Defects and Warranties. Property Manager shall give Owner written notice of any material or latent defect in the Property and all parts thereof known to Property Manager promptly after any of the foregoing comes to Property Manager’s attention including, without limitation, material defects in the roof, foundation and walls of the Property and in the sewer, water, electrical, structural, plumbing, heating, ventilation and air conditioning systems. Property Manager shall make periodic visual inspections of the Property consistent with its employees’ and agents’ expertise as referenced in Section 4(c)(i) hereinabove. Property Manager shall have no obligation to discover any such condition or make any other inspections, but Property Manager shall be required to ascertain the existence of any contractor/subcontractor warranty or guaranty and to submit a request to the appropriate contractor/subcontractor to repair the defect as necessary.
Defects and Warranties. Property Manager shall give Owner written notice of any material defect, casualty or a taking in the Project and all parts thereof known to Property Manager promptly after any of the foregoing comes to Property Manager’s attention, including, without limitation, material defects in the roof, foundation or walls of the Project or in the sewer, water, electrical, structural, plumbing, heating, ventilation or air conditioning systems. Property Manager shall make periodic visual inspections of the Project consistent with its on-site employees’ expertise.
Defects and Warranties. 10.1 The SELLER warrants that:
(a) the Goods (including Changes) are free from defects in material and workmanship and will strictly conform to the Specification(s) and other requirements set forth in the Agreement and are in compliance with all applicable laws and regulations;
(b) the Goods (including Changes) shall comply to any reasonable quality and security standards that may be required from the Goods.
(c) it has the right to sell the Goods and that the Goods shall not violate or infringe any Intellectual Property Rights of any third party.
10.2 If any Goods delivered by the SELLER are not in compliance with the warranty defined in Section 10.1 above, the SELLER agrees upon the BUYER's request without delay to replace the defective Goods with Goods that meet the warranty without any cost or expense to the BUYER. The SELLER’s warranty includes delivery of replacement, dismantling of defective Goods, installation of replacement and related transportation and installation costs. The BUYER may at its sole discretion, as an alternative, cancel the purchase of the defective Goods, in which case the BUYER shall have no payment obligations with respect to such Goods and the BUYER may require the SELLER to reimburse to the BUYER the Price of all such Goods. The BUYER shall have the right to return the defective Goods to the SELLER at the SELLER's sole expense.
10.3 If the BUYER regards that the defect does not prevent utilization of the Goods completely, the BUYER may at its sole discretion demand that the SELLER grants a price reduction corresponding with the value of the defect and the SELLER agrees to accept such demand.
10.4 In case the BUYER deems it necessary to obtain substituting product(s) from other suppliers as a result of a defect, the SELLER shall also compensate the price difference and other additional costs and expenses resulting from such purchase, however not more that a sum corresponding to 1.5 x agreed price for the Goods. For the avoidance of doubt, the aforesaid shall not limit BUYER’s other rights and remedies under this Agreement and applicable law.
10.5 The SELLER shall indemnify and hold the BUYER and its Affiliates harmless against
(i) claims, losses, costs or damages which the BUYER or the BUYER’s Affiliates or their customers or employees may incur as a consequence of any defects in the Goods; and
(ii) product liability, which the BUYER or the BUYER’s Affiliates may incure towards a third party, including its employees and custome...
Defects and Warranties. 7.1 The Client acknowledges and agrees that Liveli is a reseller of the Supplier Products. Each Supplier has an Australian office. Liveli will provide assistance, at a reasonable cost to the Client, in relation to any claim the Client may have against a Supplier however in no case shall Liveli be liable for the provisions of any warranty or guarantee provided by the Supplier.
7.2 Except as expressly set out in these terms and conditions Liveli makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Product. Liveli’s liability in respect of any warranties is limited to the fullest extent permitted by law.
7.3 If the Client is a consumer within the meaning of the Consumer Contracts Act (CCA), Liveli’s liability is limited to the extent permitted by section 64A of Schedule 2. Nothing in this Agreement has the effect of contracting out of any mandatory provisions of the CCA.
Defects and Warranties. (a) If within 14 days from the date of delivery of the Product you notify DtMSTM of a Defect in the Product (not caused by use, abuse, accident or misapplication) DtMSTM shall, upon verification of the Defect, exchange the Product. If the Product is exchanged the replacement will be warrantied for the remainder of the original warranty period or for thirty days, whichever is the longer.
(b) To the full extent permitted by the State, Territory or Commonwealth law, any conditions or warranties imposed are excluded. The liability of DtMSTM under the Trade Practices Act or the Fair Trading Act (Vic) or similar legislation in other States or Territories is limited at the exclusive option of DtMSTM to replacement of the Product or the repair of the Product. It is expressly agreed that under no circumstances shall DtMSTM be liable for any loss damage or injury (including without limitation any loss of profit indirect consequential or incidental loss damage or injury) arising from supply or use of the Product or any failure by DtMSTM to perform any obligations or observe any term of this Agreement.
Defects and Warranties. 11.1 The Customer shall inspect the Services on delivery and shall within thirty (30) days of delivery notify Gloss Boats of any alleged defect, shortage in quantity, errors, omissions or failure to comply with the description or quote. The Customer shall afford Gloss Boats an opportunity to inspect the Services within a reasonable time following delivery if the Customer believes the Services are defective in any way. If the Customer shall fail to comply with these provisions, the Services shall be conclusively presumed to be in accordance with the terms and conditions and free from any defect or damage.
