. The defects liability period begins upon certification of practical completion (sign off of the handover letter) and will last for 365 consecutive days. It is the service provider’s responsibility to identify and rectify defects, not the client's, so if the client does bring defects to the service provider notice, they should be aware that this is not a comprehensive list of all defects. It is important to note that the defects liability period is not a chance to correct problems apparent at practical completion, it is a period during which the service provider may be recalled to rectify defects which appear afterwards. If there are defects apparent before practical completion, then these should be rectified before the certificate of practical completion is issued (Handover letter). At the end of the defects liability period, the service provider and the client representative will prepare a schedule of defects, listing those defects that have not yet been rectified, if any, and agree with the service provider the actions and date by which they will be rectified. The service provider must in any event rectify defects as quickly as possible, and a response with actions and proposals shall always be provided within 10 working days of being notified of a defect by the client or its representatives. o Full harmonic analysis. Load profile reporting to ensure correct phase balancing. o Branch Circuit Monitoring options to read kWh, kW, A, V, kVA to local HMi or via Ethernet to wider site system using power management software o Install 2 new busbars from the new PDUs to power the IT racks PDUs being installed as part of the project. Install the necessary power supplies to the new equipment like CDUs, from the new new PDU or from existing infrastructure. o Manufacturer of PDU shall be one of the two below (or equal equivalent following Technical Submittal approval process): ▪ Anord Mardix ▪ AF Switchgear
Sample 1

Related to Defects and Liability

  • Warranty and Liability Except to the extent prohibited by Applicable Law, Free of Charge Services are provided “as is” without warranties of any kind and in the then-current version made available by us from time to time without support and availability commitments. We are not obliged to offer post- termination assistance. Siemens’ entire liability for all claims, damages, and indemnities arising out of or related to your use of a Free of Charge Service will not exceed, in the aggregate, the amount of EUR 1,000.00 (or the equivalent amount in local currency).

  • Warranties and Liability 6.1 All warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods, whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law.

  • INDEMNITY AND LIABILITY Subject to Section 3.1, the Company shall (i) indemnify, exonerate and hold the Service Provider and each of its partners, shareholders, members, affiliates, directors, officers, fiduciaries, managers, controlling persons, employees, independent contractors and agents and each of the partners, shareholders, members, affiliates, directors, officers, fiduciaries, managers, controlling persons, employees, independent contractors and agents of each of the foregoing (collectively, the “Related Parties”) free and harmless from and against any and all actions, causes of action, suits, claims, liabilities, losses, damages and costs and out-of-pocket expenses in connection therewith (including attorneys’ fees and expenses) incurred by the Related Parties or any of them before or after the date of this Agreement (collectively, the “Indemnified Liabilities”), arising out of any action, cause of action, suit, arbitration, investigation or claim arising out of, or in any way relating to, (i) this Agreement, any transaction to which the Company is a party or any other circumstances with respect to the Company or (ii) the operations of, or the Services or Office Space provided by the Service Provider to, the Company, or any of its affiliates from time to time; provided, however, that the foregoing indemnification rights will not be available to the extent that any such Indemnified Liabilities arose on account of such Indemnitee’s gross negligence or willful misconduct; and provided, further, that if and to the extent that the foregoing undertaking may be unavailable or unenforceable for any reason, the Company hereby agrees to make the maximum contribution to the payment and satisfaction of each of the Indemnified Liabilities which is permissible under applicable law. For purposes of this Section 5.1, none of the circumstances described in the limitations contained in the two provisos in the immediately preceding sentence will be deemed to apply absent a final non-appealable judgment of a court of competent jurisdiction to such effect, in which case to the extent any such limitation is so determined to apply to any Indemnitee as to any previously advanced indemnity payments made by the Company, then such payments will be promptly repaid by such Indemnitee to the Company without interest. The rights of any Indemnitee to indemnification hereunder will be in addition to any other rights any such person may have under any other agreement or instrument to which such Indemnitee is or becomes a party or is or otherwise becomes a beneficiary or under law or regulation.

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