Common use of DEFICIENCIES IN PERFORMANCE Clause in Contracts

DEFICIENCIES IN PERFORMANCE. 14.1 A Party who becomes aware of any Defect will notify the other Party within 7 (seven) Business Days after becoming aware of the Defect. 14.2 Within 7 (seven) Business Days after becoming aware thereof or such other time frame as may be agreed in writing between the Parties, the Service Provider will correct and repair any Defect in a Deliverable which prevents the Deliverable from conforming to the requirements of this Agreement and performing as warranted, at no cost to the University. 14.3 Where required by the University, the Service Provider will provide the University with a replacement Deliverable for the time that the affected Deliverable is being repaired so as to prevent unexpected interruptions in its own day-to-day operations and business. 14.4 In the event that the Service Provider is unable to repair an affected Deliverable as required, it shall replace the Deliverable at no additional cost to the University. 14.5 If the Service Provider is unable or unwilling to correct or repair a Defect or replace a Deliverable within the period as set out in clause 14.2, the University may, in addition to any other rights or remedies it may have at law, by itself or through a third party correct or repair the Defects or re-perform or replace the non-conforming Deliverables at the Service Provider’s expense, or require the Service Provider to provide the University with a refund for all Deliverables which do not conform or perform as warranted or are not fit for the purpose for which they were procured. 14.6 The Service Provider is responsible for the costs of repairing, replacing or correcting nonconforming Deliverables, and for all related costs, expenses and damages including, but not limited to, the costs of removal, disassembly, failure analysis, fault isolation, reinstallation, re-inspection, and retrofit of the nonconforming Deliverables of the University’s affected end-product; all freight charges; all customer charges; and all other corrective action costs (including costs of additional inspection or quality-control systems). Unless set off by the University, the Service Provider will reimburse the University for all such costs upon receipt of the University’s invoice. 14.7 Unless agreed otherwise between the Parties in writing the Service Provider will continue to provide the Deliverables until the University is satisfied that the Deliverables are fit for the purpose for which they were procured, of suitable quality and that the Deliverables do not contain any Defects. 14.8 Risk, and where applicable title, in and to the Deliverables will pass from the Service Provider to the University on Acceptance of same by the University.

DEFICIENCIES IN PERFORMANCE. 14.1 15.1 A Party who becomes aware of any Defect will notify the other Party within 7 (seven) Business Days after becoming aware of the Defect. 14.2 15.2 Within 7 (seven) Business Days after becoming aware thereof of the Defect or such other time frame as may be agreed upon in writing between the Parties, the Service Provider will correct shall promptly and repair any Defect in a Deliverable which prevents the Deliverable from conforming to the requirements of this Agreement and performing as warranted, at no additional cost to the University, modify, correct, and repair any Defect. Upon receipt of a written notification regarding a Defect, the Service Provider must take immediate and necessary actions to rectify the Defect in a timely and diligent manner, utilising appropriate remedies such as repair, replacement, or re-performance. To facilitate the resolution process, the University shall upon written request by the Service Provider provide the Service Provider with unrestricted working access to the non- conforming Deliverables. Additionally, The University may, on receipt of a reasonable written request by the Service Provider consider the transfer of title to any replaced parts/items to the Service Provider. 14.3 15.3 Where required by the University, the Service Provider will will, at its own cost provide the University with a replacement Deliverable for the time that the affected Deliverable is being repaired so as to prevent unexpected interruptions in its the University’s own day-to-to- day operations and business. 14.4 15.4 In the event that the Service Provider is unable to repair an affected Deliverable as requiredDeliverable, it shall must replace the Deliverable at no additional cost to the University. 14.5 15.5 If the Service Provider is unable or unwilling to modify, correct or repair a Defect or replace a Deliverable within the period as set out in clause 14.215.2Error! Reference source not found., the University may, in addition to any other rights or remedies it may have at law, , 15.5.1 by itself or through a third party correct or repair the Defects or re-perform or replace the non-non- conforming Deliverables at the Service Provider’s expense, or or 15.5.2 require the Service Provider to provide the University with a refund for all Deliverables which do not conform or perform as warranted or are not fit for the purpose for which they were procured.; or 14.6 15.5.3 enforce the provisions of clause 25, 15.6 The Service Provider is responsible for the costs of modifying, repairing, replacing or correcting nonconforming Deliverables, and for all related costs, expenses and damages including, but not limited to, the costs of removal, disassembly, failure analysis, fault isolation, reinstallation, re-inspection, and retrofit Acceptance of the nonconforming Deliverables of the University’s affected end-product; all freight charges; all customer charges; and all other corrective action costs (including costs of additional inspection or quality-control systems). . 15.7 Unless set off by explicitly stated otherwise in a written agreement between the UniversityParties, the Service Provider will reimburse the University for all such costs upon receipt must ensure uninterrupted provision of the University’s invoice. 14.7 Unless agreed otherwise between the Parties in writing the Service Provider will continue to provide the Deliverables until such time as the University is satisfied that the Deliverables are deems them to be fit for the intended purpose for which they were procuredacquired, meeting the required level of suitable quality quality, and that the Deliverables do not contain free from any Defects. 14.8 Risk, and where applicable title, in and to the Deliverables will pass from the Service Provider to the University on Acceptance of same by the University.

