Common use of Defects Liability Clause in Contracts

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.

Appears in 1 contract

Samples: Purchase Order Agreement

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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 in the notice from Newcrest 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.

Appears in 1 contract

Samples: Purchase Agreement

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: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 reperforming the Services) free of charge, 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.Newcrest.‌

Appears in 1 contract

Samples: Vendor Agreement

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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: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 in the notice from Newcrest 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.

Appears in 1 contract

Samples: Vendor and Supplier Contracts

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