DEFECTS RECTIFICATION Clause Samples
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DEFECTS RECTIFICATION. 13.1 Upon our request, you must correct any defect in the Supply at your own cost.
13.2 If you do not correct the defect within a reasonable time, then we may:
(a) correct the defect and you will be liable to reimburse us for the costs we incur;
(b) withhold any payment that may be or becomes due to you until you correct the defect;
(c) reject the part of the Supply containing the defect which has not been corrected and reduce the price by the amount reflecting the losses we have suffered as a result of the defect.
13.3 If you become aware of any defect prior to or during the Supply, you must immediately notify us. We may take action in accordance clause 13.2 or provide such other direction to you to rectify such defect. Failure to notify shall be constituted as a breach by you of this Contract.
13.4 This clause survives termination or expiry of this Contract.
DEFECTS RECTIFICATION. 13.1Upon our request, you must correct any defect in the Supply at your own cost.
DEFECTS RECTIFICATION. 12.1 Upon our request, you must correct any defect in the Supply at your own cost.
12.2 If you don't correct the defect within a reasonable time, then we can:
(a) correct the defect and you will be liable to reimburse us for the costs we incur;
(b) withhold any payment that may be or becomes due to you until you correct the defect;
(c) reject the part of the Supply containing the defect which has not been corrected and reduce the price by the amount reflecting the losses we have suffered as a result of the defect.
DEFECTS RECTIFICATION. 12.1 Upon your reasonable request, we will correct any defect in the Supply, at any reasonable time up to the completion of the Supply or, if applicable, expiry of the defects liability period (which shall not exceed 12 months from completion of our Supply), at our cost.
12.2 If we do not correct the defect within a reasonable time following written notice, then you may:
(a) correct the defect and we will be liable to reimburse you for the actual costs you reasonably and necessarily incurred; or
(b) reject the part of the Supply containing the defect which has not been corrected and reduce the price by the amount reflecting the reasonable portion of the Supply rejected as a result of the defect.
DEFECTS RECTIFICATION. 14.1. Upon request by the Company, the Supplier must correct any defect, shrinkage, fault or omission in the Supply including any aspect of the Works which is not in accordance with the Agreement (Defect) at no cost to the Company.
14.2. If the Supplier fails to correct the Defect then the Company may at its sole and absolute discretion:
a) correct the Defect and the Supplier will be liable to the Company for the cost of correcting the Defect;
b) (or where the Company is not the Invoicing Entity, the Invoicing Entity may) withhold any payment that may be or becomes due to the Supplier until the Supplier corrects the Defect;
c) issue a written notice that the Company is accepting or rejecting the portion of the Supply containing the Defect which has not been corrected. If the Company issues a notice pursuant to this clause, the Purchase Price will be reduced by an amount determined by the Company taking into account:
(i) losses suffered by the Company as a result of the Defect; and
(ii) the saving in cost to the Supplier in not correcting the Defect.
14.3. If the Supplier fails to deliver the Supply on time, the Supplier must pay the Company (or where the Company is not the Invoicing Entity, the Invoicing Entity may) liquidated damages at the rate stated in the Purchase Order for every day which the Supply is late.
14.4. No inspection, testing or acceptance of or payment for some or all of the Supply affects in any way:
a) any liability or obligation of the Supplier; or
b) any remedy or right in respect of any cost, expense, damage, liability or loss, including the right to reject any Supply.
DEFECTS RECTIFICATION. The Landlord must repair or rectify, within a reasonable time after notice has been given by the Tenant, any defects or faults in the Site Works due to faulty materials or workmanship which are notified in writing to the Landlord within 12 months after the Lease Commencement Date.
DEFECTS RECTIFICATION. 12.1 Upon your reasonable request, we will correct any defect in the Supply, at any reasonable time up to the completion of the Supply or, if applicable, expiry of the defects liability period set out in the Contract (which shall not exceed 12 months from completion of our Supply), at our cost.
12.2 If we do not correct the defect within a reasonable time following written notice received by us during the defects liability period set out in the Contract, then you may:
(a) correct the defect and we will be liable to reimburse you for the actual costs you reasonably and necessarily incurred; or
(b) reject the part of the Supply containing the defect which has not been corrected and reduce the price by the amount reflecting the reasonable portion of the Supply rejected as a result of the defect.
DEFECTS RECTIFICATION. 13.1 Upon our request, you must correct any defect in the Supply at your own cost.
13.2 If you do not correct the defect within a reasonable time (taking into account the nature, scope, and impact of the defect), then we may:
(a) correct the defect and you will be liable to reimburse us for the costs we incur;
(b) withhold any payment that may be or becomes due to you until you correct the defect;
(c) reject the part of the Supply containing the defect which has not been corrected and reduce the price by the amount reflecting the losses we have suffered as a result of the defect.
13.3 If you become aware of any defect prior to or during the Supply, you must immediately notify us. We may take action in accordance clause 13.2 or provide such other direction to you to rectify such defect. Failure to notify shall be constituted as a breach by you of this Contract.
13.4 This clause survives termination or expiry of this Contract.
DEFECTS RECTIFICATION. 12.1 Upon our request, you must correct any defect in the Supply at your own cost.
12.2 If you don't correct the defect within a reasonable time, then we can:
(a) correct the defect and you will be liable to reimburse us for the costs we incur;
(b) withhold any payment that may be or becomes due to you until you correct the defect;
(c) reject the part of the Supply containing the defect which has not been corrected and reduce the price by the amount reflecting the losses we have suffered as a result of the defect.