Defects Liability. 9.1 In this Contract, and subject to Clause 9.2, a defect shall mean any non-conformity of the Supplies with the express terms of this Contract resulting from circumstances existing in the Supplies at the time of the transfer of risk to the Customer (“Defects”).
9.2 In particular, the following shall not be Defects:
a) normal wear and tear, non-conformity resulting from excessive strain,
b) non-conformity resulting from faulty or negligent handling; non-compliance with instructions or recommendations in operation or maintenance manuals and other documents;
c) installation, erection, modification, commissioning, or pre- commissioning, in each case not carried out by Siemens,
d) non-reproducible software errors,
e) defects which do not significantly impair the use of the respective Supplies.
9.3 The Customer shall immediately inspect the Supplies upon delivery and shall notify Siemens in writing of any Defects without undue delay. The Customer’s claims in respect of defects shall be excluded for any apparent defects if the Customer has failed to do so. Upon such written notification, Siemens shall, at its option, remedy a Defect by repair, replacement, or re-performance. Siemens shall be given a reasonable period of time and opportunity to remedy the Defect. For this purpose, the Customer shall grant Siemens working access to the non- conforming Supplies, shall undertake any necessary dis- assembly and re-assembly, and shall provide access to operation and maintenance data, all at no charge to Siemens. Upon Siemens’ request, the Customer shall ensure that the title to the replaced parts/items shall pass to Siemens.
9.4 Unless otherwise agreed, the defects liability period for any part of the Supplies is 12 months. It starts at the date of transfer of risk. For replaced or repaired parts of the Supplies, the defects liability period is 6 months from the date of replacement or repair, if the original defects liability period for the Supplies expires earlier. In any event, the defects liability period shall end no later than 24 months from the beginning of the original defects liability period.
9.5 If software is defective, Siemens shall only be obliged to provide the Customer with an updated version of the software in which the Defect has been remedied when such updated version is reasonably available from Siemens or, if Siemens is only licensee, from Siemens’ licensor. If the software has been modified or individually developed by Siemens, Siemens shall in ad...
Defects Liability. 11.1 In case of a defect, the Seller will, without undue delay and free of charge, make good any defects and/ or deficiencies in its Supplies and Services which were already existent at the time of transfer of risk to the Customer by, at its sole discretion and as the nature of the defect or deficiency would reasonably require,repair or replacement. The Customer has the obligation to inform the Seller of any defect and/ or deficiency without undue delay after detection of the same.
11.2 Should remedy of a defect and/ or deficiency finally fail, the Customer shall – without prejudice to claim damages – be entitled to terminate the Contract or ask for an equitable adjustment of the Contact price. Except as otherwise provided in the Contract, a remedy shall be deemed to have finally failed after the third unsuccessful attempt by the Seller to rectify the defect and/or deficiency.
11.3 Defect liability claims shall become statute-barred after a period of 12 months, counted from the date of completion of the concerned Supplies and/or Services (“Defect Liability Period”). In case and where a longer Defect Liability Period is mandatory as per applicable law, the Defect Liability Period mentioned in the preceding sentence shall be replaced by such mandatory longer period. If any part of the Supplies and Services has to be repaired or replaced during the Defect Liability Period, the Defect Liability Period for the relevant part of the Supplies and Services shall begin for another period of 12 months, however, provided that the Defect Liability Period shall not be (further) extended beyond 24 months from the from the date of completion of the concerned Supplies and/ or Services.
11.4 The Seller shall not be liable for any damage / defect occurring after transfer of risk to the Customer being a result of careless usage, inappropriate consumables/ fuels, defective and/ or deficient civil works, inappropriate ground conditions or special outside influences which are not specifically provided for in the Contract. Should the Customer or any third party perform improper maintenance works or effect any changes to the Supplies and Services the consequences thereof shall not be covered under subject defect liability obligations of the Seller.
11.5 The Seller shall not be liable for normal wear and tear. Wear-parts are excluded from any defect liability, except in case the Customer provides proof that the damage or defect is not caused by normal wear and tear.
11.6 Any furthe...
Defects Liability. Not used
Defects Liability. 13.1 For the purposes of this agreement, except where expressly stated otherwise, 14 (fourteen) days after the date of completion shall be the due date for payment of the final instalment by the Employer to the Contractor (exclusive of the retention referred to in clause 9 above).
