Notice of Warranty Claim. Subject to Section 16.2 and Section 16.6, if during the Defect Warranty Period, Design Warranty Period or Installation Warranty Period applicable to such Work (as the case may be) the Owner provides Notice to Contractor that any of the Work fails to satisfy the Defect Warranty during the Defect Warranty Period applicable to such Work, the Design Warranty during the Design Warranty Period applicable to such Work or the Installation Services Warranty during the Installation Services Warranty Period applicable to such Work (as the case may be), then Contractor shall have a reasonable opportunity to inspect such claimed defect, and at Contractor’s own cost and expense as promptly as practicable refinish, repair or replace, at its option, such non-conforming or defective part of the Work to Portions of this Exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the Securities and Exchange Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. Owner’s reasonable satisfaction in accordance with Prudent Utility Practice, Applicable Law, Applicable Permits, and this Agreement. Additionally, Contractor shall pay the cost of removing any defect, shipping and installation of replacement parts in respect of a defect and the cost of repairing or replacing such part of the Work as shall be necessary to cause the Work to conform to the applicable Warranty. The timing of and the work to be completed with respect to any such remediation or repair shall be subject to Owner’s approval, such approval not to be unreasonably withheld or delayed. Notwithstanding the foregoing and subject to Section 16.6, if any of the Work shall fail to satisfy the applicable Warranty during the applicable Warranty Period, and such failure endangers human health or property or materially and adversely affects the operation of the Project, Contractor shall correct the failure as soon as is practicable. Notwithstanding anything to the contrary herein, Contractor shall have the right to dispute any Warranty claim.
Notice of Warranty Claim. Owner shall notify DELTA-T in writing of any defect covered by this warranty within ninety (90) days after discovering such defect. If Owner notifies DELTA-T after such period, any damages to which Owner is entitled will be reduced by any damages which DELTA-T could have avoided had Owner notified DELTA-T ninety (90) days after discovering the defect.
Notice of Warranty Claim. The claimant shall notify PHS in writing of a pending claim within 10 working days of becoming aware of product defects, including proof of entitlement for such a warranty claim. PHS reserves the right to complete a full inspection of the building.
Notice of Warranty Claim. Owner shall notify Delta-T of any defect covered by the warranty set forth in Section 12.5 and Exhibit D as provided at Exhibit D, and shall notify Delta-T in writing of any defect covered by any other warranty within thirty (30) Days after discovering such defect, and in no case later than thirty (30) Days after expiration of the applicable warranty period.
Notice of Warranty Claim. Owner shall notify Xxxxxx Mechanical of any defect covered by the warranty set forth in Section 12 and Exhibit D as provided at Exhibit D, and shall notify Xxxxxx Mechanical in writing of any defect covered by any other warranty within thirty (30) Days after discovering such defect, and in no case later than thirty (30) Days after expiration of the applicable warranty period. Any claim for breach of warranty not made in writing within the time prescribed in this Section 12 shall be deemed waived. In the event that the Owner has a claim based solely on the acts or omissions of Delta-T or the performance of Delta-T specified/furnished equipment, then the Owner agrees to pursue a claim directly against Delta-T and/or the supplier of the equipment and accept whatever, if anything, that it recovers with regard to such claim in total satisfaction of the claim. To the extent necessary, Xxxxxx Mechanical will provide the Owner with an assignment of any of Xxxxxx Mechanical’s rights necessary for the Owner to pursue such claims. This limitation on Xxxxxx Mechanical’s liability shall not relieve Xxxxxx Mechanical from the obligation to construct the Work as required by the Project plans and specifications. Notwithstanding anything to the contrary in this Section 12.6, in no event shall Delta-T’s cumulative liability to Owner and Xxxxxx Mechanical exceed the sum of $*
Notice of Warranty Claim. The warranties under sections 8.1 through 8.3 will not apply unless you notify Confluent of the applicable nonconformity within thirty (30) days of the date on which you first became aware of such applicable nonconformity.
Notice of Warranty Claim. If at any time during the warranty period the Buyer believes that any Products do not comply with any of the Warranties, the Buyer shall promptly notify KNF. If the Buyer does not provide that notice within the warranty period, the Buyer shall not have any right to claim that those Products do not comply with the Warranties. The Buyer shall inspect the Products promptly after delivery and shall promptly notify KNF of any alleged breach of any Warranties or any errors relating to the delivery of the Products, provided that any failure to so inspect and notify shall not in any way affect the Warranties.
Notice of Warranty Claim. SPW must receive written notice, containing the information below and at the following address, from a Product owner claiming coverage under this Limited Warranty within the warranty period and within ninety (90) days of the date the problem with the Product first became known, or should have been known through the exercise of reasonable care, to such owner. In the event that a Product owner fails to comply with the foregoing, such Product owner shall not be entitled to the benefits of any provision of this Limited Warranty. The notice of claim under this Limited Warranty must containthefollowing information:
Notice of Warranty Claim. To be handled as set forth in the Xxxxxxx Contract Documents, provided that references therein to “Xxxxxxx” shall be deemed references to Xxxxxxxx.
Notice of Warranty Claim. If at any time during the warranty period the Buyer believes that any Equipment or Services do not comply with any of the Warranties, the Buyer shall promptly notify WAB. If the Buyer does not provide that notice within the warranty period, the Buyer shall not have any right to claim that such Equipment or Services do not comply with the Warranties. The Buyer shall inspect the Equipment and Services promptly after delivery or completion (as the case may be) and shall promptly notify WAB of any alleged breach of any Warranties or any errors relating to the delivery of the Products or the Services, provided that any failure to so inspect shall not in any way affect the Warranties.
