Common use of Effects of deficiencies Clause in Contracts

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.

Appears in 6 contracts

Samples: Agreement, www.udbud.dk, www.udbud.dk

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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.

Appears in 4 contracts

Samples: Agreement, www.udbud.dk, www.udbud.dk

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 wilful 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.

Appears in 1 contract

Samples: Agreement

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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 ‘1113. Handover’. The Client may claim compensation for loss suffered he suffers 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 Contract if the deficiency entails a material breach of contract. In such cases, the Client can oppose the Supplier's offer of rectification.

Appears in 1 contract

Samples: Contract

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