Common use of Nonconforming Services / Equipment Clause in Contracts

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.

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 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.