Nonconforming Services / Equipment Sample Clauses

Nonconforming Services / Equipment. Without limitation of any other rights or remedies of Newmont, if a defect in any of the Services in violation of any of the warranties set forth in this Agreement applicable to Services (“Warranties” as applicable to Services) arises within one year of Newmont’s acceptance of such Services (“Warranty Period” as applicable to Services), or a defect in any Equipment in violation of any of the warranties set forth in this Agreement applicable to Equipment (“Warranties” as applicable to Equipment) arises within a period of 18 months from acceptance of the Equipment by Newmont or within 12 months from the date such Equipment is placed in regular operation, whichever is earlier (“Warranty Period” as applicable to Equipment), Newmont may require Supplier to correct promptly the nonconformance at Supplier’s expense. Supplier shall, upon receipt of a written request from Newmont to correct the nonconformance, promptly furnish, at no cost to Newmont, all labor, equipment, supervision, and materials necessary to correct such nonconformance and cause the Services or Equipment to comply fully with the Warranties. The Warranties shall apply to any Services performed or Equipment provided by Supplier to correct a nonconformance, commencing on the date of acceptance of such corrective Services or Equipment, as provided in Section 5.2, and extending for a period of time equal to the number of days in the Warranty Period that was applicable to the original Services or Equipment that were corrected (e.g., if the original Services had a 30-day Warranty Period, the corrected Services would have a 30-day Warranty Period from the date of acceptance). If Supplier fails to so correct such nonconformance within fifteen (15) days after receipt of Newmont’s Notice, Newmont may, in addition to any other rights and remedies available at law or in equity, elect to (1) retain a third party to correct the nonconformance at Supplier’s expense, or (2) correct the nonconformance with Newmont personnel at Supplier’s expense.
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Related to Nonconforming Services / Equipment

  • Stored equipment We accept no responsibility for any stored equipment or other property brought on to or left at the premises, and all liability for loss or damage is hereby excluded. All equipment and other property (other than stored equipment) must be removed at the end of each hiring or we will charge fees each day or part of a day at the hire fee per hiring until the same is removed. We may, in our discretion, dispose of any items referred to below by sale or otherwise on such terms and conditions as we think fit, and charge you any costs we incur in storing and selling or otherwise disposing of the same, in any of the following circumstances: (i) your failure either to pay any charges in respect of stored equipment due and payable or to remove the same within seven days after the agreed storage period has ended (ii) your failure to dispose of any property brought on to the premises for the purposes of the hiring.

  • Computer Equipment Recycling Program If this Contract is for the purchase or lease of computer equipment, then Contractor certifies that it is in compliance with Subchapter Y, Chapter 361 of the Texas Health and Safety Code related to the Computer Equipment Recycling Program and the Texas Commission on Environmental Quality rules in 30 TAC Chapter 328.

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