Common use of Failure to Remedy Defects Clause in Contracts

Failure to Remedy Defects. If TOMRA fails to remedy or replace the affected Goods pursuant to Clause 7.3 within a reasonable time, a reasonable date may be fixed by the Purchaser, on or by which the Goods are to be remedied or replaced. If TOMRA fails to remedy, re-perform or replace the affected Goods by this notified date, the Purchaser may reject the affected Goods and TOMRA shall repay to the Purchaser any amounts paid hereunder in respect of such Goods or may remedy the Goods itself in which case TOMRA shall pay to the Purchaser all reasonable direct costs incurred by the Purchaser in remedying the Goods– subject to the limitations of liability defined under Clause 11.

Failure to Remedy Defects. If TOMRA fails to remedy or replace the affected Goods pursuant to Clause 7.3 within a reasonable time, a reasonable date may be fixed by the Purchaser, on or by which the Goods are to be remedied or replaced. If TOMRA fails to remedy, re-perform or replace the affected Goods by this notified date, the Purchaser may reject the affected Goods and TOMRA shall repay to the Purchaser any amounts paid hereunder in respect of such Goods or may remedy the Goods itself in which case TOMRA shall pay to the Purchaser all reasonable direct costs incurred by the Purchaser in remedying the Goods– subject to the limitations of liability defined under Clause 1112.