DEFECTS RECTIFICATION Sample Clauses

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.
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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.
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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.
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DEFECTS RECTIFICATION. 14.1 Upon request by Council, 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 Council.‌ 14.2 If the Supplier fails to correct the Defect then Council may at its sole and absolute discretion: (a) correct the Defect and the Supplier will be liable to Council for the cost of correcting the Defect;‌ (b) withhold any payment that may be or becomes due to the Supplier until the Supplier corrects the Defect; or (c) issue a written notice that Council is accepting or rejecting the portion of the Supply containing the Defect which has not been corrected. If Council issues a notice pursuant to this clause, the Purchase Price will be reduced by an amount determined by Council taking into account: (i) losses suffered by Council 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 Council liquidated damages at the rate stated in the Request for Quotation (if any) 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.‌
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DEFECTS RECTIFICATION. 13.1Upon our request, you must correct any defect in the Supply at your own cost.
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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.
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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 (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.
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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.
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Related to DEFECTS RECTIFICATION

  • Rectification Where the surface irregularity of sub-grade and the various pavement course fall outside the specified tolerances contractor shall be liable .to rectify these in the manner described below and to the satisfaction of the Engineer - in-charge. .

  • Correction of Defects 35.1 The Engineer shall give notice to the Contractor of any Defects before the end of the Defects Liability Period, which begins at Completion and is defined in the Contract Data. The Defects Liability Period shall be extended for as long as Defects remain to be corrected. 35.2 Every time notice of a Defect is given, the Contractor shall correct the notified Defect within the length of time specified by the Engineer’s notice.

  • Latent Defects Notwithstanding anything to the contrary set forth herein, no acceptance, or deemed acceptance, by City pursuant to this Section shall be applicable with respect to any Latent Defects. An acceptance, or deemed acceptance, by City pursuant to this Section shall not mean that City has accepted, or the other party has been relieved of, responsibility for: (i) compliance with the Laws; (ii) the proper application of construction means or methods; or (iii) correcting any portion of the Project if it later is determined that any portion of the Project is inconsistent with the Final Documents and Drawings.

  • Correction of Errors Contractor shall perform, at its own cost and expense and without reimbursement from the District, any work necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care required herein.

  • CORRECTION OF WORK 13.2.1 The Contractor shall be responsible for correcting all Work which the Architect has found to be defective or which fails to conform to the Contract Documents whether observed be- fore or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work, including compensation for the Architect's and the State’s additional services made necessary thereby. 13.2.2 If, within one year after the Date of Substantial Completion of the Work or designated portion thereof or within one year after acceptance by the State of designated equipment or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the State to do so unless the State has previously given the Contractor a written acceptance of such condition. This obligation shall survive termination of the Contract. The State shall give such notice promptly after discovery of the condition. 13.2.3 The Contractor shall remove from the site all portions of the Work which are defective or non-conforming and which have not been corrected under Subparagraphs 4.5.1, 13.2.1 and 13.2.4 If the Contractor fails to correct defective or nonconforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2, the State may correct it in accordance with Paragraph 13.2.5 If the Contractor does not proceed with the correction of such defective or non- conforming Work within a reasonable time fixed by written notice from the Architect, the State may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereafter, the State may upon ten additional days written notice sell such Work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including compensation for the Architect's and the State’s additional services and expenses made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the State. 13.2.6 The Contractor shall bear the cost of making good all work of the State or separate contractors destroyed or damaged by such correction or removal. 13.2.7 Nothing contained in this Paragraph 13.2 shall be construed to establish a period of limitation with respect to any other obligation which the Contractor might have under the

  • Correction No corrections shall be made in the tender documents. Any corrections that are to be made shall be made by crossing the incorrect portion and writing the correct portions above with the initials of tenderer.

  • Defects a. The Customer shall inspect the Goods upon delivery and will, within 48 hours, notify the Company of any defects, short deliveries or any failure to fulfill any quotation or order. b. The Customer will, within a reasonable time following delivery, grant the Company access to the Goods in order to inspect for any alleged defects. c. Should the Customer fail to notify the Company within the specified period then the Goods shall be deemed to be in compliance with the order and free from any defect whatsoever.

  • CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS 1. The Contractor certifies that it will provide a drug-free workplace by: a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the Contractor’s workplace and specifying the actions that will be taken against employees for violation of such prohibition;

  • Inspection and Rejection of Nonconforming Goods The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 19. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.

  • Uncovering and Correction of Work 12.1 The Contractor shall promptly correct Work rejected by the Owner or failing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed, and shall correct any Work found to be not in accordance with the requirements of the Contract Documents within a period of two years from the date of Substantial Completion, or by terms of an applicable special warranty required by the Contract Documents. The provisions of this Article apply to work done by Subcontractors as well as to Work done by direct employees of the Contractor. 12.2 At any time during the progress of the work, or in any case where the nature of the defects shall be such that it is not expedient to have them corrected, the Owner, at their option, shall have the right to deduct such sum, or sums, of money from the amount of the contract as they consider justified to adjust the difference in value between the defective work and that required under contract including any damage to the structure.

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