Lack of conformity Sample Clauses

Lack of conformity resulting from the incorrect installation of the product shall be deemed equivalent to lack of product conformity when installation is included in the contract of sale or supply (…) and has been carried out by the seller or under the responsibility thereof, or by the consumer or user when the defective installation is due to an error in the installation instructions. 3. There shall be no liability for lack of conformity which the consumer or user was aware of, or which they could not have reasonably ignored at the time the contract was concluded, or which originates from the materials provided by the consumer or user.”
Sample 1Sample 2Sample 3See All (5)
AutoNDA by SimpleDocs
Lack of conformity. 8.1 The Buyer shall examine the Goods, or cause them to be examined within as short period as is practicable in the circumstances. The Buyer shall notify the Seller of any lack of conformity of the Goods, specifying the nature of the lack of conformity, within
Sample 1Sample 2
Lack of conformity. 8.1 There is a lack of conformity where the Seller has delivered: 8.1.1. Part only or a larger or a smaller quantity of the Goods than specified in Article 1 of this contract;
Sample 1Sample 2
Lack of conformity. The Buyer shall examine the goods, or cause them to be examined within ………………. days, as is practicable in the circumstances. The Buyer shall notify the Seller of any lack of conformity of the goods, specifying the nature of the lack of conformity, within ………. days after the Buyer has discovered or ought to have discovered the lack of conformity. Where the Buyer has given due notice of non-conformity to the Seller, the Buyer may at his discretion: Require the Seller to deliver any missing quantity of the goods, without any additional expense to the Buyer; or Require the Seller to replace the goods with conforming goods, without any additional expense to the Buyer; or Require the Seller to repair the goods, without any additional expense to the Buyer; or Reduce the price in the same proportion as the value that the goods actually delivered had at the time of the delivery bears to the value that conforming goods would have had at that time. The Buyer may not reduce the price if the Seller replaces the goods with conforming goods or repairs the goods in accordance with paragraph 4.2.2 and 4.2.3 or if the Buyer refuses to accept such performance by the Seller, the buyer may; Declare this contract breached in accordance with clause 7 of this contract. The Buyer shall in any event be entitled to claim damages. The Seller’s liability under this clause for lack of conformity of the goods is limited to (specify limitations if any) Transfer of property The Seller must deliver to the Buyer the goods specified in Paragraph 3.2 of this contract free from any right or claim of a third person. The property in the goods (consignment) shall not pass to the Buyer until the Seller has received payment in full or at a time the parties agree or as implied from conduct of the parties or within a reasonable time.
Sample 1
Lack of conformity. 18.1 The Customer at any time may inspect the lighting scheme immediately following a maintenance visit. The Customer shall notify the Service Provider of any lack of conformity to this Agreement, specifying the nature of any lack of conformity, within 5 days after the Customer has discovered the lack of conformity. 18.2 Where the Customer has given due notice of non-conformity to the Service Provider the Customer is able to request 18.2.1 that remedial works are undertaken, at no additional expense to the Customer providing that the work required is directly the fault of the provider and not failure of additional light sets or equipment.
Sample 1
Lack of conformity resulting from the incorrect installation of the product shall be deemed equivalent to lack of product conformity when installation is included in the contract of sale or supply (…) and has been carried out by the seller or under the responsibility thereof, or by the consumer or user when the defective installation is due to an error in the installation instructions. 3. There shall be no liability for lack of conformity which the consumer or user was aware of, or which they could not have reasonably ignored at the time the contract was concluded, or which originates from the materials provided by the consumer or user.” 1. “Should the product not conform to the contract, consumers and users may choose between demanding the repair or the replacement of the product, unless either of these two options is objectively impossible or disproportionate. Both parties [the seller and the consumer] shall abide by the chosen action from such time as the consumer or user informs the seller thereof. The decision of the consumer or user shall be considered without prejudice to the provisions of the following article regarding circumstances in which repair or replacement fail to make the product conform to the contract. 