13.2 Upon completion of the works and payment of the final instalment the Employer shall take possession of and inspect the Works and provide the Contractor with a final written list within 7 (seven) days of any work still to be competed and/or defects to be remedied. The defects liability period shall commence from the date of completion. Any dispute regarding the defects list shall be submitted to the Architect who shall adjudicate thereon, and whose decision shall be final and binding on both parties.
13.3 The Contractor shall, within 30 (thirty) days after receipt of the notice of defects referred to in clause 13.2, at its own costs, remedy such defects which it is, after examination thereof, satisfied that it:
13.3.1 is due to defects in the materials, design or workmanship;
13.3.2 have not been caused by any alterations, variations or modifications to the materials or the building caused by the Employer;
13.3.3 have not arisen from neglect or misuse by the Employer;
13.3.4 which is not in accordance with the drawings and schedules as amended by any variation agreements or orders.
13.4 The Contractor shall however not be liable for:
13.4.1 damage or loss caused by misuse, negligence or abuse or accident or any risk insured against in terms of the insurance policy normally used by Banks in respect of a mortgage bond over residential property
13.4.2 touch-up painting of any nature whatsoever;
13.4.3 hairline cracks in the plaster work.
13.5 Should the Employer fail to give the said notice timeously and within the period stipulated, it shall be regarded that the building has been built and completed in accordance with the drawings and specifications to the satisfaction of the Employer and the Employer shall be deemed to have accepted the building in good order and condition and the Contractor shall be discharged from its obligations hereunder with no further liability towards the Employer and the Employer shall have no further claim whatsoever against the Contractor.
13.6 Should the Employer fail to notify the Contraction within the period provided, of a defect in the materials or the building works of which he could reasonably have been expected to have knowledge of, the Contr...
Defects Liability.
8.1 Security for Defects Liability Period Until the expiry of the relevant Defects Liability Period, the City may retain from the Guarantee an amount equal to 10% of the Attributed Value of the Public Benefits as security for the Developer’s performance of its obligations under this clause 8. The Developer must make any necessary arrangements to allow the provision of the Guarantee for the Defects Liability Period in accordance with this clause.
8.2 Defect in the Public Benefits
(a) If:
(i) the Developer is in breach of clause 4.2 of this document; or
(ii) the City notifies the Developer of a Defect in the Public Benefits within the Defects Liability Period, then, following written notice from the City, the Developer must promptly correct or replace (at the Developer’s expense) the defective elements of the Public Benefits.
(b) If the Developer is unable or unwilling to comply with clause 8.2(a), or fails to rectify the Defect within three months of receiving notice from the City under clause 8.2(a), the City may:
(i) rectify the Defect itself;
(ii) make a claim on the Guarantee in accordance with clause 10.3 of Schedule 3 for the reasonable costs of the City in rectifying the Defect; and
(iii) to the extent the costs incurred to rectify the Defect exceeds the Guarantee, recover the reasonable costs from the Developer as a debt due and owing to the City.
(c) If the City requires access to the Land to rectify any Defect, the Developer grants the City and its contractors a licence for such period as is necessary for the City and its contractors to access the Land to carry out, or procure the carrying out, of the rectification works.
Defects Liability. 9.1 In this Contract, and subject to Clause 9.2, a defect shall mean any non-conformity of the Supplies with the express terms of this Contract resulting from circumstances existing in the Supplies at the time of the transfer of risk to the Customer (the “Defects”).
9.2 In particular, the following shall not be Defects:
a) normal wear and tear, non-conformity resulting from excessive strain;
b) non-conformity resulting from faulty or negligent handling; non-compliance with instructions or recommendations in operation or maintenance manuals and other documents;
c) installation, erection, modification, commissioning, or pre-commissioning, in each case not carried out by Innomotics;
d) non-reproducible software errors;
e) defects which do not significantly impair the use of the respective Supplies;
f) defects due to unsuitable equipment and/or an unsuitable operating environment, both not provided by Innomotics under this Contract, or due to any external risks not expressly assumed by Innomotics under the Contract. Potential claims of the Customer in relation to other agreements with Innomotics shall not be affected.