11.2 For defective Services, which Gloss Boats has agreed in writing that the Customer is entitled to reject, Gloss Boats’ liability is limited to either (at Gloss Boats’ discretion) replacing the Services or rectifying the Services provided that the Customer has complied with the provisions of clause 11.1.
11.3 For Goods, the warranty shall be the current warranty provided by the manufacturer of the Goods. Gloss Boats shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Goods.
Defects and Warranties. Property Manager shall give Owner written notice of any material or latent defect in the Property and all parts thereof known to Property Initials: PM /s/ RY Owner Manager promptly after any of the foregoing comes to Property Manager’s attention including, without limitation, material defects in the roof, foundation and walls of the Property and in the sewer, water, electrical, structural, plumbing, heating, ventilation and air conditioning systems. Property Manager shall make periodic visual inspections of the Property consistent with its employees’ and agents’ expertise as referenced in Section 4(c)(i) hereinabove. Property Manager shall have no obligation to discover any such condition or make any other inspections, but Property Manager shall be required to ascertain the existence of any contractor/subcontractor warranty or guaranty and to submit a request to the appropriate contractor/subcontractor to repair the defect as necessary.
Defects and Warranties. 11.1.1 The Landlord agrees with the Tenant to procure the making good of at its own expense any defects shrinkages or other faults that arise in the Premises within 12 months of the Certificate Date (and are notified in writing by the Tenant to the Landlord during such period) which are due to faulty design, supervision of the Works, materials or workmanship not in accordance with the Building Contract or this Agreement or to frost occurring before the first anniversary of the Certificate Date or other failure of the Building Contractor to comply with its obligations under the Building Contract. Any such works shall be undertaken at the expiry of the said 12 month period, unless the defect is such that it impacts upon the use of the Premises by the Tenant whereupon the Landlord will procure that any such works are carried out as soon as reasonably possible. The Landlord shall make good or procure the remedying by the Building Contractor of all defects and/or incomplete items referred to in any supplementary or snagging list referred to in the Certificate and/or required to be carried out by the Landlord whether as part of its certification arrangements in relation to the Premises or otherwise.
11.1.2 If the Landlord shall fail to comply with its obligations under this clause then the Tenant may remedy the breach and all proper costs and expenses in connection therewith shall be paid by the Landlord to the Tenant within 10 days of demand.
11.1.3 The provisions of this clause shall be without prejudice to any other provisions of this agreement and to any other claims rights of action or remedies which the Tenant might have at common law or otherwise.
Defects and Warranties. 1. The Seller shall provide guarantee for the quality of the delivered Equipment for the period of twelve (12) months from the date of their delivery to the Buyer. The warranty period begins to run on the date of execution of the bill of delivery by authorized representatives of the Parties. The Seller undertakes to rectify any claimed defects on the Equipment covered by this warranty free of charge, within deadlines agreed herein. The Seller is obliged to reimburse any costs incurred by the Buyer in connection with the transport of the claimed (defective) Equipment to the Seller’s premises.
2. The Buyer shall inform the Seller without undue delay of any defects on the delivered Equipment discovered during the warranty period. Defects may be claimed until the very last day of the warranty period; any defect claim sent on the last day of the warranty period shall be deemed to have been exercised in time.
3. The Buyer shall be obliged to make any defect claims in writing (in writing shall include the form of a simple email). The Seller shall be obliged to establish (state) a special email address for defect claims. The Seller shall accept defect claims during the entire term hereof and the warranty period at: 12 months.
4. The Buyer shall specify, in the claim and in writing, the description of the defect and provide, if available, additional documentation (photo or other documentation). Should the Seller not be able to assess existence of the defect without inspecting the Equipment, the Parties shall agree whether the Equipment shall be shipped to the Seller or whether the Seller will inspect the Equipment at the Buyer’s site. Should the Buyer incur any costs in relation to claiming the defect (such as shipping costs), for which the Seller is liable, the Seller shall compensate the Buyer for any such costs. The Seller undertakes to confirm to the Buyer the receipt of the defect claim within two (2) days of its delivery and to inform the Buyer, within three working
Defects and Warranties. 10.1 The Landlord hereby agrees to make good as soon as reasonably practicable and at its own expense any defects that arise in the Premises within 12 months of the Certificate Date (and are notified by the Tenant to the Landlord during such period) which are due to faulty design workmanship materials or supervision of the Works and/or in breach of the provisions of Schedule B to the reasonable satisfaction of the Tenant and the Tenant shall have no liability under its repairing obligations in the Lease to remedy such faults and defects itself
10.2 The Landlord shall procure from any contractor architect or engineer (having a design input) and the environmental consultant on or before the Completion Date duly executed Deeds of Warranty substantially in the form of the Deed of Warranty but where the Landlord (but not a subsidiary company within the Slough Estates Group of Companies) acts in the capacity of any of the aforesaid no Deed of Warranty shall be supplied Provided always the Tenant shall not be entitled to delay the Completion Date on the grounds that one or more of the Deeds of Warranty are unavailable on such date