2. Forms of remedy which, in comparison to the other, impose unreasonable costs on the seller, shall be considered undue, taking into account the value that the product would have if there was not lack of conformity, the importance of the lack of conformity and whether the alternative form of remedy could be implemented without causing major inconvenience to the consumer or user. In order to determine whether the costs are unreasonable, the expenses corresponding to one form of remedy must also be considerably higher than the expenses corresponding to the other form of remedy”. a) They shall be free of charge for the consumer and user, including the necessary expenses incurred to rectify the lack of conformity of the product with the contract, especially shipping expenses and costs relating to labor and materials. b) They must be carried out within a reasonable period and without major inconveniences for the consumer or user, taking into account the nature of the ‘Products’ and the purpose for which the consumer or user intended them. c) Repair shall entail the suspension of the calculation of the time limits within the consumer or user may exercise their rights. The suspension period shall commence once the consumer or user has placed the product at the dis...
Sample 1
Lack of conformity. 11.1. Xxxxx must examine the products delivered to him within as short a period as is practicable in the circumstances.
Sample 1
AutoNDA by SimpleDocs
Lack of conformity. 8.1 The Buyer shall examine the Goods, or cause them to be examined within as short period as is practicable in the circumstances. The Buyer shall notify the Seller of any lack of conformity of the Goods, specifying the nature of the lack of conformity, within . .
Sample 1
Lack of conformity. 1. Jet Travel shall be responsible for the performance of the travel services included in the Travel Services Agreement, irrespective of whether those services are to be performed by Jet Travel or by other travel service providers. 2. Traveller shall inform Jet Travel without undue delay, taking into account the circumstances of the case, of any lack of conformity which he perceives during the performance of a travel service included in the Travel Services Agreement. 3. Jet Travel shall remedy the lack of conformity, unless that (i) is impossible; or (ii) entails disproportionate costs, taking into account the extent of the lack of conformity and the value of the travel services affected. If Jet Travel does not remedy the lack of conformity for any reasons indicated in this Clause, Traveller shall be entitled to a price reduction and compensation for damages. 4. Save for the cases set out in Clause VII/3 above, if Jet Travel does not remedy the lack of conformity within a reasonable period set by Traveller, Traveller may do so himself and request reimbursement of the necessary expenses. It shall not be necessary for Traveller to specify a time-limit if Jet Travel refuses to remedy the lack of conformity or if immediate remedy is required. 5. Where a significant proportion of the travel services cannot be provided as agreed in the Travel Services Agreement, Jet Travel shall offer, at no extra cost to Traveller, suitable alternative arrangements of, where possible, equivalent or higher quality than those specified in the Travel Services Agreement, for the continuation of the package, including where Traveller's return to the place of departure is not provided as agreed. Traveller may reject the proposed alternative arrangements only if they are not comparable to what was agreed in the Travel Services Agreement or, in case a lower quality alternative arrangement is proposed, the price reduction granted is inadequate. 6. Where a lack of conformity substantially affects the performance of the Travel Services Agreement and Jet Travel has failed to remedy it within a reasonable period set by Traveller, Traveller may terminate the Travel Services Agreement without paying a termination fee and, where appropriate, request price reduction and/or compensation for damages. 7. If it is impossible to make alternative arrangements or Traveller rejects the proposed alternative arrangements in accordance with the foregoing, Traveller is entitled to price reduction and/or co...
Sample 1

