Extension of Defects Notification Period. The Contract Awarder shall be entitled subject to Sub-Clause 2.5 [Contract Awarder's Claims] to an extension of the Defects Notification Period for the Works or a Section if and to the extent that the Works, Section or a major item of Plant (as the case may be, and after taking over) cannot be used for the purposes for which they are intended by reason elf of defect or damage. However, a Defects Notification Period shall not be extended by more than two years. If delivery and/or erection of Plant and/or Materials was suspended under Sub-Clause 8.8 [Suspension of Work] or Sub-Clause 16.1 [Contractor's Entitlement to Suspend Work], the Contractor's obligations under this Clause shall not apply to any defects or damage occurring more than two years after the Defects Notification Period for the Plant and/or Materials would otherwise have expired.
Appears in 2 contracts
Samples: Contract Agreement (Renewable Fuel Corp), Contract Agreement (Renewable Fuel Corp)
Extension of Defects Notification Period. The Contract Awarder Employer shall be entitled subject to Sub-Clause 2.5 [Contract Awarder's Employer’s Claims] to an extension of the Defects Notification Period for the Works or a Section if and to the extent that the Works, Section or a major item of Plant (as the case may be, and after taking over) cannot be used for the purposes for which they are intended by reason elf of a defect or damageby reason of damage attributable to the Contractor. However, a Defects Notification Period shall not be extended by more than two years. If delivery and/or erection of Plant and/or Materials was suspended under Sub-Sub- Clause 8.8 [Suspension of Work] or Sub-Clause 16.1 [Contractor's ’s Entitlement to Suspend Work], the Contractor's ’s obligations under this Clause shall not apply to any defects or damage occurring more than two years after the Defects Notification Period for the Plant and/or Materials would otherwise have expired.
Appears in 1 contract
Samples: Unit Price Contract
Extension of Defects Notification Period. The Contract Awarder Employer shall be entitled subject to Sub-Clause 2.5 [Contract Awarder's Employer’s Claims] to an extension of the Defects Notification Period for the Works or a Section if and to the extent that the Works, Section or a major item of Plant (as the case may be, and after taking over) cannot be used for the purposes for which they are intended by reason elf of a defect or damage. However, a Defects Notification Period shall not be extended by more than two years. If delivery and/or erection of Plant and/or Materials was suspended under Sub-Clause 8.8 [Suspension of Work] or Sub-Clause 16.1 [Contractor's ’s Entitlement to Suspend Work], the Contractor's ’s obligations under this Clause shall not apply to any defects or damage occurring more than two years after the Defects Notification Period for the Plant and/or Materials would otherwise have expired.
Appears in 1 contract
Samples: Contract Agreement
Extension of Defects Notification Period. The Contract Awarder Employer shall be entitled subject to Sub-Sub- Clause 2.5 [Contract Awarder's Employer’s Claims] to an extension of the Defects Notification Period for the Works or a Section if and to the extent that the Works, Section or a major item of Plant (as the case may be, and after taking over) cannot be used for the purposes for which they are intended by reason elf of a defect or damageby reason of damage attributable to the Contractor. However, a Defects Notification Period shall not be extended by more than two years. If delivery and/or erection of Plant and/or Materials was suspended under Sub-Clause 8.8 [Suspension of Work] or Sub-Clause 16.1 [Contractor's ’s Entitlement to Suspend Work], the Contractor's ’s obligations under this Clause shall not apply to any defects or damage occurring more than two years after the Defects Notification Period for the Plant and/or Materials would otherwise have expired.
Appears in 1 contract
Samples: Unit Price Contract