Common use of Remedies for Breach of Contract Clause in Contracts

Remedies for Breach of Contract. 10.1 Defects and shortcomings The Customer is obliged to examine the sales items or service immediately upon delivery, maximum 5 working days after receipt and immediately submit claims to Axcess Nordic. Subsequent claims cannot be made against Axcess Nordic in relation to shortcomings and defects that are discovered, or should have been discovered, in connection with such examination. The customer’s right to make claims regarding the delivery shall be void if the Customer has made corrections or changes in the delivered. Axcess Nordic’ responsibility for defects and shortcomings is limited to remedying. Axcess Nordic shall be free to choose the form of remedying as (i)repair, redelivery or additional delivery (ii) has instructed the customer a reasonable way to circumvent the defect or shortcoming. If there are significant deficiencies and if the mail part of the deficiencies are not been remedied within a reasonable time, the Customer may set a final deadline. The deadline can not be shorter than 30 working days. The Customer can then cancel the Agreement by submitting written notice. The deadline for this can not be shorter than 21 working days. If repair is not made before expiry of this notice, the Customer may terminate the agreement in whole or in part. Axcess Nordic is solely responsible for its own deliveries. Axcess Nordic is not responsible , nor does it grant any guarantee, for the Customer’s or third parties’ services, software, products, materials, tools and methods, even though these may be a part of the delivery, except for the guarantees that Axcess Nordic can pass on to the Customer. For agreements that cover an ongoing service, special non- compliance remedies apply, as outlined in section 11.2. 10.2 Breach of contract by the Customer If the fee is not paid on time, or if the Customer otherwise fails to fulfil its duties in accordance with this Agreement, Axcess Nordic may terminate the agreement if the Customer has not remedied the situation no later than 8 days after a written demand for such remedy has been issued.