Related to Lack of conformity

  • Design Requirements The DG Facility shall be installed in compliance with Wisconsin Administrative Code Chapter PSC 119.

  • Capital Requirements If any Lender or the L/C Issuer determines that any Change in Law affecting such Lender or the L/C Issuer or any Lending Office of such Lender or such Lender’s or the L/C Issuer’s holding company, if any, regarding capital requirements has or would have the effect of reducing the rate of return on such Lender’s or the L/C Issuer’s capital or on the capital of such Lender’s or the L/C Issuer’s holding company, if any, as a consequence of this Agreement, the Commitments of such Lender or the Loans made by, or participations in Letters of Credit held by, such Lender, or the Letters of Credit issued by the L/C Issuer, to a level below that which such Lender or the L/C Issuer or such Lender’s or the L/C Issuer’s holding company could have achieved but for such Change in Law (taking into consideration such Lender’s or the L/C Issuer’s policies and the policies of such Lender’s or the L/C Issuer’s holding company with respect to capital adequacy), then from time to time the Borrower will pay to such Lender or the L/C Issuer, as the case may be, such additional amount or amounts as will compensate such Lender or the L/C Issuer or such Lender’s or the L/C Issuer’s holding company for any such reduction suffered.

  • DEVELOPMENTAL REQUIREMENTS The Personal Development Plan (PDP) for addressing developmental gaps is attached as Annexure B.

  • Purchase Order Requirements Customers shall use a Request for Quote per section 287.056(2), Florida Statutes, when making purchases off of this State Term Contract. Customers shall issue Request for Quotes to at least 25 vendors approved to provide IT Staff Augmentation services in accordance with section 287.0591(5), Florida Statutes. Customers shall order services from the Request for Quote via a Purchase Order with the Customers’ selected Contractor. The terms of the Purchase Order shall not conflict with the terms and conditions established by this Contract. In accepting a Purchase Order, the Contractor recognizes its responsibility for all tasks and deliverables contained therein, warrants that it has fully informed itself of all relevant factors affecting accomplishment of the tasks and deliverables and agrees to be fully accountable for the performance thereof.

  • Specific Requirements compensation insurance with statutory limits required by South Dakota law. Coverage B-Employer’s Liability coverage of not less than $500,000 each accident, $500,000 disease-policy limit, and $500,000 disease-each employee.

  • Construction Requirements (a) All Life and Safety and applicable Building Codes will be strictly enforced (i.e., tempered glass, fire dampers, exit signs, smoke detectors, alarms, etc.). Prior coordination with the Building Manager is required. (b) Electric panel schedules must be brought up to date identifying all new circuits added. (c) All electrical outlets and lighting circuits are to be properly identified. Outlets will be labeled on back side of each cover plate. (d) All electrical and phone closets being used must have panels replaced and doors shut at the end of each day’s work. Any electrical closet that is opened with the panel exposed must have a work person present. (e) All electricians, telephone personnel, etc. will, upon completion of their respective projects, pick up and discard their trash leaving the telephone and electrical rooms clean. If this is not complied with, a clean-up will be conducted by the building janitors and the general contractor will be back-charged for this service. (f) Welding or burning with an open flame will not be done without prior approval of the Building Manager. Fire extinguishers must be on hand at all times. (g) All “anchoring” of walls or supports to the concrete are not to be done during normal working hours (7:30 AM—6:00 PM, Monday through Friday). This work must be scheduled before or after these hours during the week or on the weekend. (h) All core drilling is not to be done during normal working hours (7:30 AM—6:00 PM, Monday through Friday). This work must be scheduled before or after these hours during the week or on the weekend. (i) All HVAC work must be inspected by the Building Engineer. The following procedures will be followed by the general contractor: i) A preliminary inspection of the HVAC work in progress will be scheduled through the Building Office prior to the reinstallation of the ceiling grid. ii) A second inspection of the HVAC operation will also be scheduled through the Building Office and will take place with the attendance of the HVAC contractor’s Air Balance Engineer. This inspection will take place when the suite in question is ready to be air-balanced. [***] = CONFIDENTIAL INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THIS OMITTED INFORMATION. iii) The Building Engineer will inspect the construction on a periodic basis as well. (j) All existing thermostats, ceiling tiles, lighting fixtures and air conditioning grilles shall be saved and turned over to the Building Engineer.

  • Submittal Requirements To comply with Subsection 4.1, Consultant shall submit the following: a. Certificate of Liability Insurance in the amounts specified in the section; and b. Waiver of Subrogation Endorsement as required by the section.

  • Support Requirements If there is a dispute between the awarded vendor and TIPS Member, TIPS or its representatives may assist, at TIPS sole discretion, in conflict resolution or third party (mandatory mediation), if requested by either party. TIPS, or its representatives, reserves the right to inspect any project and audit the awarded vendors TIPS project files, documentation and correspondence. TIPS Members stand in the place of TIPS as related to this agreement and have the same access to the proposal information and all related documents. TIPS Members have all the same rights under the awarded Agreement as TIPS.

  • Specific Conditions If applicable, specific conditions required after a risk assessment will be included in Exhibit G. Grantee shall adhere to the specific conditions listed therein.

  • Project Requirements 1. Project must conform to regulations under 24 CFR Part 92, commonly known as the HOME Regulations.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!