9.3 The Customer shall immediately inspect the Supplies upon delivery and shall notify Innomotics in writing of any Defects without undue delay. The Customer’s claims in respect of defects shall be excluded for any apparent defects if the Customer has failed to do so. Upon such written notification, Innomotics shall, at its option, remedy a Defect by repair, replacement, or re-performance. Innomotics shall be given a reasonable period of time and opportunity to remedy the Defect. For this purpose, the Customer shall grant Innomotics working access to the non-conforming Supplies, shall undertake any necessary dis-assembly and re-assembly, and shall provide access to operation and maintenance data, all at no charge to Innomotics. For this purpose, the Customer shall at no charge to Innomotics:
a) provide Innomotics with the documentation and information which is necessary for the rectification of a defect,
b) grant Innomotics working access to the non-conforming Supplies,
c) undertake any necessary disassembly and re-assembly,
d) for defects that occur in the software: ensure that Innomotics has available to it the necessary hardware and software as well as the necessary operating conditions with suitable personnel. Upon Innomotics´ request, the Customer shall ensure that the title to the replaced parts/items shall pass to Innomotics.
9.4 Unless ot...
Defects Liability a.) Lippmann warrants that the Goods shall be free from defects in material and workmanship attributable to Xxxxxxxx, provided that any defect must be claimed in writing within the defects liability period set out in Appendix 1, unless otherwise specified in the Contract. Lippmann’s liability under this warranty shall be limited to, at its choice, repair or replace defective Goods and the above defects liability period shall be extended by six months from the repair or replacement but shall not extend beyond six months from the expiry of the initial defects liability period. Repair work shall be performed at the location determined by Xxxxxxxx. Title to any replaced Goods shall revert to Xxxxxxxx.
b.) The above warranty shall not apply for (i) ordinary wear and tear or deterioration of the Goods, (ii) wear and consumable parts such as hoses, belts, rubber tyres, blades, linings, discs, batteries, nozzles, oil, fuel, fluids, grease, coolants or other parts which by their nature are expected to be replaced in regular intervals (unless such parts were defective upon delivery in which case they shall be replaced with new parts), (iii) minor defects which can be rectified with minimal effort such as changing of seals, tightening, adjustment or settings or have no significance to the operation of the Goods such as dents or surface scratches,
Defects Liability. Warranties
Defects Liability. 26.1 The Supplier shall, at the request of the CSIR, and on such date and time, as may be agreed to between the Parties in writing (taking into consideration the necessity of any repairs, replacement or remedy to any Goods/Works and/or Services), but in any event, not later than 30 (thirty) days after the CSIR has made such request to the Supplier, at the sole discretion of the CSIR, either:
26.1.1 remedy all defects or damages to any Goods/Works and/or Services; or
26.1.2 replace any damaged or defective Goods/Works and/or Services; or
26.1.3 credit the Supplier for any defective or damaged Goods/Works and/or Services, during the Warranty Period.
26.2 All work referred to in this Clause 26 (Defects Liability) will be executed by the Supplier at its own cost, unless the necessity for such remedying of defects or damage is due to an act or omission on the part of the CSIR.
26.3 If the Supplier fails to remedy any defect or damage or replace any Goods/Works and/or Services or components thereof which require replacement, within a reasonable time, the CSIR may, at its sole discretion carry out the work itself or have the work carried out by others in a reasonable manner and at the Supplier’s risk and cost, or replace the Goods/Works and/or Services or components in question.
Defects Liability. (a) The Vendor warrants the Goods and Services against any Defect during the Defects Liability Period.
(b) Newcrest must promptly notify the Vendor of any Defect in the Goods or Services as soon as reasonably practicable after Newcrest becomes aware of that Defect.
(c) Upon receipt of a notice from Newcrest of any Defect to any Goods or Services during the Defects Liability Period, the Vendor must:
(i) repair or replace the Goods free of charge; or
(ii) correct the Defect in the Services (including by providing additional Services necessary to correct the Defect or re- performing the Services) free of charge, in each case, prior to the expiration of the time specified by Newcrest in the notice.
(d) The Defects Liability Period for the Goods or Services will be extended by the length of the period commencing with the Vendor’s receipt of a notice from Newcrest under clause 15(c) and ending when the Vendor has repaired or replaced the Goods or corrected the Defect in the Services.
(e) If the Vendor fails to repair or replace the Goods or correct the Defect in the Services within the specified period under clause 15(c), Newcrest may make good or engage another contractor to make good the Defect, in which case such costs will be a debt due and immediately payable by the Vendor to Newcrest.