DEFICIENCIES IN PERFORMANCE. 14.1 15.1 A Party who becomes aware of any Defect will notify the other Party within 7 (seven) Business Days after becoming aware of the Defect. 14.2 15.2 Within 7 (seven) Business Days after becoming aware thereof of the Defect or such other time frame as may be agreed upon in writing between the Parties, the Service Provider will correct shall promptly and repair any Defect in a Deliverable which prevents the Deliverable from conforming to the requirements of this Agreement and performing as warranted, at no additional cost to the University, modify, correct, and repair any Defect. Upon receipt of a written notification regarding a Defect, the Service Provider must take immediate and necessary actions to rectify the Defect in a timely and diligent manner, utilising appropriate remedies such as repair, replacement, or re- performance. To facilitate the resolution process, the University shall upon written request by the Service Provider provide the Service Provider with unrestricted working access to the non-conforming Deliverables. Additionally, The University may, on receipt of a reasonable written request by the Service Provider consider the transfer of title to any replaced parts/items to the Service Provider. 14.3 15.3 Where required by the University, the Service Provider will will, at its own cost provide the University with a replacement Deliverable for the time that the affected Deliverable is being repaired so as to prevent unexpected interruptions in its the University’s own day-to-day operations and business. 14.4 15.4 In the event that the Service Provider is unable to repair an affected Deliverable as requiredDeliverable, it shall must replace the Deliverable at no additional cost to the University. 14.5 15.5 If the Service Provider is unable or unwilling to modify, correct or repair a Defect or replace a Deliverable within the period as set out in clause 14.215.2, the University may, in addition to any other rights or remedies it may have at law, , 15.5.1 by itself or through a third party correct or repair the Defects or re-perform or replace the non-non- conforming Deliverables at the Service Provider’s expense, or or 15.5.2 require the Service Provider to provide the University with a refund for all Deliverables which do not conform or perform as warranted or are not fit for the purpose for which they were procured.; or 14.6 15.5.3 enforce the provisions of clause 26, 15.6 The Service Provider is responsible for the costs of modifying, repairing, replacing or correcting nonconforming Deliverables, and for all related costs, expenses and damages including, but not limited to, the costs of removal, disassembly, failure analysis, fault isolation, reinstallation, re-inspection, and retrofit Acceptance of the nonconforming Deliverables of the University’s affected end-product; all freight charges; all customer charges; and all other corrective action costs (including costs of additional inspection or quality-quality- control systems). . 15.7 Unless set off by explicitly stated otherwise in a written agreement between the UniversityParties, the Service Provider will reimburse the University for all such costs upon receipt must ensure uninterrupted provision of the University’s invoice. 14.7 Unless agreed otherwise between the Parties in writing the Service Provider will continue to provide the Deliverables until such time as the University is satisfied that the Deliverables are deems them to be fit for the intended purpose for which they were procuredacquired, meeting the required level of suitable quality quality, and that the Deliverables do not contain free from any Defects. 14.8 Risk, and where applicable title, in and to the Deliverables will pass from the Service Provider to the University on Acceptance of same by the University.