Defects and Remedies Sample Clauses

Defects and Remedies. The Buyer agrees promptly to inspect the Goods for damage and deficiencies immediately upon receipt of such goods from Plasti-Fab. Claims for errors, deficiencies, or imperfections must be specified by written notation of the Buyer on the Bill of Lading presented to the Buyer at the time of delivery of the Goods and shall also be made by the Buyer to Plasti-Fab in writing within twenty (20) calendar days after receipt of the Goods. Any claim for damage and/or deficiencies to the Goods shall be deemed waived if not made in writing by the Buyer within such twenty (20) calendar days. Goods may not be returned without Plasti-Fab’s written permission. The Buyer must protect and retain all such Goods alleged to be defective, imperfect, or nonconforming for a reasonable period of time in order to enable Plasti-Fab to investigate the claim, inspect the Goods, and make necessary repairs, replacements, or corrections, if applicable. If any item of Goods that is manufactured by Plasti-Fab and has not been subject to alteration, improper installation, abuse or misuse proves to be defective (as defined below) within twenty calendar days following the date of shipment and prior to installation, and if the Buyer gives written notice to Plasti-Fab of such defect within the specified period and does not alter the Goods, then Plasti-Fab shall, at Plasti-Fab ’s option, either repair or replace the defective item(s), at Plasti-Fab ’s expense. The liability of Plasti-Fab hereunder is limited to the original purchase price of the Goods. Plasti-Fab shall not be responsible, however, for the expense of locating or removing the defective Goods or re-installing any repaired or replacement goods. In the event that Plasti-Fab extends a specific warranty under the terms of a specific contract or supply agreement, a Notice of any breach of Plasti-Fab’s warranty must be made in writing addressed to Plasti-Fab, setting forth sufficient detail to permit identification by Plasti-Fab of the claimed defect. If the Buyer alters the Goods or fails to notify Plasti-Fab within the one year period following shipment of the goods, or if the Goods are installed improperly, then any claim for breach of warranty shall be conclusively deemed to have been waived by the Buyer with respect to the alleged defect. In the event of a defect in any Goods constituting a breach of the warranty provided herein, Plasti-Fab shall furnish instructions for the disposition of the defective Goods. Plasti-Fab shall hav...
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Defects and Remedies. If within twelve (12) months from the date the Goods are put to use (but not exceeding eighteen (18) months from the date of delivery), IFS notifies the Supplier of a defect, the Supplier will make good any such defect (by way of repair or replacement) at the Supplier’s expense. If any such defects are not remedied within a reasonable time (to be determined by IFS, but no longer than ten (10) working days from notice of the defect), details of the defect having been previously communicated in writing to the Supplier, IFS may, upon giving five (5) working days’ notice to the Supplier and without prejudice to any rights it may have, proceed to do such works as are necessary to remedy such defect at the risk and expense of the Supplier.
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Defects and Remedies. 6.1 In the event of functional defects of the Service, Subscriber shall provide a notification to Honeywell Homes without undue delay. Written notification shall be sent by e-mail to Honeywell Homes´s Contact Person, describing the defect in detail if possible.
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Defects and Remedies 
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Related to Defects and Remedies

  • Defaults and Remedies Section 6.01.

  • Waivers and Remedies The waiver by any of the parties hereto of any other party's prompt and complete performance, or breach or violation, of any provision of this Agreement shall not operate nor be construed as a waiver of any subsequent breach or violation, and the waiver by any of the parties hereto to exercise any right or remedy which it may possess hereunder shall not operate nor be construed as a bar to the exercise of such right or remedy by such party upon the occurrence of any subsequent breach or violation.

  • Waiver and Remedies The parties may (a) extend the time for performance of any of the obligations or other acts of any other party to this Agreement, (b) waive any inaccuracies in the representations and warranties of any other party to this Agreement contained in this Agreement or in any certificate, instrument or document delivered pursuant to this Agreement or (c) waive compliance with any of the covenants, agreements or conditions for the benefit of such party contained in this Agreement. Any such extension or waiver by any party to this Agreement will be valid only if set forth in a written document signed on behalf of the party or parties against whom the waiver or extension is to be effective. No extension or waiver will apply to any time for performance, inaccuracy in any representation or warranty, or noncompliance with any covenant, agreement or condition, as the case may be, other than that which is specified in the written extension or waiver. No failure or delay by any party in exercising any right or remedy under this Agreement or any of the documents delivered pursuant to this Agreement, and no course of dealing between the parties, operates as a waiver of such right or remedy, and no single or partial exercise of any such right or remedy precludes any other or further exercise of such right or remedy or the exercise of any other right or remedy. Any enumeration of a party’s rights and remedies in this Agreement is not intended to be exclusive, and a party’s rights and remedies are intended to be cumulative to the extent permitted by law and include any rights and remedies authorized in law or in equity.

  • Rights and Remedies When an Event of Default occurs and continues Bank may, without notice or demand, do any or all of the following:

  • Default Rights and Remedies If an Event of Default exists, the Agent shall have the following rights and remedies:

  • Other Rights and Remedies Lender shall have all the rights and remedies of a secured creditor under the provisions of the Uniform Commercial Code, as may be amended from time to time. In addition, Lender shall have and may exercise any or all other rights and remedies it may have available at law, in equity, or otherwise.

  • Banks Rights and Remedies 8.1 Upon the occurrence of an Event of Default by Borrower under this Agreement, Bank may, at its election, without notice of its election and without demand, do any one or more of the following, all of which are authorized by Borrower:

  • Termination and Remedies Provided no TO is outstanding and remains to be performed by either party, this Agreement may be terminated by either party upon 30 days prior written notice to the other party. Any TO may be terminated under the following circumstances: by both Parties on mutual written agreement of the Parties; by either Party for its convenience with written notice and after the Termination Notice Period specified in the Additional Terms has expired; by Mercy Corps immediately upon written notice in the event Mercy Corps’ donor(s) terminates or withdraws funding that Mercy Corps would use to pay Contractor under the Additional Terms; by either Party due to the non-terminating Party’s breach of this Agreement and failure to correct such breach within 15 days prior notice of such breach; be either Party upon written notice if a force majeure event, including any not reasonably foreseeable war, insurrection, change in law or government action or inaction, strike, natural disaster or similar event, prevents the terminating Party from being able to fulfill its obligations under this Agreement; or by Mercy Corps immediately upon written notice if Mercy Corps using its sole discretion determines that Contractor has or will breach any of its warranties, covenants or representations in this Agreement, in which case Mercy Corps may withhold any and all amounts owed to Contractor until such breach is remedied. In the event of termination due to Contractor’s breach or by Contractor for Contractor’s convenience, Mercy Corps will not be obligated to pay Contractor for any partially completed work. In the event termination is due to Mercy Corps’ breach, by Mercy Corps for Mercy Corps convenience, due to force majeure event, or due to loss of funding, Mercy Corps will be obligated to pay Contractor for its reasonable, pro-rated costs of work completed and expenses properly incurred prior to termination. However, Mercy Corps will not be responsible for any expenses incurred in anticipation of termination or suspension. If Mercy Corps determines that Contractor has or will breach any of its warranties, covenants or representations in this Agreement, Mercy Corps may, in addition to any other remedies for such breach available at law or in equity, terminate this Agreement.

  • Restoration of Rights and Remedies If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.

  • Default and Remedies Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:

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