Effects of deficiencies Sample Clauses

Effects of deficiencies. ‌ If the Client submits a complaint, the Supplier shall begin to rectify the deficiency immediately. Rectification shall be carried out at no cost to the Client, and without the Client's normal business being subjected to a disadvantage to a greater extent than is reasonable. Rectification shall be carried out where the Delivery is located, unless otherwise agreed between the Parties. If the material is sent to the Supplier for repair or replacement, the Supplier will be liable for the costs related to this. If repair cannot be carried out without significant disadvantage for the Client, the Supplier must redeliver. If the Supplier has not rectified the deficiency within a reasonable time, the Client will be entitled to carry out rectification or make a replacement purchase for the Supplier's expense and risk, or to claim a reduction in price. The same applies if it will be a significant disadvantage to the Client to await the Supplier's rectification. In such cases, the Supplier shall be informed in writing before rectification is carried out. The Supplier must be aware of the limitations of space and time described in clause ‘11. Handover’. The Client may claim compensation for loss suffered as a result of a deficiency. Such compensation is limited to direct loss, unless the Supplier or a person for whom he is responsible has demonstrated gross negligence or willful intent. The Client can terminate the Agreement if the deficiency entails a material breach of contract. In such cases, the Client can oppose the Supplier's offer of rectification.
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Related to Effects of deficiencies

  • Consequences of Events of Default and Corrective Action If an Event of Default occurs, the Province may, at any time, take one or more of the following actions:

  • Deficiencies Without limiting or waiving any other remedies available to City, City’s remedies shall include the following in connection with deficiencies in Tenant’s operations:

  • Anti-Deficiency Act The Department's obligations and responsibilities under the terms of the Contract and the Contract Documents are and shall remain subject to the provisions of (i) the federal Anti-Deficiency Act, 31 U.S.C. §§1341, 1342, 1349, 1350, 1351, (ii) the D.C. Code 47-105, (iii) the District of Columbia Anti-Deficiency Act, D.C. Code §§ 47- 355.01 - 355.08, as the foregoing statutes may be amended from time to time, and (iv) Section 446 of the District of Columbia Home Rule Act. Neither the Contract nor any of the Contract Documents shall constitute an indebtedness of the Department, nor shall it constitute an obligation for which the Department is obligated to levy or pledge any form of taxation, or for which the Department has levied or pledged any form of taxation. IN ACCORDANCE WITH § 446 OF THE HOME RULE ACT, D.C. CODE § 1-204.46, NO DISTRICT OF COLUMBIA OFFICIAL IS AUTHORIZED TO OBLIGATE OR EXPEND ANY AMOUNT UNDER THE CONTRACT OR CONTRACT DOCUMENTS UNLESS SUCH AMOUNT HAS BEEN APPROVED, IS LAWFULLY AVAILABLE AND APPROPRIATED BY ACT OF CONGRESS.

  • 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.

  • Effect of Default If Tenant is in Default, Landlord is irrevocably authorized, as Tenant’s agent and attorney-in-fact, to direct any transferee under any sublease, license or other occupancy agreement to make all payments under such agreement directly to Landlord (which Landlord shall apply towards Tenant’s obligations hereunder) until such Default is cured. Such transferee shall rely upon any representation by Landlord that Tenant is in Default, whether or not confirmed by Tenant.

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